Legal Question in Employment Law in India

Respected Sir / Madam

I am an Indian by nationality & I was hired on a 2yr contract to work in Egypt as HR Manager w.e.f 7.1.08. I was shortlisted through a local consultant & my interview was done in Bangalore by the Managing Director(owner) in one of his sister concern in Bangalore(Managing Director is an Indian NRI(Non Resident Indian) settled in Sri lanka).

From the very first month salaries were not paid on time and only a nominal amount was paid as advance. Seeing the situation I resigned in Nove 08 thinking to serve 1 month as notice period & come out by Dec 08. Then the management negotiated with me & cleared all my dues upto October08 and told me to continue in my service.The amount was directly credited to Indian a/c.

In the month of April 09since there was no funds to pay workers to avoid any further untoward incidents company was closed abruptly and the expatriate staff members were asked to stay saying the company will be reopening once the funds are received from head office.

This went upto May09 and in June 09 the CEO of the company said since they don�t have funds they will sell the company and clear our dues till date. Then the process of selling the company was started.

In Aug09 CEO says the plan to sell dint materialise & he will restart the company. He told us that he would not engage us for work & we all would be sent back by the end of the month and our salaries will be cleared till April 09 only. Our salaries are not paid since Nov08 and we are jobless since April. If the company had told this before we would have found job somewhere else by going back in India.

Now its October & still nothing is paid, not till april also. We are waiting still in Egypt without job & money.

As per the contract �

1) My Visa to be done on company expense which they have not done & I am an illegal resident

2) My tax liabilities should also be paid by the company which they have not paid

3)One month notice should be served by either party before terminating job which has not been observed.

Since they have not given any notice of termination doesn�t it makes me eligible to claim my rights including salary till date. On the other hand they owe me my salary dues for many months. I am still in company provided accommodation but struggling to meet the day to day needs including food expenses since 6 months. Every month an amount of 50USD$ � 75USD$ is given as advance (which would be deducted from my dues later) to meet food expenses but hardly sufficient. We have been borrowing & begging money from friends to survive.

I requested to provide atleast Airticket to go back but that also has not been done.

I have been continuously writing mails to MD but there is no reply. He is an Indian but settled in Sri Lanka.

I keep following with the CEO(relative of MD) who is managing the business in Egypt, everytime he commits a date & never honours. I have even given a written complaint at Indian Embassy in Egypt also.

CAN I GO BACK TO INDIA & FILE CASE(few of my friends say since the offer letter is issued in Egypt COMPANY LETTER HEAD I cannot file case in my country but have to file in Egypt only)

Pls. advise & help.

Regards

Vivek M J

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