1) it is necessary to peruse offer of employment to advioce

2) if work visa is denied by indian authorities the school cannot be blamed

3) it is beyond the control of the employer

4) company cannot hire the teacher and is not legally responsible to fulfill its promise of employment

1. What is the role of 'company' here?

2. Unless the company has agreed to assist the teacher in obtaining visa it is not liable for the rejection of his visa. The contractual liability of the company is limited to the promise it made in the contract, not beyond it. No lawsuit can be filed by the teacher against the company for rejection of his visa.

3. The contract has to be perused threadbare to ascertain the nature and extent of the liability of the s

The work visa is not refused due to her nationality . It may refuse due to her work which she mentioned in the application for work visa. Only high skilled or qualified professionals can get the employment visa in India.

An Employment Visa is granted to foreigners desiring to come to India for the purpose of employment, subject to fulfillment of the following conditions:

(i) The applicant is a highly skilled and/or qualified professional, who is being engaged or appointed by a company/ organization/ industry/ undertaking in India on contract or employment basis. ¬

(ii) Employment Visa shall not be granted for jobs for which qualified Indians are available. Employment Visa shall also not be granted for routine, ordinary or secretarial/clerical jobs.

(iii) The foreign national seeks to visit India for employment in a company/ firm/organization registered in India or for employment in a foreign company/ firm/organization engaged for execution of some project in India.

(iv) The foreign national must comply with all legal requirements like payment of tax liabilities etc

(v) The Employment Visa must be issued from the country of origin or from the country of domicile of the foreigner provided the period of permanent residence of the applicant in that particular country is more than 2 years.

(vi) The documents/ papers pertaining to the proposed employment, like the registration of the company under the Companies Act, proof of registration of the firm in the State Industries Department or the Export Promotion Council concerned, or any recognised promotional body in the field of industry and trade etc will be thoroughly checked to decide the category of visa that may be issued to the foreigner. The name of the sponsoring employer / organization shall be clearly stipulated in the visa sticker.

An Employment Visa is granted to those who are an employee of an Indian company / or those who intend to do honorary work (without salary) with Registered NGOs in India. The Embassy/Consulate may grant Employment visa valid for a limited validity irrespective of the duration of the contract. Further extension up to 5 years could be obtained from MHA / FRRO in the concerned state in India.

So if she applied the visa for special teacher(language/sports...)post it may get . The contract between the company and teacher is important but the rejection of visa does not create any contractual liability to the company.In India no law suit can be proceed against the company .

There is no bar to hiring teachers having international experience in international schools in India

Merely because teacher is a Filipino is not ground for rejection of her visa application

Employment visa would be granted if there are no Indians having the requisite international experience

What is the company's legal responsibility for fulfilling it's promise to hire if the local visa processing agency refuses to grant a work visa due to her nationality?

no responsibility will be incurred. in this condition agreement shall be void under section 56 of the contract act because granting visa is not in your control. so when a agreement is frustrated due to supervening events then no liability can be imposed upon the other party to the agreement.

1. The Companys' responsibility on its employees starts after their joining the employment with them and does not include ensuring that the VISA of the foreign candidates are processed successfully.

2. It is the duty of the candidate to first get the VISA processed for joining the foreign Company before resigning from his existing job.

3. In fact the Indian Company has no role in the candidates not being able to avail VISA for joining the Company for employment for which they can not be blamed under any circumstances.

1. The allegation that "India is not hiring Filipino teachers". can not be established since it will not e given in writing by the authority.

2. VISA can be refused on various grounds which are not disclosed in black and white by the authority.

3. In absence of the evidence that "India is not hiring Filipino teachers", there is no scope for taking the Company to the Court.

Issuing a work visa is purely discretion of the consulate . To protect the interest of Indian nationals some regulations are kept in the norms. Highly skilled or qualified professionals can get the visa. So the preparation of the application and convincing the officials are important .India is not hiring Filipino teachers is an absurd thing .

The employment offer letter should contain the clause namely 'subject to.' there is no objection to her to stay in your offer letter to her.

If the Indian immigration department is approached you will get some solution to this and then you may challenge the said agreement between you and him if she decides to approach legal forum you may let her do it. You can challenge it properly.

The teacher's application materials include all documents mentioned except for the letter stating that the position of international teacher cannot, by definition, be filled by an Indian teacher unless said teacher has equivalent international experience. In cases such as this, what specifics must be included in the employers statement (ii) referenced above? Thank you very much for your thoughts.

The offer letter may include that she only has to face her visa problem or any other immigration issues.