15
Working without a valid visa
It is the obligation of the employer to renew the
visa. However, some employers force the worker to
continue working even after visa expiry. Courts
were seen to be taking a view that the worker is not
eligible to claim wages for the period they
wereworking without a valid visa. Many employers
also forced the workers to pay the visa/ID card
(issuance as well as renewal) charges. This amount
is sometimes deducted from the salary in
installments.
In many cases, the visa/ID card of the employee
is not renewed if they are not ready to bear the
expenses or the sponsor has fines due to be paid to
the authorities. Hence, the employee whose visa
has expired and has not been paid for months not
only loses this wage but also becomes an
undocumented migrant worker. In the countries of
destination which have implemented the Wage
Protection Scheme (WPS), the workers are
expected to have a relief if the WPS is strictly
monitored and enforced.
There have been instances where the employers have
changed the visa of the worker from one company to
another under his ownership. The workers are under the
mistaken impression that there is no problem as the
owner is the same. As there is a change in the commercial
registration (CR) number of the company, the worker will
not be able to claim the statutory dues from the earlier
company after one year from the date of transfer to the
new CR.
17
No Objection
Certificate for change
of job/sponsor
16
Change of visa to
another company
under the same
employer
It is mandatory in some countries to obtain a no
objection certificate (NOC) from the employer if
one wishes to switch jobs. Demanding huge
amounts and/or not paying back wages in return for
the issuance of the NOC is a very common practice
in some countries.