Are Expatriates in India Protected by the Factory and Industrial Dispute Acts?

Dear friends,

In our company, a number of expatriates (foreign nationals) occasionally visit for training in the factory for new product development. Kindly let me know whether they are covered by the Factory Act and Industrial Dispute Act, or if it is applicable to them.

Are they entitled to relief in terms of Indian labor legislation in case of any casualties during their performance in India?

Regards,
AKS

Dear,

They are not your employees, as I understand from your conversation. They come here to provide training during new product development. You might have hired them as consultants.

The question of benefits arises when you clarify their employment status. If they are your employees and you have included them on the muster roll, then yes, they are entitled to all benefits as per the Factory Act/Industrial Dispute Act.

Regards,
J. S. Malik

Dear Sir,

Thank you for your reply. You are right; such expatriates used to come from our parent company for training, development, research, and work in our factory in India. We have a dispatch agreement with the parent company. We are not counting them as our employees in our records (Factory Act).