Legal Question in Employment Law in India

I was hired in USA. As my work visa got expired, I had to return back to India. As per the Company policy, which I was not aware of, I was supposed to get salary in Indian currency while working in India.

Due to HR glitch, I was still getting paid in USD and paying taxes to US government. All of sudden after 10 months, local HR calls up and tells me that I need to return back all dollars that I was getting as a Salary.

I am in no state to return back that money as I have already spent or invested at different places. My question is ; is it even legal for them to ask me return back salary that was paid to me.

Please note that I never received any deputation latter. I do not have new offer letter. All I have is original offer letter that states that I should be getting paid in USD.


Asked on 3/01/12, 4:37 am

4 Answers from Attorneys

U receive that amount pas ur salary so u have not to worry and for more clarification u can call m

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Answered on 3/01/12, 4:55 am

When the company itself paid you in USD, there no fault of yours.

The only concern at this moment is the taxation jurisdiction for you.

In case they proceed against you in any way, you must contest the matter by consulting a lawyer.

Regards

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Answered on 3/01/12, 11:02 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case the company file a suit for recovery of the difference of amount of indian salary and salary that you were getting in US, you may hire a lawyer and he would defend your case.

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Answered on 3/01/12, 11:34 pm


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