International employment International employment

6 months ago

If an Indian employee who is posted in Africa as an employee is on leave to India and is working from home and he needs to be paid salary for that month how can we pay his salary. can we show him as a consultant during this period with out resignation from his employee status? Can his salary be paid to him in INR or it has to be USD? what are the legal and tax mandates to be followed in this case?
thanks and regards

Legal Counsel Vidhikarya

Responded 6 months ago

View All Answers
A.Dear Client,
Temporary placement of a permanent employee other than his permanent place of posting does not change his status or position of employment which is contrary to the interest of the employee so far as the terms of employment are concerned. You need to pay the salary following the terms of employment which is normally followed when the employee is posted abroad preferably considering the convenience of both employee and employer. There are no hard and fast rules for the disbursement of salary for his temporary placement other than his permanent place of posting that even does not have a major implication of tax on his annual income which is deducted at the source by the employer.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 6 months ago

View All Answers
A.Dear
Converting an employee to a consultant without a formal resignation may have legal and tax implications and the currency for payment depends on the terms of the employment contract, the location of the company's payroll processing and ensuring compliance with both Indian and African tax regulations regarding salary payments, especially when an employee is working remotely from India
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconCan company enforce non-poaching in case of severance
Dear Client, To ensure benefit, from an employer's perspective, in lateral hiring amongst competitors, non-poaching clauses are often added to agreements. Non-poaching agreements are contracts entered...
question iconFamily pension eligibility
Dear Client, According to sub-rule 6(iii) of Rule 54 of the CCS(Pension) Rules, 1972, and the circular dated 29/04/2011 of the Department of Pension and Pensioner's Welfare, GOI, the family pension...
question iconEpfo entry for dual company
Dear Client, When your EPF record shows an anomaly in the joining date in both the A & B Company, then until and unless the concerned employers rectify that anomaly, PF records will show dual employm...
question iconMental harrasment by Branch head on matter of leave
Dear Client, It was your mistake to appreciate the remarks of the leave-approving authority before going on leave which makes you liable to face disciplinary action for unauthorised absence now. You c...
question iconOfficer is not Verifying My payment
Dear Client, In the given scenario, If the action of the management appears to you arbitrary, unethical, and contrary to the terms of your employment, then serving a legal notice to the Company you ca...