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Indian IT Organization not paying salary to its contractor at Onsite
16-Oct-2023 (In Corporate Law)
I work as IT consultant in Vietnam for a large Indian IT MNC through subscontract vendor. That vendor is from Singapore and has an entity at Vietnam. For some unknown reason Indian IT MNC Finance Team has stopped payment to the Vendor. And Vendor also has denied to clear my payment saying it can't pay unless IT Company pays him. vendor also claims, it didn't get any payment from that IT Company so far and paid me everything from his pocket. I work directly with IT that Company and it's employees in Vietnam and I also have Contract Employee ID. That vendor looks after only my payroll. In such scenario can I take legal action from India? even though I was working in Vietnam. Whom should I take action against? At present I'm in Vietnam and planning to come back to India.
Hi, on the basis of your query it is understood that you are an employee of Singapore Based Vendor who has its entity in Vietnam. As this Singapore based company has business relationship with an IT MNC which is headquartered in India and having its operations in Vietnam, due to the need to human resource for accomplishing its task there has been an engagement with the Singapore Based Company and Indian IT MNC to depute the resources from Singapore Based Company to the Indian IT MNC which is operating at Vietnam. In principal you are the employee of Singapore Based Company. Though you are on contract with the Indian IT MNC based at Vietnam, as a principal employer it is their obligation to ensure that the payments (Salary + Applicable Statutory Benefits) should be paid well on time. As this Indian IT Company is headquartered in India you can initiate the legal action for payment or settlement of your dues as you have rendered serviced to them through your Employer Company (Singapore Based Vendor).
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Adv. Rajesh Kumar K
Bangalore / Bengaluru | 400+ Answers
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India has very strong and strict labour laws in place. Hence, in the first place you can take legal action against the IT MNC from India itself, seeking relief. In the second place, you can also include the subcontract vendor in the action if you want to, from Vietnam or from Singapore where vendor is basically placed. As asked, you always have the option of taking legal action from India on either of the entities.
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Adv. Nachiketh Konapur
Bangalore / Bengaluru | 25+ Answers
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