• Violation of employment offer from a foreign employer

Foreign Employer released the signed offer letter.I resigned from my current job as per their instructions.Now the employer is neither recruiting  me nor replying to my messages and emails. I was a permanent employee of a big MNC and now iam jobless. Kindly advice what action i can take against this employer from india


thank you
roopesh
Asked 2 years ago in Labour from Delhi, Delhi
Hello,
1) Was the signed offer letter addressed to you on person on the company's official letter head?

2) Had you received written instructions from the Employer to resign from the perspective Employer?

3) If the answer to the above questions are in the affirmative, you need to send them an e-mail  stating that you will be constrained to take legal recourse of the company failed to employ you as offered or in the alternative adequately compensate you for your loss.
4) If you still fail to get any response contract a lawyer and get a legal notice sent to the company.
5) In the meantime do some research about the authenticity of the company and if they have any offices in India. This will help.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. Indian Law in connection with employment can not be made applicable on the Companies of Singapore,

2. To overcome your problem, send the Company a legal notice demanding immediate recruitment and/or payment of salary under copy to the Embassy of Singapore at India,

3. Meet the Embassy of Singapore  at India seeking redressal,

4. Meet official of Mistry of External Affairs at N.Delhi for guidance and their taking up the matter with appropriate office of Govt. of Singapore 

5. Search for lawyer at Singalore for filing a damage claim there as a last resort,

6. You have a good case to win but the process is expensive.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
1.Before taking the steps suggested by me in my earlier post, try to find out why the Company is not honouring its appointment letter,

2. If the Company has faced any financial disaster or is on the verge of closing down or has selved its project for which it had decided to recruit you and sent the appointment letter, then the said Company may take shelter on this unforseen events,
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
Hello,
1) As I mentioned earlier you need to do a bit of research about the company before taking legal steps. Find out the current status and as to whether there is any immediate cause which prompted them to be silent on the appointment.

2) Do send a legal notice nevertheless seeking immediate recruitment or in lieu appropriate compensation/ damages as they have committed to hiring you.
3) Do send a copy of the legal notice to the Singaporean Embassy in Delhi and seek its intervention in finding a resolution.
4) In any event as you have all the requisite proofs of the company entering into a contract with you, have the fairest of chances of succeeding in getting yourselves justice.
5) Whether or not you will have to engage a lawyer overseas will be determined on the basis of what the embassy can do to help.
6) Initiate the first step, however of sending a legal notice.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
The ticket was made by them? Is their any final date of joining mentioned in your appointment letter?

If the company is not responding to you then it is advisable that a legal notice be sent to then demanding action against them. Since the company is in Singapore, no civil action as such can be taken against them but you may file a criminal complaint of cheating and fraud sharing the people who were in contact with you for your employment. Further if the company is a registered company with the laws of Singapore then you can get details of the company on commerce website of Singapore.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. So, the Company has not refused to recruit you for some ill intension,

2. They are keeping silent because the project they were assigned to by their cilent, for which you were rcruited, has been cancelled by their said client,

3. It is an unforeseen event for them resulting into their not recruiting you,

4. You have not yet been recruited, so you can not claim emloyment benifit or retrenchment benifit, if any,

5. It may so happen that the said Company may get back the said cancelled assignment or may get a fresh assignment from their some other client where they can place you,

6. In the above circumstances, it will be prudent and more practical on your part to wait for some more time keeping very good relationship with the Company so that they do not decide against your said recruitment and further placement. Keep communicating with the Company politely asking to be placed elsewhere,

7. The above has been suggested since the overseas litigating expences  will be too high for you & it may jeopardise your placement elsewhere at Singapore.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
In this scenario, send a letter mentioning therein that a new project may be assigned or you be placed at a required place. Try to get in touch with the higher authorities before sending any legal notice or taking any further action.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0

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