I need your legal advice. One of my friends (Filipino national) started working in a salon in the month of June 2019. Her residency to salon was transferred at the time of joining.
After two and half months on 9th of August they terminated her, saying she is not meeting work requirement etc within the probationary period. At the time of termination, they asked her to sign a paper which she signed but she has taken photo copy of that paper which they asked her to sign.
After a few days, HR department of the company also called her to come to sign another paper of termination, which she did also and got copy of that paper as well. She worked for 9 days in August and they told her she could get her money as soon she transfers her visa to new company.
The current situation is that she has still not been able to find a new job. Recently the HR manager of the salon texted her asking her to transfer her visa by 29th of August otherwise they will be forced to put a case of absconding on her.
She texted them back and asked them to give her some more time to find a new job; so far she is sitting at home without any job. Need your advice on what she has to do in this situation.
Answer: We advise that your friend write to the company officially (not by text) and pleading with them to give you more time to land a job and transfer your visa to the new company. Let the company know that the 20 days given to your friend to find a job and transfer her visa is not enough to accomplish that. As for the threat to report your friend for absconding, we do not think that the company stands on enough sound legal grounds to embark on such a mission. Tell your friend to make sure that she keeps intact the termination letter as well as the text message threatening to report her for absconding. These two items will be very valuable in exposing your employers if they go ahead to report your friend for absconding or in case you want to file a case against the company for not giving you enough time to look for a new job and transfer your residence.
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