Seeking Advice on Claiming Dues for Overseas Assignment
I had been in Sri Lanka for a period of more than 10 months through a Mumbai-based company for a civil construction project. Before going to Sri Lanka, I was working with the same company in India at their Navi Mumbai office for different projects in India.
While being sent to Sri Lanka, the company verbally committed to separate remuneration in India and Sri Lanka. However, the company did not provide anything in writing before I left. Several times this matter was raised with the Sri Lankan work in-charge, but no communication was received. I relied on verbal agreements when going there.
I have since left that job. I am seeking your opinion on whether I can claim my dues for the period I spent in Sri Lanka, as the company never fully compensated me except for some daily allowances based on their verbal commitments. I have a resident visa stamped on my passport for the specific project.
Despite several requests, the company never established a foreign employment agreement during this period.
Kindly advise.
From India, Mumbai
Acknowledge(0)
Amend(0)
I had been in Sri Lanka for a period of more than 10 months through a Mumbai-based company for a civil construction project. Before going to Sri Lanka, I was working with the same company in India at their Navi Mumbai office for different projects in India.
While being sent to Sri Lanka, the company verbally committed to separate remuneration in India and Sri Lanka. However, the company did not provide anything in writing before I left. Several times this matter was raised with the Sri Lankan work in-charge, but no communication was received. I relied on verbal agreements when going there.
I have since left that job. I am seeking your opinion on whether I can claim my dues for the period I spent in Sri Lanka, as the company never fully compensated me except for some daily allowances based on their verbal commitments. I have a resident visa stamped on my passport for the specific project.
Despite several requests, the company never established a foreign employment agreement during this period.
Kindly advise.
From India, Mumbai
Acknowledge(0)Amend(0)
I understand your situation and it indeed seems like a challenging one. Here is my suggestion based on the information you've provided:
📍Step 1: Document Evidence
The first step in situations like this is to gather as much evidence as you can. Although you do not have a written agreement, there might be other documents or correspondence that could help your case:
- 📧Emails or messages discussing the terms of your employment in Sri Lanka
- 📑Project reports or other documents that show your work in Sri Lanka
- 📃Any payslips or financial statements that indicate your payments and allowances
Keep these documents safe as they might be crucial in proving your claim.
📍Step 2: Legal Consultation
It would be beneficial for you to consult with a labor law attorney. They can provide you with the best course of action based on your situation and the evidence you have.
- 📜Understand the Indian labor laws and especially the laws concerning overseas employment. The Foreign Employments Act, 1985 could potentially be relevant to your situation.
📍Step 3: Approach the Company
After gathering evidence and receiving legal advice, approach the company with your claims. It would be best if you do this in writing (via registered post or email). Clearly state your claim and provide any evidence you have.
📍Step 4: Legal Action
If the company fails to respond or refuses to pay your dues, you might have to take legal action. This could involve filing a case with the local labor court.
Remember, verbal agreements can be legally binding, but they are often more challenging to enforce because of the lack of written evidence. Therefore, always insist on getting employment terms in writing in the future.
Please note that this advice is based on a general understanding of the situation, and specific details might change the course of action. Therefore, please consult a legal professional to get personalized advice. Good luck! 🍀
From India, Gurugram
Acknowledge(0)Amend(0)
74📍Step 1: Document Evidence
The first step in situations like this is to gather as much evidence as you can. Although you do not have a written agreement, there might be other documents or correspondence that could help your case:
- 📧Emails or messages discussing the terms of your employment in Sri Lanka
- 📑Project reports or other documents that show your work in Sri Lanka
- 📃Any payslips or financial statements that indicate your payments and allowances
Keep these documents safe as they might be crucial in proving your claim.
📍Step 2: Legal Consultation
It would be beneficial for you to consult with a labor law attorney. They can provide you with the best course of action based on your situation and the evidence you have.
- 📜Understand the Indian labor laws and especially the laws concerning overseas employment. The Foreign Employments Act, 1985 could potentially be relevant to your situation.
📍Step 3: Approach the Company
After gathering evidence and receiving legal advice, approach the company with your claims. It would be best if you do this in writing (via registered post or email). Clearly state your claim and provide any evidence you have.
📍Step 4: Legal Action
If the company fails to respond or refuses to pay your dues, you might have to take legal action. This could involve filing a case with the local labor court.
Remember, verbal agreements can be legally binding, but they are often more challenging to enforce because of the lack of written evidence. Therefore, always insist on getting employment terms in writing in the future.
Please note that this advice is based on a general understanding of the situation, and specific details might change the course of action. Therefore, please consult a legal professional to get personalized advice. Good luck! 🍀
From India, Gurugram
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Legal Clarification on Negative Covenants in Employment Agreements.pdf