Navigating Salary and Onsite Issues: HR Guidance and Legal Considerations

Hello,

I am currently working in an IT company. They sent me for an onsite assignment. According to company policy, they were providing me with onsite allowance and an Indian salary. However, they have now stopped the Indian salary and started giving me a salary onsite. The company did not inform me of this change while I was still in India. The amount I am now receiving is not sufficient if I have to support my family. I have been requesting them to send me back to India for the last 4 months, but I have not received any response.

Furthermore, they have not been providing me with any salary slips, and I do not have any details regarding the Provident Fund (PF), Gratuity, and other benefits. My family is extremely worried at this point. I am unsure of what steps to take next since I am not receiving any replies from HR regarding the salary concerns.

Should I return to India on my own, or should I consider sending an email to NASSCOM and the Indian High Commission to file a complaint against my company? Please advise me on what actions I should take as this situation is becoming increasingly distressing for both me and my family.

Hello atithi2011,

First and foremost, please ensure you have all your paperwork in place – you may not get a chance to do so once you go out into the open with this issue. Once you take this issue into the open, only the paperwork will be what others will ask, not what you have to say.

I feel emailing NASSCOM and the local Indian High Commission will be the right step, but I suggest involving a lawyer too, since there could be legalities involved as you go along. Also, suggest waiting for others to respond; there could be better ways of handling this issue.

Regards,
TS

I request to others also, please help me and suggest what I can do in this kind of situation.

I have been away from my family for the past 8-9 months, and my company is not providing me with any satisfactory answer regarding my return to India.

Hello atithi2011,

By paperwork, I mean your Appointment Letter, other company-related documentation with regard to your role, performance, increments, promotions, appraisals, etc. -- whatever could be useful. DON'T ASSUME, just go by what you FEEL, NOT think.

Also included in this docs list should be ALL the mails/correspondence related to your present onsite position, the issues/problems that you are currently facing, etc. If you FEEL something could be useful, but you realize you don't have that aspect/point in writing, suggest putting it in writing NOW -- please note it has to be very subtle and not give away what you are trying to do.

Please note that a smart HR person will see through the game if you aren't very discreet -- this is where the lawyer comes in [to guide you on what COULD be useful legally, IF it reaches that stage], to build up the written part of the case.

Regards,
TS

Hi Atithi,

With reference to Mr. Taj Sateesh's advice, maintain all documents in your possession and provide copies of the documents to any concerned parties:

- Offer Letter
- Confirmation letter
- Any agreement or SLA signed before going onsite
- Copy of the Policy regarding onsite deployment
- Bank Statements reflecting your salary deposits
- Passport Copies
- Visa Copies

You may approach the Indian Embassy and explain your case to a consular officer and seek advice. Write an application explaining your case very clearly, with facts including dates and times of events as much as possible.

Maintain strong communication by emails or in writing with your current organization.

Speak to the HR department and seek to resolve this issue amicably. If not, then approach authorities to resolve your problem, keeping your manager involved in all your communication.

Maintain an expense report of your basic spending and expenses on behalf of the company. Clarify the extent of reimbursements you can claim from the company and the procedure for the same.

Request a break-up of salary and allowances you receive in compensation from the HR or Accounts Department.

Meanwhile, keep doing your work with sincerity. Don't give the company any chance to prove you wrong, such as disobedience or lack of productivity.

Maintain a good name for the company with clients and others. Keep calm and work through the problem to achieve a win-win outcome for both you and the company.

Wishing you all the best.

Hello atithi2011,

Frankly, it's tough to answer your question with a degree of finality: what will be the impact on my future career?

The reason being, there are many grey zones in the PoA that are not in your control, except responding as you go along. Sort of: developing a "let's cross the bridge when it comes" mentality. That way, you keep all your options open [to the extent you can, i.e.] and also preempt any unforeseen surprises to affect your responses.

But coming to your other query: how will I prepare for it - this is what I usually follow myself: work for the best-case scenario and prepare mentally for the worst-case scenario.

This is the general way of handling the issues where one doesn't have a lot of control over the outcome.

Coming to your specific situation, first and foremost, please try to handle things smoothly. Just bear in mind that even the PoA of approaching the Indian High Commission and/or NASSCOM is only to bring about the necessary pressure on your company - since most companies act only when they realize that their deeds/misdeeds are coming into the public domain. Please be clear in your mind that HC/NASSCOM will not solve your problem - they can only aid your own efforts. Another reason why approaching them will help you [in the long run, if not for the immediate problem's resolution] is that the company will hesitate to put you on the blacklist - which could mar your career.

I hope I have answered your queries.

Regards,

TS