Hello Sir, I'm working for an Indian based MNC IT company and had been asked to travel on an old Work permit/ VISA which was cancelled. It was a mistake from the organization that they have sent me on an existing old visa which was cancelled an year back. They rejected my request to apply for a new VISA and asked me to travel on the old one. Once I reached the destination country Immigration officials rejected my VISA and sent me back to india. They also mentioned that its a huge mistake by me to enter in to their country without a valid work permit, also said that I may not be able to travel again to the country in the future because of this refusal stamp on my passport. the refusal mark on passport could be the reason to reject my entry in to any other as well. Finally, my foreign travel in the future is in the stake because of the current travel initiated by my employer. My career goals have come to an end by this black mark on my travel profile because of the organization mistake. The same is agreed by the travel team management of the organization already. But I would like to know how can I demand the employer for the compensation for the mistake which spoiled my career in the global IT industry. Kindly suggest me, how can I approach on this. Thanks
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1. The entry into a foreign country depends on the sole executive discretion of that country and do note that even a valid travel permit or visa does not ensure entry into that country.
2. So in future whether you would be allowed to enter into that country or not would depend on the wish of that country once you apply for visa once again.
3. However this untoward incident will not hamper your foreign travel to any other country . So rest assured on this account.
Dear Client,
Above act comes under vicarious liability and willful default of employer, If u have proof of admission of tehre fault and of this ( rejected my request to apply for a new VISA and asked me to travel on the old one).
Than file for compensation to labor commissioner and expunge of refusal entry on passport ( check what is procedure for expunge of such entry and what ever fees, charges/exercise levied shall be borne by employer ( Vicarious liability )
And, any disability persists due the such entry, your employer is always liable unless he find permanent solution/settlement of your problem.
1) sue your employer for damages as you would not be able to travel abroad for work purposes
2)contact a local lawyer
File a suit of damages against the employer if sufficient proof that you have suffered the loss due to the employer act.
Issue a legal notice asking damages first if the employer refuse or dont reply file a suit of damages.
Further check it thoroughly through a visa consultant that whether this refusal mark really effect your future travel as the it was bonefide mistake and you were not force entering so better to clear issue before filing or issuing notice as this can estrange relationship current employer also.
Thanks a lot for your responses. I had very difficult time during the immigration process at the destination country airport. I had to surrender all my belongings including mobile phone with them as soon as they found that I tried to enter the country with an invalid visa. They have kept me in a cel, kind of a prison. I have no access to anything like my mobile. Officials interrogated me several times with lots of questions. I felt very bad with their treatment. I was in the cell for a day and then they issued a refusal notice to me and forced me to go back to the home country. My pass ports were stamped with refusal note and told me that I cannot apply for new VISA up till next 12 months time. Also said that it will be an issue even after 12 months. They have taken my passports and escorted me for my complete return travel.I literally had very difficult travel experience due the organization mistake. I explained this to my management and they agree that its a mistake from the organization end. I went through mental trauma for the couple of days due this and now Organization is not ready to apply for the new VISA for me. The refusal stamp on my passport is definitely a black mark for whole life, it is a definite question to answer every time I apply for the VISA to enter any country and carries a bad impression with my travel record. The organization can provide a letter explaining the previous refusal as long as I'm the company which may not be considered at the immigration. The countries like USA rejecting the VISA for so many simple reasons these days, It is serious damage for my future travel to such countries. So suggest me what kind of compensation I can demand from the organization. Thanks
You can calculate damages suffered in terms of monetary that this one year loss, mental trauma, loss of reputation and future problems then file a suit for recovering damages for this from the employer.
also first issue the legal notice and you can ask any amount you deem fit that you can justify before court for loss and lum sum amount for mental trauma and loss of reputation.
ask in brief.
Your company woukd not award you compensation
You have to sue the company to claim damages
You are entitled to get compensation not only for humiliation you faced but also for damage of reputation, mental trauma, presumptive loss of income due to disqualified for foreign employment. you are entitled to get damages to the extent of loss incurred to your body mind and reputation.
If you have decided to not to work with this organisation anymore then you can initiate legal steps against the company seeking compensation for the loss and insults you had to face due to their intentional mistake.
You can file a civil suit for compensation of the loss calculated on the basis of your own assessment of the loss you are likely to incur in future due to this.
As suggested in the previous post, you can sue the company for the mental and physical loss you suffered and likely to suffer due to this in future.
It is better that you first look for a better employment as an alternative before you plan to initiate any legal steps against this company so that you can comfortably fight against this harm done to you.
Dear Sir,
You can make the good in the liquidated damages from the management. You have to issue a legal notice and file a suit against them. As against refusal stamp on your passport can be discussed in person and remedies may be worked out and explained to you in person.
