You have posted that:
>>> “ Salary was processed by their Dubai office in Diramhs and paid to me in INR after conversion. This was for the initial 17 days of my time in India” “I was only paid (my Dubai Salary equiv. in India)” “when I was in Dubai, they did not pay me my monthly salary. Whenever I approached them, I was only given empty assurances and there was no action.”
This gives an impression that 17 days salary was paid only to allure you to leave India and be at their mercy in Dubai. And in reality too, you were never paid earned wages.
The employer also failed to provide advance! Did it promise to pay advance in writing?
As per Dubai laws it might be an offence!
>>> “I had send my resignation on an email clearly stating my willingness to serve the required notice period. Management accepted the resignation on email but in their response they were completely silent about the notice period waiver.”
You had tendered full notice period. Only you can grant a waiver. Management can’t grant any waiver. It can offer to compensate with notice pay for shortfall in notice period mutually agreed upon and as stated in appointment letter.
Indian law is clear on that e.g:
Supreme Court of India
Nand Keshwar Prasad vs Indian Farmers Fertilizers
https://www.indiankanoon.org/doc/1452145/?type=print
11. After giving our careful consideration to the facts and circumstances of the case, it appears to us that the law is well settled by this Court in a number of decisions that unless controlled by condition of service or the statutory provisions, the retirement mentioned in the letter of resignation must take effect from the date mentioned therein and such date cannot be advanced by accepting the resignation from an earlier date when the employee concerned did not intend to retire from such earlier date. It has also been held by this Court that it is open to the employee concerned to withdraw letter of resignation before the same becomes effective.
IN another publication from Gulf it is posted that:
“The notice period stipulated under Labour Law shall not be shortened, but can be extended by mutual agreement. As per the labour law, the condition of notice is always required and legally binding on both the employer and employee.
Thus, if any party fails to commit to such notice condition, if he does not notify the other with ending the contract or if he does not complete the notice period, then the violator party shall compensate the other as per the Article No 49 of the Labour Law.
Accordingly if the contract is terminated without observing the notice period, the party terminating the contract shall be obligated to compensate the other party for an amount equivalent to the wage for the notice period or the remaining part thereof.’
https://www.gulf-times.com/opinion/189/details/343109/verbal-termination-is-illegal
By Nizar Kochery /Doha
>>> “Yes I have the emails from my manager and the senior management of the company confirming and assuring me that the payment will be made soon.”
This amounts to admission of debt.
“ On the FNF the company is asking me to pay them for the visa cost, for cost of my training and onboarding me. This is after 4 months of my leaving the company and for the first time they demanded money in the entire communication cycle “
This speaks about malafide intentions!
The employee had not alternative but to give up since his earned wages were not being paid although he has been clamoring for it in an alien land where he was allured but was not paid wages; a fruit of his labor.
The employer is unworthy of being employed with.
Had the employer genuine intentions it would have paid some amounts and declined to accept resignation too! The employer has no reason to claim the VISA fee, training whatsoever etc etc………………and rather is liable to pay damages!
The demand seems to be a later thought to square off your dues and thus usurp the amounts that is due to be paid.
>>> This is heartfelt opinion.
You may check with an attorney practicing labor law, and criminal law in Dubai too.
You may check with a lawyer/law firm practicing labor law, and criminal law in India too, and scope and merits of including Indian arm too..
Apparently you seem to have merits and good case.
You may show the job advt., job application, interview call letter, selection letter, offer letter, joining report in India, appointment letter, service rules and regulations, HR policy, al communications, all docs on record etc to your lawyer and spend quality time with your lawyer to understand the merits and proceed under expert advice of your lawyer. The attorneys in Dubai might be having office in India or vice versa and you can make an attempt to contact these.
