Legal Question in Employment Law in Oman

Dear Sir,

Hello!!!

I am mechanical engineer by profession from India was appointed in Oman by leading company on march 2015 but due to emergency I have to return to India on 28th January 2016. Till then I am in India. My reason of not retuning is my wife helth and I asked company to give me family status. I have been contacted several time by employer to rejoin but due to some unavoidable circumstances six month has been passed, visa got expired. Company has resend me offer letter with family status and other negotiations on 15th august 2016 which I agreed and send back signed on 10 Sep 2016 along with my original degree and other relevant original and xerox documents. I was promised that visa will provided ASAP but its almost 2 months I was getting the reply that your visa is under process and wait till further notification.

I had already left my job in India few months back and waiting for visa without any employment with a family to run. At the time of coming on emergency company has hold my salary of 28 day for the January month too. I was communicated on jul 2016 by HR that you can work from home and will be compensated accordingly, which I had done numerous occasion. I had previously asked so many time with management to kindly release some part of my salary but I got no positive response.

My question is : -

1. I am entitled to ask for the compensation for the delay of visa processing?

2. I am entitled to get my hold January salary of 28 days?

2. During any time if I am willing to not join and want my original documents back will company return it?


Asked on 11/04/16, 2:54 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

04.11.2016

Dear Sir / Madam,

Yes, the Company is liable to pay you salary for the delay in processing your visa to join the Company in Oman, You also remain entitled to be monetarily compensated for the work you have done from home by the Company along with the release of the withheld salary payment of January. The Company remains liable to return back all your original documents and you should ask them either to send you the visa within 15 days or return back your original documents. In my opinion, there is severe recession in the Gulf and it is neither advisable nor recommended to waste your time waiting for the visa. You should look out for another job in India itself.

Regards,

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Answered on 11/04/16, 3:25 am


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