unfair termination

My husband has just been asked to either accept a 2/3 pay cut or quit. He chose to quit. He worked for this company without a visa for three months. And his total employment period is now just under 5 months. His company is refusing to pay the 30 day salary in lieu of one month's notice citing that for 3 out of the five months, he had worked illegally. Saying that the three months before the work visa came, it's not counted towards the probation period.They are now threatening to report him to immigration.

1) What will be the consequence if he is reported for working illegally during the three months waiting for the visa?

2) Is he entitled not to pay up the 30 day salary in lieu of notice?

I would think the company is more liable for employing someone without a Visa, but not sure. Sounds like a bunch of jerks at this company, you should do what you can to make sure they feel the full brunt of the law...

Both parties will be in trouble for engaging in an employer/employee relationship with no valid employment visa. Sounds pretty tough but not uncommon from what I hear. What he is or isn't entitled to will be as per his employment contract (assuming of course thee was one). I think that if he acts against the terms of the contract he is liable, but in this case the situation is strange at best. I think he should be talking to a legal eagle to get direct advice. Good luck.

To Spockey,


Residence Permit for work (work visa) can be obtained ONLY with the help of the sponsoring company.


As you know, it is quite complicated. The company shall show the business license to both the Labor Bureau and PSB. So if the company reported your husband, they would be in trouble, TOO.


By the way, did your husband sign a contract with the company? As far as I know, salary article is an important one in the labor contract. During the valid period, only with mutual agreement can the important articles be changed.(??)


The company should pay the very month salary. It's only an excuse since from the first beginning they want to pay less.


In short, don't be frigntened. First ask some lawyer friend. Then...


By the way, with a F visa, you can do followings:

"a visit, an investigation, a lecture, to do business, scientific-technological and culture exchanges, short-term advanced studies or internship"

You can say your husband is on an investigation, or simply internship during the first 3 months.

Thanks Beijingleeo. That's sounds reasonable. He did sign a contract with the company before he started.

Ah, ok. Thanks.