If any dispute arises how will it be resolved? And in which juridical area? By dispute I mean any salary, notice periods, work hours etc.
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I removed the last part of your question because it made the question incredibly broad. Stack Exchange works best for specific and well-defined questions. It's not a good platform for open question where anyone can post anything about a topic they feel might be interesting.– PhilippCommented Nov 13, 2020 at 10:12
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Regarding the question itself: This might depend on the exact legal basis of your work. You might be self-employed with a client abroad. You might work for a company in India, but permanently assigned to a customer of that company abroad. Or you might be directly employed by a foreign company.– PhilippCommented Nov 13, 2020 at 10:18
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2Your contract will always specify the jurisdiction.– Aida PaulCommented Nov 13, 2020 at 10:23
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@Philipp 'you might be directly employed by a foreign company' i need answer on this mainly. But would like to hear your views on other two cases too.– varuogCommented Nov 13, 2020 at 11:37
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1@varuog no idea, ask a local lawyer as I have no clue bout india.– Aida PaulCommented Nov 13, 2020 at 11:40
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2 Answers
NOT LEGAL ADVICE, I'M NOT A LAYWER. I DON'T EVEN KNOW THE LAW
When hired, your hiring paperwork typically includes an agreement that you receive your pay and in return you perform your duties for the company, one of which is to "abide by the company's policies, procedures, etc." Many of these policies are in the "employee handbook" should your company have one.
Good employee handbooks indicate which legal jurisdiction your company is operating out of; and, you probably have already agreed to have legal cases handled within that jurisdiction. This doesn't invalidate all legal rights in your country; but, it does mean that future legal issues under your country's laws will be complicated by your agreeing to handle the legal issues under a different set of laws.
For example, if I agree in the USA to work on Saturdays, but in Israel a law prevents me from being forced to work Saturdays, the Israel law can't be used to get out of working Saturdays; because, I agreed to working on Saturdays in a jurisdiction where working on Saturdays is legal.
In general, it is very difficult to un-agree to something because nobody forced (in the true sense of the word, like with threats or violence) you into the agreement. Should you want your agreement to not apply, you'll have to find a lawyer to review if it is even possible, and assuming it is possible, you might want to ask the lawyer about the real odds of getting the case heard (it can be hard to determine which court should hear it), winning the case (which is harder considering you were willing to live by a different set of laws in the agreement), and collecting money from the case (which is important, as it typically involves one country telling a company in another country what to do).
Finally, one should consider the costs to win against the money that might be collected, as in many situations the company will only need to pay the price of the damage and not the price of the money to collect the damage. This "only pay the damages rule" is believed to keep court costs low, as a person who is likely to win a case can't increase the punishment by overspending to win the case.
answered Nov 13, 2020 at 16:23
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1In short, it depends. Attempt to do what is right for you; but, don't look at only the parts that support your desired outcome. If you win, but lose money in the process; for many it would have been better not to fight. If you focus on one law, ignoring the others that also apply, it is possible you'll find yourself in a lawsuit you can't win. Commented Nov 13, 2020 at 16:29
If you are in India, you would be subject to Indian laws and courts. The company employing you would also be subject to these laws but if the laws are violated, you may not be able to collect a judgment in your favor.
For example, if the company fires you and an Indian court rules that the firing was invalid, the court may order the company to hire you back but the company may choose to ignore the ruling (potentially while not doing any more business in India).
Depending on how established the company is, it may be aware of the local laws where it hires employees/contractors, or not. A small company may choose to ignore local laws and simply hire elsewhere if they run into issues.
Many of the worker protections may not apply to independent contractors. Companies are generally aware of this and may give you paperwork to sign saying you agree to be an independent contractor.
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1You are making a lot of assumptions about OP status with potential employee. If nature of the arrangement is not employment but b2b (very common scenario, even if it acts like employment it's paperwork that counts) then the jurisdiction can be quite literally anywhere where both parties agree to. Commented Nov 13, 2020 at 15:01
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So what's the point of everything but the last paragraph? Especially when you state it with very firm: "If you are in India, you would be subject to Indian laws and courts." and then say that this may or may not apply. It would go a great length to state your assumptions at the start of the answer to not confuse anyone, though the question will soon be closed anyway. Commented Nov 13, 2020 at 15:05
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There are plenty of disputes that apply to both employees and contractors. For example, employer not paying after work is done.– D. SMCommented Nov 13, 2020 at 15:08
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Without involving India, the employment laws vary within the different states of the USA. I've worked in Texas under the legal provisions of California many times. Occasionally I've worked under the legal provisions of Delaware. Texas had some laws that applied even when the jurisdiction is out-of-state; but, those cases tend to handle issues that would be illegal in the remote jurisdiction too. Remember, you don't have to be "there" to handle a lawsuit; but, your lawyer will. Commented Nov 20, 2020 at 12:38