Hello
I worked with my previous employer for a little over 4 years and have had cordial relations with everyone. In 2013 July, I was sent to the Philippines for an overseas assignment on behalf of my company to work for a Telecom Giant there. My company in India contracted me to it's subsidiary in Singapore, which employed me as a Contractor for the assignment. (to explain better, let's call Indian company - XXXX India pvt. ltd. and Singapore company - XXXX Singapore). When they were devising the contract, I was told that my compensation details would be as follows -
Monthly salary of $2700/month + accommodation + taxi/internet/mobile expenses (the usual) AND I was told that company will pay my taxes. In the main contract they didn't mention paying my tax expenses, due to some legalities. However, they gave me an addendum letter on which it was clearly stated that company will pay taxed paid by me in actual upon submission of proof of payment. In exact words, the following -
"Any taxes deemed payable in the Philippines will need to be filed by you locally. IN addition, if there are any tax liabilities due to your overseas assignment in India, please check with the local auditor Mr. XXXX and file appropriately. The monthly fee paid by XXXX Singapore will be gross i.e. exclusive of any taxes payable in Manila/India. XXXX Singapore will reimburse the taxes actually paid by you in respect of the assignment upon your submission of proof of payment".
Now, I paid my taxes in July'2014 for FY - 2013-14 and claimed accordingly. I was following up on it constantly but it kept moving from one person to the other and they asked me about the details of my claims which I confirmed several times. I had to quit my job for my Masters studies, for which I am now in Belgium. My last working day was on 29th Sept'14 until when I had been given no information about my claims along with my last month's salary and my yearly bonus which was still pending. Also, please note that my previous company was bought by Amdocs early last year, however it is still the people from my company who were taking care of these things.
They gradually paid my last month's salary and yearly bonus, however after months of following up they replied a couple of days ago that they will not be paying me my taxes citing their CFO, who I know had quit or was fired by the company back in July'14. I am trying to get in touch with my ex manager and HR to see my next course of action as I don't want to take any irrational decisions and would rather resolve this amicably. Moreover, I am not sure what can I do while being here in Belgium as I cannot go to the labor office personally.
Nevertheless, if the company fails to pay me I would like to know what are my options and if I can file a law suit for the breach of the contract and trust or not? If yes, upto how much amount I can claim as damages/harassment aside from the pending claims? The amount claimable run into around Rs. 4,50,000 so any advise would be highly appreciated.
Thank you
Vineet
I worked with my previous employer for a little over 4 years and have had cordial relations with everyone. In 2013 July, I was sent to the Philippines for an overseas assignment on behalf of my company to work for a Telecom Giant there. My company in India contracted me to it's subsidiary in Singapore, which employed me as a Contractor for the assignment. (to explain better, let's call Indian company - XXXX India pvt. ltd. and Singapore company - XXXX Singapore). When they were devising the contract, I was told that my compensation details would be as follows -
Monthly salary of $2700/month + accommodation + taxi/internet/mobile expenses (the usual) AND I was told that company will pay my taxes. In the main contract they didn't mention paying my tax expenses, due to some legalities. However, they gave me an addendum letter on which it was clearly stated that company will pay taxed paid by me in actual upon submission of proof of payment. In exact words, the following -
"Any taxes deemed payable in the Philippines will need to be filed by you locally. IN addition, if there are any tax liabilities due to your overseas assignment in India, please check with the local auditor Mr. XXXX and file appropriately. The monthly fee paid by XXXX Singapore will be gross i.e. exclusive of any taxes payable in Manila/India. XXXX Singapore will reimburse the taxes actually paid by you in respect of the assignment upon your submission of proof of payment".
Now, I paid my taxes in July'2014 for FY - 2013-14 and claimed accordingly. I was following up on it constantly but it kept moving from one person to the other and they asked me about the details of my claims which I confirmed several times. I had to quit my job for my Masters studies, for which I am now in Belgium. My last working day was on 29th Sept'14 until when I had been given no information about my claims along with my last month's salary and my yearly bonus which was still pending. Also, please note that my previous company was bought by Amdocs early last year, however it is still the people from my company who were taking care of these things.
They gradually paid my last month's salary and yearly bonus, however after months of following up they replied a couple of days ago that they will not be paying me my taxes citing their CFO, who I know had quit or was fired by the company back in July'14. I am trying to get in touch with my ex manager and HR to see my next course of action as I don't want to take any irrational decisions and would rather resolve this amicably. Moreover, I am not sure what can I do while being here in Belgium as I cannot go to the labor office personally.
Nevertheless, if the company fails to pay me I would like to know what are my options and if I can file a law suit for the breach of the contract and trust or not? If yes, upto how much amount I can claim as damages/harassment aside from the pending claims? The amount claimable run into around Rs. 4,50,000 so any advise would be highly appreciated.
Thank you
Vineet