You can issue legal notice to your ex employer to furnish copy of your application status , application number ,
How can I get my money from my last employer without affecting my current job?
I am a software professional and I signed one contract with my last employer for H1B visa.They didn't share any application number so that i can check my status online . My last employer deducted 2,84,300 from my gratuity and paid leave balance. I worked there for 5 years 4 months.I mailed them multiple times but they didn't even gave a single reply.I am not even sure whether they have sent my application or not.I can share a copy of a contract. Agreement : 1. you are aware that in order for the company to obtain your visa, it will be necessary for the company to make a substantial effort and incur expenses towards various actions including retaining and paying services of attorneys to obtain the necessary petition approvals, visa, and other incidental expenses. 2. Under the circumstances, if you fail to voluntarily and whole heartedly continue your employment for a period of eighteen months from the date of this agreement, the company will incur a loss due to company's expenditure incurred on among other actions , towards the above items. 3. Should you fail to continue your employment with the company for a period of eighteen months from the date of agreement , you shall pay to the company an amount equal to the costs incurred by the company on your behalf in obtaining US visa . Currently the estimated amount is INR equivalent to USD four thousand (4000) 4. You shall pay this amount immediately on failure of continue employment during the eighteenth month period. 5. The processing time is subject to internal company procedures and the relevant immigration laws of USA and XXX software does not take responsibility for any delays ,disruptions in processing and or changes in related laws in future. I signed this agreement on March 6, 2019 and left the company on Oct 25, 2019. My main concern is that they have not mentioned about not sharing application status/application number in agreement and they deducted from gratuity and leave balance.
Asked 6 years ago in Labour
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12 Answers
I am scared about my current employment. Will there be any issue to my current employment?
Asked 6 years ago
It would not affect your current employment
Hi,
Since these things are relevant and related to your previous employment and you have joined the present employer after resignation and due clearance from previous employment, your case of asking dues will not affect the present job. Further, you are suggested to serve a legal demand notice to previous employment for clearance of money due as well as visa etc. If not cleared within specified time of 15 days, file a case in court.
You have all the rights to know and become aware of all the details of the amount that have been deducted from your account towards the said process of visa and other expenses.
If you do not get any reply for your email enquiry, you may send a legal notice to them demanding the said details.
If they fail to give a reply to this also then you may plan to initiate proper legal action as per law on all such further issues.
you may discuss with a local advocate at length and initiate proper action as per law including serving them with a legal notice as advised.
Since to become aware of your own account of amount spent on the said process becomes your right you need not be worried about any such thing including any problem about your current employment.
You are going to initiate action against them only and not going to hamper your current employment hence you may better not be worried on that count
See.you can send them legal notice about your concern and can ask.for the amount citing it as your right as they have deducted it from your gratuity. If on notice they fail you can file suit to recover same. Though based on agreement condition company can contest it.
Also it would not effect your current employment .
A suit or legal notice shall not effect you current employment in any way.
- As per law, resignation decision is the employee’s decision, and the employer cannot forfeit any amount /salary even if the employee leaves without serving contractual notice.
- Hence, legally you have right to ask for details of deduction from your account in the name of Visa etc.
- You should send a legal notice for the same , and ask for details thereby , with the amount due as per your calculation.
- If no response , then even you can take legal steps against that employer.
- Further, you should not be scared from your current employer , as your steps are not illegal and unfair .
1. If you have signed the agreement for 18 month employment then your previous employer can deduct the amount mentioned in the agreement.
2. You cannot file recovery suit against previous employer if they have deducted amount as per agreement.
3. The deduction will not affect current employment.
Serve a legal notice to the employer and Claim for the arrears/out standing dues. If not paid then file a recovery case for payment of arrears and other dues as applicable.
the employer and employee both have to follow the PF rules. not affects you stand legally and will help resolve the issue.
No there will not be any issue from the current employment. You can still take your legal remedy by approaching the labour commissioner office or labour court if required
