I was working in African country, my work contract was over and my employer was delaying its renewal, so I had to make excuse and return back to country taking medical leave for one month. After my leave was over, he wanted me to wait for work contract as he has still not started its process and even did not pay for my leaves, so I give a resignation. Now he is further delaying with any clear answer to give me relieving letter, experience letter and salary for my paid leaves. Please guide.
From India, Ahmedabad
From India, Ahmedabad
When the contract is not renewed on the expiry of the period mentioned in it, it means the contract was already over. I don't think any formal relief is essential. So, no question of any resignation or leave will arise when the contractual relationship was already over with the expiry of the contract. At best you can ask him any unpaid money due to him and take legal action, if he fails.
From India, Salem
6018From India, Salem
Thanks for your advice Mr. Umakanthan.M,
My contract got over in July, I had work permit so I had to worked with my employer till October, then I took medical leaves in November because he did not renew my contract and my work permit also got over. He informed me that contract will not get renewed till December because of some change in immigration laws and did not pay me salary for November. So i resign in December as there is uncertainty. Now in February he is giving me relieving letter dated 31st October so that he does not have to give me salary of November which was my approved paid leave. Also he just gave me one month paid leave salary in 3 years of service. Sir, please guide.
From India, Ahmedabad
My contract got over in July, I had work permit so I had to worked with my employer till October, then I took medical leaves in November because he did not renew my contract and my work permit also got over. He informed me that contract will not get renewed till December because of some change in immigration laws and did not pay me salary for November. So i resign in December as there is uncertainty. Now in February he is giving me relieving letter dated 31st October so that he does not have to give me salary of November which was my approved paid leave. Also he just gave me one month paid leave salary in 3 years of service. Sir, please guide.
From India, Ahmedabad
Further my employer has a track record of harrassing Indian overseas employees.
From India, Ahmedabad
From India, Ahmedabad
First try to get the relieving/ experience letter from your employer so that you can apply for other companies and start your new job. As far as taking action against your previous employer, it is easier said than done as most of the employers do not even bother to reply to the notice[s] nor follow the rules, strictly. Moreover it may even prove to be detrimental to you if the employment is not as per the immigration rules of the country. I know the article may not convince you at this moment but think practical and try to move on with your life without getting dragged into avoidable issues. If you have the offer letter it may be helpful though nothing like getting the relieving letter. Try not to take anything in haste as it may not be worth your time and money.
From India, Hyderabad
From India, Hyderabad
My dear Rohit,
I concur with the observations of Aks17. In overseas employment, you should be thorough with the employment laws of the host country. Particularly, in certain countries Government enforcement agencies wantonly neglect even listening the problems of foreign workers due to certain prejudices of their own. The employers also take advantage of this and continue their harassment unabated. I am not sure how far the Indian Embassies in such countries come to the rescue of such affected Indian workers abroad.
From India, Salem
I concur with the observations of Aks17. In overseas employment, you should be thorough with the employment laws of the host country. Particularly, in certain countries Government enforcement agencies wantonly neglect even listening the problems of foreign workers due to certain prejudices of their own. The employers also take advantage of this and continue their harassment unabated. I am not sure how far the Indian Embassies in such countries come to the rescue of such affected Indian workers abroad.
From India, Salem
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Overseas Indian HANDBOOK.pdf
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