Settlement and compensation
Antibiotic
(Querist) 24 April 2012
This query is : Resolved
I joined a pharma company in January 2012. I was sent to Tajikistan as Deputy country manager on business visa. After 2 months due to recently changed visa
rules, I came back India on 1st April to get Employment visa from Tajikistan embassy in Delhi.
Just after a day of reaching India, on 2nd April I got an e-mail from HR stating :-
"There is an amendment in the HR policy regarding your visit to India for official purpose before 11 months of your service.
Till the time you are at the Head Office the salary will be as per the employment contract and if you are not coming to the Head Office on any given day then
it will be according to the Company norms."
I was hired for international location. I do not have a position in India office. So I was staying at my home in Lucknow waiting for visa.
For some reasons the Embassy has declined to provide me visa. After 9 days on 11 April I received another e-mail from HR as follows:-
"As we are unable to process your VISA so under these circumstances we won’t be able to continue your services from the day you handed over your passport to
us at the Head Office. We are dispatching your passport tomorrow by courier."
I want to know Can they change the payment policy anytime? If yes shouldn't there be a joint agreement(Hard copy with signatures of both parties) between me
and the company? Should I not get the salary from 1st April till 11 April. Plus One month salary in lieu of One month notice period (1 month notice period is
also mentioned in Employment agreement).
Your suggestions will be highly appreciated. Thanks in Advance.
Mandeep singh
Devajyoti Barman
(Expert) 24 April 2012
If your contention is supported by a duly executed job contract then you can knock the door of the civil court for legal recourse on the ground of breach of contract.
However do keep in mind the snail pace of trial in lower court in India.
Nadeem Qureshi
(Expert) 24 April 2012
Dear mandeep
it is all depend on your contract with the company or organisation, what are the terms and condition mention in the contract?
feel free to call
ajay sethi
(Expert) 24 April 2012
if under terms of contract you are entitled to one month salary in lieu of notice periiod then you can claim the same from the company .
the terms of employment agreement would have to be gone into before advising further . is there any clause relating to visa?
since you are in delhi contact dhingraji from this forum . issue legal notice to company .
Antibiotic
(Querist) 24 April 2012
In the employment contract the point "Termination" states that "Either party may Terminate this agreement by written one month notice at any time for any reason or for no reason. This agreement is intended to be and shall be deemed to be an at-will employment agreement and does not constitute a guarantee of containing employment for any term."
There is no clause related to visa mentioned under any point in employment agreement.
Sudhir Kumar, Advocate
(Expert) 24 April 2012
If they want you to be at Tazakistan and the Tazak Govt does not give you VISA then can the company be compelled to keep paying you.
You cannot be eepxted to be there as illegal entrat for the sake of contract.
You contract has frsutrated due to Gov tintervention.
Antibiotic
(Querist) 25 April 2012
Today I had a telephonic conversation with the owner of the company and he said they can not continue the services. Kindly suggest me 1. shall i ask them for the salary from 1st april till 11 april Plus one month salary in lieu of notice period?
Thanks in Advance.
Antibiotic
(Querist) 26 April 2012
Mr. Sudhir Am I right? You mean to say that the company need to pay me if my visa is declined?
They say that they can not continue my employment coz the embassy declined visa on some ground.
Plz advise, Thanks in advance for your suggestions
Sudhir Kumar, Advocate
(Expert) 26 April 2012
No I never told that they can be compelled to keep paying you rather I asked a question to you for your intropsection whihc says "can the company be compelled to keep paying you" plese do not misquote or misunderstand.
The company is under obligation to pay you if you report for duty at Tazakistan.
The company is certinly not under obligation to keep you for a job at Tajakistant aginst the wishes of Tajak Govt. If tajakistan Govt has refused you VSIA then they have refused (no issues on that). Tajakistant Govt is not under your company's control. The situation is beyong control of each one. Your contract has got frustrated with Soveriegn intervention.
