anir1111
Hi,

Sorry for re-post, posted in wrong forum earlier.

Background: I am working as a senior software engineer in a bangalore based IT company of strength 1000 employees.
I agreed to travel Africa for a period of 2 months usiness Visa and traveled in feb. This was 8 months ago. Now my company is not ready to get me back. They make me travel to neighboring country and get back in 1 day when my visa term expires (every 2 months). Immigration department here has caught me twice (as i am not allowed to work here and I am here since 8 months) and i bribe them and get away. As I have no option to come out of this trap I resigned.

I have signed 2 months of notice period with the company (as per my appointment letter). This was never revised, nor had any communication with respect to change in it. Now after 50 days of notice, when i asked my company to provide me my relieving date, they are telling me as I am deputed abroad on an assignment, I need to serve 3 months. This 3 months is not in my contract or anywhere in company policies.

Can I walk off after my notice period is over? and what can I do to get my salary, pf, reliving letter? Any help is appreciated.

Anir

From Tanzania
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anir1111
Thanks for reply.
Yes me on official trip. I came to africa in Feb and deployed here at a client place. I am still in Africa. My trip to neighboring African country (just to get visa renewed) are not official as i just go there stay for a day and re enter. But my company calls them as official.

From Tanzania
jkct15
183

Do u have a copy of the agreement which say 2 months deputation and or any hidden clause in that. pls check and revert
Also check terms and conditions of ur appointment letter. See whether any conditions pretaining mutual concern of employment


anir1111
Thanks, I checked it, There is a clause which HR made me aware today, that makes me liable when i m deployed at overseas assignment. The clause says i cant terminate contract while on overseas assignment or 3 months after my return. So i guess I cant do anything about it.
Now situation is: I have traveled on business visa, which prohibits me to work and allows in the country only for maximum for 2 months for business (meetings/presentations etc). My company is making me work here and its been 8 months. n gets me out to neighboring country and back to renew the visa. Problem is, I cannot terminate the contract while at overseas (as per contract) and would be made to live here forever if i do not terminate the contract. Also staying here and working is not legal and i can be in trouble here for continuing this way if caught by immigration. Already faced it twice but got away bribing them.
Can I do something legally to get out of this country?
Thanks in advance!

From Tanzania
jkct15
183

What u doing is illegal. If that particular govt knows this u will be in trouble.
Better inform ur management that u r interested and u wan to come to ur hometown. If they not in par with you. Wait for the next turn to renew. In that time block ur tickets to ur home town and come down and intimate ur management about ur return
If again u renews it in the nest tenure u got to be there for 3 more months. Do it properly and in a right way to get rid of it.
Better try with a legal consultant before u do anything to be on a safer end.
HR will not do anything against you if you follow legal norms and HR is there to help employees and not to put you in trouble.


anir1111
Thank You!!
Had a call with HR+Management. Informed them I want to come back asap as i cant be involved in this illegal activity any more and same is reason for my resignation.
They say, they would consider my resignation (sent 40 days back) into consideration and will relieve me from the company and country when 3 months of notice are complete. But for that I will have to renew my visa in the same way for 1 more time as it is expiring in 1 month and scaring me with the contract clause which says "i cant terminate the contract while overseas and can legally resign only 3 after i am back" and then serve notice to get relieved. So the option they are giving is a consideration for my concern.
This is definitely ethically wrong. But are they legal enough with this?

From Tanzania
Rahul Chhabra
152

@ Anir,
If u think that u are in deep trouble and there is no way to get out of Africa.
As a last resort, u can approach the Indian Embassy in the country you are in, currently.
Still, Keep it as a Last Resort.
Regards,
Rahul Chhabra

From India, Delhi
saswatabanerjee
2357

Hi
The contract with the company can not make u do illegal acts. It's a voilation of contract law and I think is also unfit labour practice.

Legally u have the right to walk out of there without notice, specially since your company is aware of illegality. Courts will support you.

However as we are all aware, courts means a long drawn process. Amicably settling with your company is more sensible if possible.

Since you have already been caught twice, it's dangerous to do it again. You may get jailed for a long time. I don't think they have a legal system which will free you quickly and your company may just wash their hands off. In such a case perhaps you simply need to book your tickets and return to india accepting you may need to fight long to get your dues.

Btw, there is a department of central government that is taking action against wrong overseas employment practices of Indian companies and your complain may actuall result in ban on your company from future overseas contracts. That may be a negotiation leverage but I would suggest you use that after you return.

From India, Mumbai
akiigops
I would like to know if its in the laws of an organization a bpo to retain an employee's original marksheets in case the employee has not signed a bond and has quit with out putting papers due to severe health issues
From India, Madras
Cite Contribution
1856

Dear Anir,
In which country are you placed? I know a senior heading a Software Firm in Nigeria. I have messaged you his email id, do consider contacting him. He have been very good in guiding us. He would be able to share better information on immigration to Africa than me.
Regards,
(Cite Contribution)

From India, Mumbai

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