• Bad remark on an employees foreign travel profile because of employer's mistake

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
Asked 4 years ago in Labour

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11 Answers

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.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) sue your employer for damages as you would not be able to travel abroad for work purposes

2)contact a local lawyer

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

ask in brief.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Your company woukd not award you compensation

You have to sue the company to claim damages

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

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.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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