Questions & Answers
An employer refuses to issue the cancellation papers due to incomplete handover
Dear Sir/Mam,
After serving my 30 days notice in which I had sent multiple emails to the management for the handover and cancellation, I received the first reply from the management on the last day of the notice stating that I need to extend and the visa will be cancelled only if a satisfactory handover is done.
I filed a labour complaint on 16th Feb and got a call from labour on 21st Feb stating that my visa cancellation and settlement will be done by 28th Feb as per the management and the labour complaint was closed.
ON the 24th when I called the company if I need to come to sign the cancellation documents, they informed me that they won't cancel my visa as my handover was not complete!
I have filed a complaint again.
Can handover be the basis of the non-cancellation as I had served my 30 days notice period and whose responsibility is in regards to handover, employee or employer?
Can the legal advisor force the company to cancel my visa or is it mandatory to be transferred to the labour court?
Dear Sir/Mam,
After the 30 days, notice is served, the company is not permitted to link visa cancelation to proper handover.
If the company believes the handover isn't complete, they should register an official complaint and state what you fail to handover.
In light of the above, handover cannot be the basis of the non-cancellation.
The handover is the employee's responsibility and it should be subject to proof of what the employee possesses and required to handover to the employer.
A legal advisor can not force the company nor anyone. It is mandatory to have your complaint transferred to the labor court.
Dear Questioner,
Please be informed that your company has no right to extend your resignation more than 30 days based on the labor law. They are defying the law apparently.
What we can advise you is to transfer your case to the court due to the fact that your company will keep stalling and wasting your time for nothing only to harm you.
Please feel free to contact us via phone or email to assist you if you would like to approach our legal services.
Thanks!
