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Worked from home in Indian subsidiary of US Co. didnt clear my dues


27-Jul-2023 (In Labour & Service Law)
I was employed by the Indian subsidiary (setup in hyderabad) of a US based company. I worked from home. They never paid me and after some months I refused to do more work until dues are cleared (which is another question I posted on lawrato). Questions - 1. I think they never registered me as an employee with labour department. Is the employer required to register its employees? 2. Eventually I agreed to be paid via wire transfer (without TDS etc). They registered me as a freelancer in their US branch. Did that end my employment with the Indian branch? There were no official resignation or termination letters. 3. Since I told them that I will not do any further work until past dues are cleared, they claim that me stopping the work caused losses to company. Am I liable to any losses caused by this? 4.They claim that I did only 3% of work and they refuse to pay more than 3% of past dues. Can they claim such a thing after many months of work when I talked to them daily?
Answers (1)

Answer #1
577 votes
You better send them an email stating that you need a clarification over your appointment and stature in the organization. If they refuse to honour that send them a legal notice asking for the same. If they still refuse it then drag them in the court. Till the time you will be contesting your identification in the organization you cannot be held liable for anything. The moment you accept that you are a freelancer then you are in trouble as in that case you bills should be there to dispute any dues and the taxation thereto. You will fall into such category wherein you have to comply to more laws than of now as an employee.
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