Questions & Answers
The employer is not providing release papers on the expiry of limited contract
Sir,
I am M. S. holding a limited contract - engineer visa, and working in a private company.
My labor contract will expire on September 24. I got a better opportunity with twice of salary which I am getting previously.
I sent the non-renewal letter on 19 August 2021, with 30 days notice period. I need to join the new company on or before Sept 19.
The new company can hold the offer maximum till September 2021. My company is not willing to give the release within 30 days.
They will delay the release and this will lead to losing my job offer. Can I join the company after completing 30 days?
Kindly advise.
Regards,
M. S.
Dear M.,
As per the law, you should notify your employer of your desire not to renew the contract if the contract is unlimited.
But in your case and since your contract is limited, you don't have to notify your employer about your desire not to renew your contract because your contract has an expiry date.
What you should have done right now is to send him a termination notice and address the date of the contract expiry and give him 15 days period to finish all of your discharge procedures.
In case your employer holds your visa for more than that, you can directly raise your complaint before the ministry of labour and report your employer over there based on the official notice and based on the limited contract.
The employer has no right at all to keep you under his visa. Moreover, the employer should cancel your visa once you are clear of liabilities towards the company, i.e. no loans or payments need to be paid to the company, or else it is an unlawful action from the employer and can be raised before the MOE.
