YN 29 November 2016

Harrassment at the time of exit

Hi,

I have been working for an MNC for last 5 years. In Feb 2016, company initiated L1 VISA for me. I have been following up till now to get L1 VISA but it is taking a long time. Recently, I received a good offer from another company and I resigned from my present company. Now, my present company is asking me to refund the money spent by my company for L1 VISA processing. This is a big amount (more than Rs 1 lakh).

At no point did company inform me that I will be required to pay L1 VISA processing charges. In fact there is no policy in the company about this. Still they are insisting I should pay else they will not give relieving letter.

Please advice if my company is legally correct in enforcing this decision on me.

Regards,

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7 Replies

Kumar Doab (FIN) 29 November 2016

If there is NO agreement to this effect then you are right.

ASAP download all versions on all dates (old/new) all rules,policies,HR policy ,employee handbook, emails, forms ssigned by you etc as anytiem your access might be blocked and go thru these and confirm if any of these speak about refudn and/or deemed acceptance by you!

What for this VISA was pursued for you?

Was it to depute,transfer you?

Deputation,transfer, even training of employee to handle the counters of employer shuold be without any cost to employee.

Relieving letter signifies employee has separated and nothing is due against employee.

Service certificate has to be issued to all employees.

Kumar Doab (FIN) 29 November 2016

ASAP download the notice of resignation, and obtain acknowledgment and transact in writing under proper acknowledgment by letter thru Redg. post or at least from personal email id...

Demand to supply the acknowledgment and aceeptance of notice of resignation and final resignation, salary slips of each month, correct FnF statement,FnF dues, Form16 as per correct FnF statement, service certificate,relieving letter,PF a/c statement, NOC/NDC ,handover of charge/assets etc etc .......................

Mention that routine duties be assigned that can be completed on day to day basis within and upto LWD i.e. dated...........as per notice of resigantion dated...............,and to whom ou should handover the charge within and upto LWD .................

Kumar Doab (FIN) 29 November 2016

Most Imp: Take next employer into confidence to absorb you on the strength of copy of notice/final resignation and its proof of dispatch and POD, ONLY......................and mention that you can supply other docs e.g; ...aceeptance of notice of resignation and final resignation,salary slips of each month, correct FnF statement,FnF dues, Form16 as per correct FnF statement, service certificate,relieving letter,PF a/c statement, NOC/NDC ,handover of charge/assets etc etc .......................if and only if last employer supplies it to you as it is not in your control...................

Transact on these parameters in writing under proper acknowledgment.

Suri.Sravan Kumar (senior) 29 November 2016

you are bound by the terms and conditions of your appointment. If the conditions says so then you are bound to.

Kumar Doab (FIN) 29 November 2016

The service conditions are governed by various enactments applicable to establishment,employee. These enactments shall prevail upon any private agreement that employer has drfated and signed with employee.

The issue of notice period and pay has recently been discussed at:

https://www.lawyersclubindia.com/forum/Notice-period-under-employment-law-144747.asp

Ms.Usha Kapoor (CEO) 30 November 2016

Resignation ltter, service certificate and relieving letter etc take under proper acknowledgemnt. If L1 VISA charges are not part of employment contrct no need to bother about it.Your former employers are duy bound to issue these 3 your releiving order, servce sertificate, resignation and the other two under proper acknowledgement.If they refuse approach labour court.Would you give me your profile likes in exchange for free legal advice?