Arun T R (Dy Manager) 22 August 2012

Company not responding regarding status of visa

Dear All,

I got an offer in Abudabi based company where the joining date was mutually agreed based on the assurance from the recruitment executive that my visa will be provided within 10 days. Further, As per the agreement I was supposed to resign from my previous employer within 7 days of the acceptance of the offer. I have resigned from my previous employer and Its been already 3 months and I haven't yet recieved my visa.

I tried contacting the company and at the beginning days after the deadline for my joining, The response was like I will be known the fedback in a day or two, The same response was given for a month and Now no one is attending my call. The Recruitment Executve is not attending my call whe i call on his mobile, and the company's land line is going on answering maching whenver I call the same.

I tried contacting the corporate office and they are just saying Only the other office which I tried calling and couldnt get any response is solely responsible for all the recruitment related works and we are not at all responsible for the same.

I need to file file a complaint against the company for forcing me to resign , and now I am not beign employed for past 3 months, and for the illegal behaviour of not responding to my phone calls as well as emails.

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3 Replies

Kumar Doab (FIN) 23 August 2012

You have posted that:

‘Further, As per the agreement I was supposed to resign from my previous employer within 7 days of the acceptance of the offer.”

This implies there was an agreement. Is this agreement in writing?

If yes you may show this agreement and emails to your lawyer experienced in such matters and your lawyer can evaluate the merits and may issue a legal notice to recruitment executive and company, based on the agreement and inputs given by you in person. You may prepare the list of telephone calls made by you and telescriptt of the calls/minutes of discussion. You may retain the bills of phone calls.

Is this recruitment executive/agency a registered company? It should be as foreign principles usually do not tie up with unregistered entities.

The litigation may take its own time.

In the meantime request the past employer and this employer may absorb you without any break in service or find another job.

Arun T R (Dy Manager) 24 August 2012

Dear Mr. Kumar Doab,

Thank you very much for your advice !

The agreement I mentioned was sent along with the job offer letter which I had signed and sent it back as the token of acceptance. I have also segregated all the communications done to the company via E mails and the list of telephone calls too.

The company has a very diverse business sector across the Middle East and I got the job through the walk-in Interview conducted in India. So all processes were done through a proper channel. It was really surprising to know companies who are playing a dominant role in the industry being acting so cheap !

Thanks & Regards

Arun T R

Kumar Doab (FIN) 24 August 2012

You have posted that:

“I got the job through the walk-in Interview conducted in India. So all processes were done through a proper channel.” Do you have the copy of interview call letter? Were there any personnel of the company in interviewing committee? Did the company mention in any of the communications that their recruitment executive in India M/s……….Mr……….shall be doing the needful? If yes you may have a better chance. You may show the advertisement for the job, interview call letter, and write down the names of faculty which conducted the interviews, offer letter, agreement etc to a competent and experienced lawyer and give inputs in person.

Let your lawyer evaluate the merits and your lawyer may point out that the company can be pulled to Indian courts. In the meantime try and generate information on names and addresses of promoter’s/ owners of the company and their email id’s. Escalate your grievance to good offices of MD, CEO, Chairman, Company Secretary of this company even if by email and they may provide you some relief which may be a job or compensation. It shall be appropriate to let your lawyer structure and draft your representations. It is felt that you may prefer to get compensation than job as you have complained to company and posting shall be in foreign lands thousand of miles away from your country and hometown.

You may proceed as deemed fit.