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Recovering visa costs from an employee upon resignation

Hi,

One of my employees, who has been with us for the past 2 years and 4 months, decided to resign.

The thing is we have just renewed her visa and it has only been 4 months. I know we cannot legally ask her to recover the visa cost, but is there a way we can make up for that loss?

Hussain Lootah & Associates
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17 Nov 2021, 12:40

Dear questioner,

You have not mentioned the nature of the employment contract. If it is a limited contract, you are legally entitled to receive compensation equal to 45 days gross salary from your employee.

Apart from this, if the employee is not serving the required notice period mentioned in the employment contract, you may claim compensation in lieu of the notice period.

Other than the above, you are not legally entitled to receive any other compensation. In fact, it is illegal to ask your employee to return the cost associated with her visa or medical insurance.

Regards,

Rajasree Ravivarma

17 Nov 2021, 12:47

Dear Rajasree,

Apologies for the incomplete question!

The contract that we have is unlimited.

So I guess, nothing applies to it.

Is it possible to ask him/her to extend the notice period?

As of now, he/she has given 1 month notice period.

Many thanks for your advice!

Best regards,

Renjith Mukundan

17 Nov 2021, 12:52

You may extend the notice period as per your mutual decision.

The employee has the right to serve the stipulated notice period and end her services to your company.

17 Nov 2021, 14:29

Thank you Rajasree.

Much appreciated!

17 Nov 2021, 15:47

You are welcome!

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