If the commitment letter violates the legal rights of workers, the visa can be refused. A letter of commitment is actually a type of contract, and of course it has legal effect. However, a valid letter of commitment must meet the following three conditions at the same time:

1. It is a reflection of the true wishes of the parties. The content of the commitment letter should be the expression of the parties' true inner intentions and cannot be forced, threatened, induced, deceived, etc.

2. There is no violation of relevant legal provisions; the content of the commitment letter must comply with the provisions of the law and cannot violate the prohibitive provisions of laws or administrative regulations, otherwise the commitment letter may be invalid.

3. No infringement of the interests of others. The promisor can only dispose of things that he has the right to dispose of, and cannot infringe upon the legitimate interests of others.

What are the circumstances under which a promise becomes invalid?

1. It will lose its validity if it encounters one of the following circumstances:

(1) The promise is withdrawn;

(2) Late commitment;

(3) Promise to make changes to the content of the offer and the offeror objects to it, the commitment will become invalid.

Delay in acceptance means that the promise made by the offeree reaches the offeror beyond the acceptance period. A delayed promise does not take effect.

2. There are two situations in which a commitment may be delayed;

(1) The commitment period is exceeded and a delay occurs;

(2) It was made within the acceptance period specified in the offer, but did not reach the offeror in time due to postal and other reasons.

How to calculate severance compensation:

Economic compensation is paid to workers based on the number of years they have worked in the unit, at the rate of one month’s salary for every full year. If the period is more than six months and less than one year, it will be calculated as one year; if it is less than six months, the economic compensation of half a month's salary will be paid to the worker.

If the employee’s monthly salary is three times higher than the average monthly salary of employees in the region in the previous year announced by the municipality or districted city-level people’s government where the employer is located, the standard of economic compensation paid to the employee shall be based on the average monthly salary of employees. The employee shall be paid three times the salary, and the maximum number of years for which financial compensation shall be paid shall not exceed twelve years. The so-called monthly salary refers to the average salary of the employee in the twelve months before the labor contract is terminated or terminated.

When the labor contract is terminated or terminated and the employer pays economic compensation in accordance with the law, it involves the issue of how to calculate the economic compensation. The common model for calculating financial compensation is: years of service × financial compensation due for each year of work. The Labor Contract Law and relevant national regulations clearly stipulate working years and economic compensation standards.

Legal basis:

"Labor Contract Law"

Article 50

The employer shall when rescinding or terminating the labor contract Issue a certificate of rescission or termination of the labor contract, and handle the file and social insurance relationship transfer procedures for the employee within 15 days. Workers should handle work handover in accordance with the agreement between the parties. If the employer shall pay economic compensation to the employee in accordance with the relevant provisions of this Law, it shall pay it when the work handover is completed. The employer shall keep the text of the labor contract that has been terminated or terminated for at least two years for future reference.