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vineet malhotra (Employee)     01 July 2016

Contract not honored and harassment by employer

I was employed by ABC India for a project in Saudi Arabia through there sister concern XYZ Saudi Arabia. ABC being principle employer and XYZ to accommodate me in Saudi Arabia for ABC business in Saudi.  Employment discussion started with ABC management in Dec 2015 but formal contract was given in March 2016 with validity of 1 year with monthly pay of saudi riyal 12000 per month.

In first month visa did not arrive. When I asked for salary, they said ABC cannot pay as you are employee of XYZ AND XYZ cannot pay as visa is not in place.

After 1 month of contract visa no was provided to me for stamping on passport. same could not be done as skill category assigned in visa did not match. Again visa was processed as per my skills.

In between I was sent to Dubai for training purpose by Company for 1 week. Tickets were provided by XYZ AND boarding and lodging provided by ABC. I started requesting for my salary as I did not had any income for last 5 month despite working.

After long persuasion and continuous follow up,  ABC made contract for 3 months and paid me much lower amount than agreed in First Contract. I had no other option, hence I accepted his offer.

Meantime ABC arrange for another visa for processing on passport after 1 month from previous visa. Again it had had errors with regards to employment, contract term and salary. ABC Acknowledged and I asked them to send me amended contract with agreed terms and condition.

This time I received another contract from different hiring company name in  DEF Saud with 1 year validity and salary 10 percent of agreed salary with validity of 1 year. Corbus asked me accept same and process for visa formality. I denied to accept same as it had different terms and condition.

Contract was totally opposite on salary as well employment terms and condition I refused to accept visa. In span of 3 months they have provided me 4 different contracts to follow.

Not accepting visa ABC management is pressuring me to resign from job with immediate effect.

Legal advice Sought

1. Can ABC enter into multiple one sided contract?

2.Can I claim for salary as per intial contract which I signed as ABC is principle employer who had started discussion finalized and enter into contract through XYZ?

3. Can I claim for  mental harassment, breach of contract and financial loss for delays/ non payment as per contracts?

4. Any  Provision under law in which ABC management can be punished to refrain them from doing heinous activity to public ?  



Learning

 3 Replies

Kumar Doab (FIN)     01 July 2016

Generic advice shall be of not much help.

The matter may require examination of voluminous documents for better understanding.

You may consult a very able counsel specializing in service matters.

JustAdvisor (IT)     01 July 2016

your contracts will have to be studied for a concrete opinion. but on the face of it, your original contract appears to be contingent on you being granted a visa which didn't materialise. both parties then entered a new contract which is novation which if done with free consent may be valid and may supersede old contract if it is the intention of parties. however you are entitled nevertheless to be remunerated for whatever period you have worked for. rest, show all documents on record to an able counsel for a thorough opinion. i personally don't think this is a criminal matter.

Kumar Doab (FIN)     01 July 2016

Unpaid wages/promised amounts are debt on employer.

For a considered opinion prefer examination of voluminous documents by a very able counsel specializing in service matters.


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