Sir ji, wonderful and classic response ! I am really thrilled to go through your exhaustive reply, that too, in a very simple language and words. Many many thanks.
I am a new member of CiteHR, joined only a couple of months ago, and occasionally we get opportunity to read such posts, which are worth remembering forever, considering the value of information/knowledge, stored in it.
My heartfelt special thanks to CiteHR also, who have offered us this platform, to share our views, and because of CiteHR, readers like me, can get an opportunity to get associated to many knowledgeable, respectable, and high designated personalities.
I am sure, other readers, too, must have found your post, very interesting and useful, especially to know the applicability of rules to jobs outside India.
In the first line itself, where you have introduced yourself, I understood that further readings will be the intellectual lecture. And Sir, it is really a great pleasure, to read each and every line, written in this post, since it is justified with excellent practical true examples.
We can make use of such post, not only to keep the same in our memory by updating knowledge, but also to spread such information to all the concerned people around us, collegues, relations, neighbours etc. who make plans for jobs abroad.
Coming back to subject, with due respect to you, don’t you personally feel that Indian company, who have appointed an employee, and send him abroad for some work, when he desirous of RESIGNING over there, has something to follow from Indian appointment letter !! Or, still the answer is big NO.
Hope, I am not making you annoyed. Since my inner conscious, and inquisitiveness, is not allowing me keep quiet, my querry is repeated. Please excuse me….
From India, Mumbai
70I am a new member of CiteHR, joined only a couple of months ago, and occasionally we get opportunity to read such posts, which are worth remembering forever, considering the value of information/knowledge, stored in it.
My heartfelt special thanks to CiteHR also, who have offered us this platform, to share our views, and because of CiteHR, readers like me, can get an opportunity to get associated to many knowledgeable, respectable, and high designated personalities.
I am sure, other readers, too, must have found your post, very interesting and useful, especially to know the applicability of rules to jobs outside India.
In the first line itself, where you have introduced yourself, I understood that further readings will be the intellectual lecture. And Sir, it is really a great pleasure, to read each and every line, written in this post, since it is justified with excellent practical true examples.
We can make use of such post, not only to keep the same in our memory by updating knowledge, but also to spread such information to all the concerned people around us, collegues, relations, neighbours etc. who make plans for jobs abroad.
Coming back to subject, with due respect to you, don’t you personally feel that Indian company, who have appointed an employee, and send him abroad for some work, when he desirous of RESIGNING over there, has something to follow from Indian appointment letter !! Or, still the answer is big NO.
Hope, I am not making you annoyed. Since my inner conscious, and inquisitiveness, is not allowing me keep quiet, my querry is repeated. Please excuse me….
From India, Mumbai
Abhay,
I understand what you are stating. One needs to understand the terms of the Visa on which the person is working. In case a person has been sent on a Business Visa, then the law of country from where he has gone will apply. But, once a work permit is issued the employee becomes a resident of the country of posting and hence the local laws apply.
For example, you have a customer in the United States. He has some issues and you have to visit US to resolve it. The US consulate will issue you with a B 1 visa. This is basically a Business Visitor Visa. Under this Visa, you are allowed to do all duties, but cannot do any activity which is considered as employment. And during your trip, you resign from the job. Then Indian terms and conditions apply because you are not a resident of United States and you are legally employed by your Indian company.
But, instead, you are working in India and there is a project to be completed in the United states with a client. You have to be based in the United states to complete the project and cannot do it from India, similar to most IT professionals. You will be issued a H Visa and the sub category of the Visa such as H1B or H2A or H2B will define your profile. Once you obtain this Visa, you automatically become a resident of the US. Despite the fact that you are employed with an Indian company, the laws of United States will supersede the terms of your appointment. This is where most companies falter and misconstrue that the terms of the Indian company are applicable and in the process, get prosecuted. In fact there are many case histories of IT companies where they have been penalised hugely for this violation.
There is also one more sub category in the H Visa, which is the H 3 Visa. In this category, say, you are being sent by your company to the United States for some training for certain skill sets with either your vendor or any parent company or any other place, which necessitates you to stay for a period which cannot be considered as a short visit, then H3 Visa is issued. Under this category, the terms of employment of the Indian company will be applicable, since under H3 Visa you are undergoing a training and are not employed in the United States.
There is also a L type of Visa. Under this Visa you are transferred to United states from the payrolls of the Indian company to the payrolls of the US branch or head office or the US unit, then you are resident of US and US laws fully apply.
Just as above, all countries have categories of Visas. So, when an employee is on a work permit, he automatically becomes a resident of that country and from that day, the laws of the country in which he is resident will apply.
Now, from the query of our friend who is based in Australia, it is very clear that he is on a work permit and not on a Business Visa. This means, the laws of Australia apply and it supersedes all terms of employment. But, in case he was on a Business Visa, then the terms of employment letter issued in India would apply, subject to compliance with Indian laws.
I hope this clarifies any doubts you may have.
Regards
From Indonesia, Jakarta
I understand what you are stating. One needs to understand the terms of the Visa on which the person is working. In case a person has been sent on a Business Visa, then the law of country from where he has gone will apply. But, once a work permit is issued the employee becomes a resident of the country of posting and hence the local laws apply.
For example, you have a customer in the United States. He has some issues and you have to visit US to resolve it. The US consulate will issue you with a B 1 visa. This is basically a Business Visitor Visa. Under this Visa, you are allowed to do all duties, but cannot do any activity which is considered as employment. And during your trip, you resign from the job. Then Indian terms and conditions apply because you are not a resident of United States and you are legally employed by your Indian company.
But, instead, you are working in India and there is a project to be completed in the United states with a client. You have to be based in the United states to complete the project and cannot do it from India, similar to most IT professionals. You will be issued a H Visa and the sub category of the Visa such as H1B or H2A or H2B will define your profile. Once you obtain this Visa, you automatically become a resident of the US. Despite the fact that you are employed with an Indian company, the laws of United States will supersede the terms of your appointment. This is where most companies falter and misconstrue that the terms of the Indian company are applicable and in the process, get prosecuted. In fact there are many case histories of IT companies where they have been penalised hugely for this violation.
There is also one more sub category in the H Visa, which is the H 3 Visa. In this category, say, you are being sent by your company to the United States for some training for certain skill sets with either your vendor or any parent company or any other place, which necessitates you to stay for a period which cannot be considered as a short visit, then H3 Visa is issued. Under this category, the terms of employment of the Indian company will be applicable, since under H3 Visa you are undergoing a training and are not employed in the United States.
There is also a L type of Visa. Under this Visa you are transferred to United states from the payrolls of the Indian company to the payrolls of the US branch or head office or the US unit, then you are resident of US and US laws fully apply.
Just as above, all countries have categories of Visas. So, when an employee is on a work permit, he automatically becomes a resident of that country and from that day, the laws of the country in which he is resident will apply.
Now, from the query of our friend who is based in Australia, it is very clear that he is on a work permit and not on a Business Visa. This means, the laws of Australia apply and it supersedes all terms of employment. But, in case he was on a Business Visa, then the terms of employment letter issued in India would apply, subject to compliance with Indian laws.
I hope this clarifies any doubts you may have.
Regards
From Indonesia, Jakarta
You will have to obey the law of host country .Whether Co.is indian or Austrialian you will have to follow Austrellian laws.
From Pakistan, Karachi
From Pakistan, Karachi
I want to write a thesis on "Training in service industry" .Can i collect data by using this forum? regards Sultan Pakisatn
From Pakistan, Karachi
From Pakistan, Karachi
Hi, I came to melbourne on 457 visa but got my 186 visa on my own . Now I a a permanent resident and got a offer in the local company.But my employer is asking me to serve notice period in india .Is is legal for the company to ask the employee to serve notice period in India even when I have an another offer for job in Australia. Please help.
From Philippines, Makati City
From Philippines, Makati City
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