Hi Dear Advisers,
I am working in an MNC, and my company's director has started a new business registered in the US but not in India. He wants me to appoint people in India. I am not able to understand which letterhead to use or what to do.
Please advise me.
Thanks,
Yogyata
From India, Bangalore
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I am working in an MNC, and my company's director has started a new business registered in the US but not in India. He wants me to appoint people in India. I am not able to understand which letterhead to use or what to do.
Please advise me.
Thanks,
Yogyata
From India, Bangalore
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Dear Yogyata,
You may use the letterhead with the registered office address of the USA.
As the company has not started its operations in India, nor do they have an office in India, it would be better that you do not employ people as employees but as Consultants. A letter stating their consultant status with the company, their compensation and benefits, and also their roles and responsibilities to the respective people.
The company may also enter into a MoU with the so-called consultants, assuring them that they will be absorbed by the company as soon as the company fulfills the required statutory provisions (only if the need arises, the MoU needs to be worked out between your Boss's company and the employee).
As a matter of precaution, the jurisdiction in case of any issue arising can be kept as both India and the USA, with the primary cause for any legal case of action arising in India.
By following the above procedure, the company can temporarily evade company law complications. Also, to a certain extent, it would be easier for your boss to wind up the business if the same doesn't do well, as all the employees employed with the company would be consultants.
This procedure is applicable only for top and middle-level management cadre people and not for staff. If something similar has to be worked out for staff, then a different approach has to be adopted.
Hope this solves your query.
Thank you,
Octavious
From India, Mumbai
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580You may use the letterhead with the registered office address of the USA.
As the company has not started its operations in India, nor do they have an office in India, it would be better that you do not employ people as employees but as Consultants. A letter stating their consultant status with the company, their compensation and benefits, and also their roles and responsibilities to the respective people.
The company may also enter into a MoU with the so-called consultants, assuring them that they will be absorbed by the company as soon as the company fulfills the required statutory provisions (only if the need arises, the MoU needs to be worked out between your Boss's company and the employee).
As a matter of precaution, the jurisdiction in case of any issue arising can be kept as both India and the USA, with the primary cause for any legal case of action arising in India.
By following the above procedure, the company can temporarily evade company law complications. Also, to a certain extent, it would be easier for your boss to wind up the business if the same doesn't do well, as all the employees employed with the company would be consultants.
This procedure is applicable only for top and middle-level management cadre people and not for staff. If something similar has to be worked out for staff, then a different approach has to be adopted.
Hope this solves your query.
Thank you,
Octavious
From India, Mumbai
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Hi Dear Advisers,
I am working in a private company and have started a new IT business. It is registered in Australia but not in India. We want to appoint or hire people in India. I am not able to understand which procedure I should use or what to do.
Please advise me.
Thanks,
HARGAGAN
From Australia, Oakleigh
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I am working in a private company and have started a new IT business. It is registered in Australia but not in India. We want to appoint or hire people in India. I am not able to understand which procedure I should use or what to do.
Please advise me.
Thanks,
HARGAGAN
From Australia, Oakleigh
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IF you want to enter Indian market and need an established entity in market we can help you check us out at www.tekinfoway.com
From India, Hyderabad
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From India, Hyderabad
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