Company rules and uk immigration law
Pankaj
(Querist) 10 February 2012
This query is : Resolved
I recently joined company and at time of interview I have been said I would be send to UK for training for 6 months and for which I have to sign bond of 2 lacs for 2 years.
1. I was made to sign the bond of 2 lac rupee for 2 years on 1st day of my joining. I was told that this is joining bond for my training.
2. I was then granted Tier 2 intercompany transfer visa; for jobs in shortage list and for which my company agreed to pay me minimum salary say £40,000 pa. it included my salary in INR and allowances (accommodation, per diem and clothing) in GBP.
3. I was asked to sign another bond of 5 lac rupee for 2 years for training in UK. I couldn’t find policy on company’s intranet for joining bond which I had already signed at day of joining. However I found policy for abroad training and the bond amount stated in it was3 lacs for 1.5 years. When I questioned my managers about the policy on intranet then I was told that “there are different set of policies for different team and policy for our team is not on company’s intranet”. I was also told that “there would be no negotiations on bond value or duration”. As I had already signed the joining bond I have no choice so signed the bond for 5 lacs aswell. I was asked to get sign of guarantor (my parents) for this bond but I denied to get any guarantor and stroked out guarantor name from bond paper.
4. In UK I was not given training of any kind and was made to work on graduate level job. My managers were well aware of the situation as I used to mail them weekly status of duty I am performing in UK.
5. Company had provided me a return ticket before my visa expiry date to fly back to India. My plan was to fly back to India and spend 2 weeks with my family before resuming my work and I had already discussed my leave plan with managers. However due to personal reasons I had to postpone my return ticket and apply for visa extension without consent of my company. My company came to know about my extension and asked me to fly on original date. I couldn’t fly back on original date as my passport was with immigration office and was too late for me to withdraw my application. I told them I have applied for extension and not breaching any immigration laws.
6. As I didn’t fly back on scheduled date my company terminated my employment on grounds of breaching immigration laws and company rules. They are also asking me to honour the bonds worth 7 lacs (2 lac + 5 lac) which I had signed for my training with them. And have also blocked my INR salary for last month.
I didn’t breach any company rules as there is no policy which states that I should not stay in UK for personal reasons. I also did not breached immigration law as I had applied for extension of my visa. I feel it’s my company who had breached:
a. Immigration law by:
• Sending employee to the UK on Tier 2 visa on jobs on shortage list and asking them to work on graduate level work.
• NOT paying agreed salary on time.
• Spending more than 40% of salary on accommodation of their choice - according to UK immigration rules for tier2; company cannot spend more than 40% of employee’s gross salary on an accommodation. I had requested them to change my accommodation but received negative response.
b. Company rules: By forcing me to sign bond for which there is no policy on company’s intranet.
c. Data protection act: As HR team had discussed my salary with my friends/colleagues. I came to know it by my friend which had also appeared for interview with my current company.
I am afraid that company would file false case against me for the bonds which I had signed. I would not like to go back and work with them and I can’t honour my bond as I wasn’t given any training.
I would like company to pay me salary for last month and also notice pay as per my offer letter (which is equivalent to my 2 months salary).
What should I do now?
• Should I report breach of immigration law by my company to UK immigration office?
• Should I file a case against my company to pay me salary, notice and any dues?
• My office and residence are in different states of India, I would not like to travel just for legal purpose. It will also incur me extra cost and time which I would like to avoid. So can I file case in local court of my city or I have to do the same in court where I have my office.
Advocate. Arunagiri
(Expert) 10 February 2012
You have to file a case in Chennai. I can form a final opinion on seeing the documents.
V.Arunagiri
Advocate, Madras High Court.
advocatearunagiri@gmail.com
Pankaj
(Querist) 11 February 2012
Thanks for your reply.
Could you please tell me how much time court would take for final decision from court after filing the case; if I can produce all documents and proof. Will it be fast track or it will take ages to get resolved.
V R SHROFF
(Expert) 11 February 2012
Show your documents to Adv Giri, so he can guide you, abt time duration in Chennai Court.
M/s. Y-not legal services
(Expert) 10 February 2012
