• Penalty on employee

Respected Sir,
I am working for a Comapny  and i was to travel to Poland to take part in my company's conference. 

But i cant make it because i have not been given any visa appointment by POLNAD EMBASSY just because I do not have a lastname in my passport which is quite common for Indians.

And on the other hand my company has already given me the details of the fine i will have to pay if i do not make it to Poland on time i.e 14th novemebr 2016. My monthly salary is around 550USD (45,000 INR) whereas fine being levied on me due to the non approval of my visa and subsequently not making to poland on time is 3400 USD (2,20,000 INR).

I was intimated about my visit on 15 sep 2016 by my company. Immediately I applied for visa  but i was denied for the above mentioned reason. Since then I have sent tons of mails for an appointment date or to offer me some other solution to the Poland Embassy but they are not even responding to my mails.
 HOW DO I AVOID THIS UNCALLED FOR PENALTY NOW. I AM STILL IN PROBATION PERIOD. JOINED COMPANY ON 6 JULY 2016
Asked 1 month ago in Labour from Gurgaon, Haryana
1) you cannot be penalised for your visa being rejected by Poland embassy 

2) if company levies penalty on you then you can dispute your liability to make payment 

3) application for visa was made by you in time and it has been rejected by embassy for no fault of yours 
Ajay Sethi
Advocate, Mumbai
23296 Answers
1220 Consultations
5.0 on 5.0
1) refuse to pay the fine . mentions reasons for your refusal to pay fine 

2) you cannot be held responsible if your visa is rejected

3) resign from the company 

4) let company sue you to recover the fine amount 
Ajay Sethi
Advocate, Mumbai
23296 Answers
1220 Consultations
5.0 on 5.0
You refuse to pay the fine to the company as the visa application has not been processed by the embassy even though you had applied well in advance. If the company terminates you as a consequence thereof then you may challenge it in the competent court. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Granting of visa or rejection is not in your control neither you are responsible for it.
Instead of writing to the Poland Embassy alone,. you could have communicated this problem to your company too. 
You keep them posted about the developments in this regard.
You cannot be held responsible for this  debacle which is beyond your ability. 
You can inform your company in writing about this visa problem and your inability to travel without visa being granted by Poland for no fault of yours, 
You can politely inform your company that you canot be held liable for this payment as demanded by them for which you are not responsible hence you refuse the deny the payments demanded by them.
Legally this cannot be enforceable because the company has to arrange for yor visa since you are travelling on official duty and not a private visit. 
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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so what recourse do i take now as my comapany is about to ask me to pay fine within a fortnight

Since you cannot be held responsible for this non-grant of visa as this is beyond yor capacity, you may inform the company that you are always willing ready to travel to Poland on official visit provided the company arranges visa for you, this message should be in writing so that this becomes an evidence from your side to fight the legal battle that may emerge at a later date due to this.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0

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