Company demanded h1b fees to be paid on my quit
praveen
(Querist) 07 April 2015
This query is : Resolved
Hi,
In January 2014 when my Company HR called me on mobile to know if I am interested in H1b and I said yes.
I have sent my scanned copy of education documents upon request. Later I signed visa checklist document.This document has following point...
"You will sign the Service Agreement in advance on being advised by MATC/HR. This agreement is to ensure that the candidate will pay Company Rs. 2.8L towards the cost
of processing H-1B visa should he/she fail to take up US assignment after visa stamping"
Company said my H1b petition was filed on April 1.On April 20, I sent couple of emails asking them to withdraw my candidature for H1b,as I am not interested in onsite opportunities
due to family constraints. HR asked me to sign the secondment agreement and submit it earliest.Even after telling them that I am no longer interested in H1b, Still they insisted that I sign the document and assured verbally that there will not be any legal consequences of it. But I dint sign the document .
I submitted my resignation on May 7th stating that due to my family constraints I have to quit the company and had no qualms with the Company. Though the reason for quitting company is odd timings(weekend work) and no growth in pay.
HR Admin told, my petition was picked in lottery (sometime after April 20), and I have to bear all the expenses for h1b processing fee.ie 4000$(2.5 Lakh Rupees) if i Quit. Asked me to pay entire amount and get relieved properly. They didnot cancel my petition after my resignation.I spoke to HR Admin several times to reduce the payment and shown me my H1b receipt number for proof. All my requests were futile. Neither I received my receipt number nor I attended visa interview but I had to pay 2.8 lakh Rupees after 2 months from relieving date(Aug 5th).I paid this money as I needed relieving letter to join another company.
I have proofs of the following documents:
1.visa checklist document.(which says, "You will sign the service agreement...)
2. My Email letter asking to cancel my h1 petition dated April 20.
3. Acknowledgement for Visa fee payment for 2.4 lakh Rupees.
Is there any chance of filing case against the company for not providing my receipt number after paying the complete visa fee. earlier company did not cancel my visa petition when I spoke to them number of times to cancel my petition in April month itself when there is a scope for cancellation.That would have charged me with less amount around 60000 Rupees instead of 2.5 Lakh Rupees.
Please suggest me what are my chances for filing case against my company. I am eagerly waiting for your kind advice. Thanks in advance for your time.
Kumar Doab
(Expert) 07 April 2015
You have a point.
You may have a chance.
The company has willfully not parted with the documents.
The documents need to be scrutinized.
If company has not shared the documents with you and it may have to place these before a lawful authority, court of law and decision shall be the pleasure of authority,court.
You may spend quality time with an able labor Law Consultant/Service Matters Lawyer/Law firm dealing in such matters and proceed further after understanding the merits and remedies.
You may reply pointwise to following:
1. Did you resign with immediate effect or tender notice of resignation? Do you have copy of resignation? To whom you have addressed all communications/emails? Did you get acknowledgment and acceptance of resignation, FnF statement showing computation of salary paid/adjustment of notice pay/leave encashment/Bonus/OT,salary slip of all months,PF number a/c slips,ESIC card,Form16 as per correct FnF statement,NOC/NDC,service certificate,Relieving letter, etc,?
You may demand to supply all of these documents, and payment of encashement?
2. Are you a member of Employee’s/Trade Unions
Does your company have any GRC (grievance redressal committee) and ‘Works committee’?
3. What is your designation and nature of duties? How many people were reporting to you? Did you have any power to employ,terminate,sanction leave (or recommend ……but clarify) ,grant increment etc?
4. What is your salary: Basic,DA.
5. Was salary slip of each month, PF number and a/c slip of each year, ESIC card,Form16 issued to you?
6. Your reporting office was located in which state?
Regd. Office of the company is located in which state?
How many people are employed in the company?
Does the company have its CSO (certified Standing Orders) and does it cover your designation or do Model Standing orders apply to it?
The company is registered as: Commercial or Industrial establishment?
7. Do you any evidence of weekend working/extended working and working beyond 8hrs/day::::48 hrs/week?
You may reply pointwise to each point!
It may be possible to revert to your query.
praveen
(Querist) 09 April 2015
1. Did you resign with immediate effect or tender notice of resignation? Do you have copy of resignation? To whom you have addressed all communications/emails? Did you get acknowledgment and acceptance of resignation, FnF statement showing computation of salary paid/adjustment of notice pay/leave encashment/Bonus/OT,salary slip of all months,PF number a/c slips,ESIC card,Form16 as per correct FnF statement,NOC/NDC,service certificate,Relieving letter, etc,?
You may demand to supply all of these documents, and payment of encashement?
ANSWER:It is not with immediate effect.I resigned on May 5th 2014.I informed them about my lack of interest in H1b in the month of April. I do not have copy of my resignation letter. I addressed my emails regarding H1b to MATC/HR Team as they command a view of immigration services of company. I will try to get resignation email from my Project manager if possible.
After paying the H1b fee I got acceptance letter,relieving letter and 1 month later received FnF statement and Form16 .
2. Are you a member of Employee’s/Trade Unions
ANSWER:No.
Does your company have any GRC (grievance redressal committee) and ‘Works committee’?
ANSWER:No.
3. What is your designation and nature of duties? How many people were reporting to you? Did you have any power to employ,terminate,sanction leave (or recommend ……but clarify) ,grant increment etc?
ANSWER:Designation:Sr.IT Software Engineer.Duties: As Team leader I was responsible for project plan with analysis, design and coding activiites. Managed team of 3 to 4 people in carrying out all software development activities along with my role as developer.
4. What is your salary: Basic,DA.
ANSWER:Basic:15,530 Monthly, DA:11000 monthly
5. Was salary slip of each month, PF number and a/c slip of each year, ESIC card,Form16 issued to you?
ANSWER:Yes this was accessible online in company portal.
6. Your reporting office was located in which state?
Telangana( previously Andhra Pradesh)
Regd. Office of the company is located in which state?
ANSWER:
Gachibowli,
Hyderabad 500032
How many people are employed in the company?
ANSWER:Over 10,000
Does the company have its CSO (certified Standing Orders) and does it cover your designation or do Model Standing orders apply to it?
ANSWER:It is ISO 9001:2000, certified and CMMI Level V accredited
The company is registered as: Commercial or Industrial establishment?
ANSWER:Commercial establishment
7. Do you any evidence of weekend working/extended working and working beyond 8hrs/day::::48 hrs/week?
ANSWER: Yes I have emails.
I did not consult any lawyer till now. Please advise.
Kumar Doab
(Expert) 09 April 2015
You have not replied to all points.
You can Write to company to demand payment of OT @ double wages and mention that FnF statement (if supplied) did not contain OT and hence is not accepted/or acceptance is withdrawn.
You (all employees) should become a member of Employee's/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc.....
Hope you are aware that employer's have a Union in your state and now IT/ITeS Employee's have formed many unions and have affiliated with Trade Unions.
You seem to have merits.
If on your own you are unable to manage to get the refund from employer then you have no option but to approach Lawful authority,court of law preferably under counsel of your able Labor Law Consultant/Service Matters Lawyer.....
