• Not committing to the given Offer for posting in another country

Hi,
   I was given a job offer by an Indian IT company to work in South Africa. They asked initially to join them in India for visa processing and then move to South Africa permanently once visa is stamped. Even after 8 months of getting the visa, they are still not posting me in there and neither paying me the salary which was committed to be paid in the country. Please suggest if I can legally oblige them to pay me for the losses.
Asked 1 year ago in Labour from Pune, Maharashtra
Hi,
If you are not getting paid as you have promised there is no point in continuing in the firm, so , put your resignation stating the same reason and demand to settle your salary arrears due.
if you were offered a job in south Africa by the employer and he kept you in his Indian office for the company's practical reasons , is liable to pay you your offered salary.Since the company failed to provide you the job offered and payment, the company hast to compensate you for the financial loss and the waste of time  which could have earned you a good job in other companies.
First send your resignation by post or email, ask the company to pay your dues immediately
after a week's time send a legal notice by a lawyer  demanding salary dues as well as compensation for your loss.
If the company/firm/employer is not willing to settle the due s and your grievances, you should approach a labour tribunal if you were appointed lower than a managerial post.
If you were in a managerial post you should file a vicl suit for the recovery of your salary dues and compensation.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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Hello,
1) If your offer letter or the letter of appointment clearly states the terms and conditions you have mentioned and the company has failed to comply with them you can obligate them to compensate you.

2) Of you are still employed with the company communicate in writing your grievances and seek a redressal of them. If the company fails to comply thou can issue them a legal notice.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
The employment per se is a contract and if only offer was given and there is proof of only your acceptance  and no contract has been signed, you can not file any loss or damage claims.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
It is advisable to send a legal notice to the company seeking compensation for the loss of finances and the time spent waiting for the placement after the job was given and you were selected. It is not understood whether you are gainfully employed with the company as of now or not. If you are employee of the company then  the company 
is liable to pay the salary.Hence if you are not being posted, you could ask for another job work if you wish to continue with the present company.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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1. Did you receive any appointment letter which is treated as agreement for employment?

2. Was any time period for posting mentioned in the said ofer letter?

3.If no then you still do not have any ground to agitate,

4. What the company is saying for the delay? Is it that they have not yet received the project from South Africa or they have lost it?

5. However, it will not be prudent on your part to come to any legal conflict with your employer at this moment if you do not have any authentic document  aganst their firm offer since it may spoil your future chance to be absorbed,

6. Discuss with the Company and wait for some more time. 
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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