u/AightMeraki

Problem/Goal: Hello. I’m seeking legal perspective or advice on a situation involving a group who were deployed by our company to work on an international project.

Context:

  • Deployment: We were sent to a different country to support the business. Our business visas were valid for one year, but with a strict condition: we could only stay for a maximum of 180 days per entry before needing to exit and re-enter.
  • The Negligence: As we approached the 180-day limit, we repeatedly reminded our leadership/HR that we needed to exit the country to reset our stay. They assured us multiple times that they were "handling it."
  • The Incident: When we finally attempted to fly back to the Philippines, we were offloaded by immigration and flagged for overstaying. It turns out the company never filed the necessary extensions or arranged the required travel.
  • The Contract Issue: We currently do not have a specific signed contract for this international project. We requested one multiple times before leaving, but were never provided with a copy. We proceeded with the deployment based on verbal agreements and the financial incentive. We have invitation letters and email trails about this.

Our Questions:

  1. Blacklisting/Records: Since we were flagged for overstaying (Stamped "Cancelled" on our passport), what is the probability that we are now blacklisted from that country? Will this "overstay" record affect our ability to get visas for other countries (e.g., US, Europe, Japan) in the future?
  2. Liability: Can the company be held legally liable for the administrative and legal consequences of our overstaying, given that we have proof of reminding them?
  3. Evidence: Since we lack a formal project contract, what other documents can we use to build a case? We have flight tickets, emails/chats reminding them of the visa limits, and our pay stubs.
  4. Employment Status: If we file a case or refuse to go back (if somehow cleared), can the company terminate us for "abandonment" or "disobedience," even though they put us in legal jeopardy?
  5. Financial Liability: What would be the best course of action that we can take in order for us to still receive the promised allowance/per diem that we were supposed to receive once we get back.

Any advice on the probability of this going in our favor or the best next steps to take with the NLRC or a private lawyer would be greatly appreciated.

Previous Attempts: NA

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u/AightMeraki — 11 days ago