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Cheated by the employer... please help

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Chris
Junior Member
Posts: 91
Joined: Thu Oct 21, 2004 12:14 pm

Cheated by the employer... please help

Post by Chris » Thu Dec 22, 2005 10:15 am

I will keep my story very short.

SOME BACKGROUND
I am on working in UK on workpermit. I am basically deputed to various clients place on various project. Lately company A offered me a position in thier newly formed company, but since they were not eligible to file a WP they got another company B to file the workpermit. Eventually I was a legal employee of company B i.e. I get my salary from company B but practically it was working for company A. I had to sign the contract for both the company A and B and 1 common clause in both the contract was "if I leave the company within a year they will deduct the charge of my visa cost"

After 6 month I was not feeling comfortable with thier way of working, I decided to quit and joined another Big company who got my WP transferred.

THE MAIN POINT
Its been a month I've joined my new company but yet to get my final settlement from my last company.
Company B (my legal employer) has paid my last salary deducting a £700 as visa cost.
Company A has again deducted £800 against my visa cost in my final settlement calculation and still have an outstanding payment of £1500. Company A now says the company B(my legal employer) has got me off thier payroll i.e. I am no more a legal employee of company B, so it is difficult to get me pay my outstanding settlement me legally.

FIRSTLY:
Can someone please tell me
>what is the actual visa cost?
>Is the visa deduction clause is legal?.
I feel I am ripped off by getting the visa deduction twice from both the company A and B. Can someone suggest what should I do?

SECONDLY:
>Should I consult a lawyer because I am on WP and do not want to jeaparadise my future ILR application in anyways.

Please Help!!!!!

Thanks
Chris

Smit
Member of Standing
Posts: 375
Joined: Sun Jun 26, 2005 8:23 pm
Location: London

Post by Smit » Thu Dec 22, 2005 12:13 pm

Chris,

If your employment contract was with Company B, what and why did you sign anything with Company A? If you agreed to them making deductions (by signing contracts with them stating this), then they are entitled to make the deductions (i.e. yes the visa deduction clauses would be legal if you agreed to them by signing the contract).

They should provide you with proof of costs incurred by them e.g. HO fees, immigration consultant fees, advertisements etc which justify their deductions. The fact that you are off Company B's payroll does not mean that you have no legal claim against it for any unlawful/excess deductions.

As far as ILR is concerned, you don't have anything to worry about as long as you meet the WP/ILR rules.

S

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