Indian Law/Deputation


I am an employee of an Indian company. For the last seven years I have been deputed by them to work abroad by them. Now I am to return back to the Indian company. Can the company reduce my salary/perks/take home pay etc arbitrarily or do they have to continue to give the same emoluments as when I was on deputation ?


ANSWER: You shall be governed by the terms and conditions of your appointment letter to be read with the subsequent office meo. regarding deputation.Apparently, you are not entitled to claim the same remuneration as payable at the time of deputation.Due to high cost of living abroad and further to motivate the employee to go abroad,some lucrative terms are offered to an employee for posting abroad.
In view of the above, please consut a lawyer alongwith all relevant documents and take appropriate actions on the matter.

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QUESTION: Can the company decide on my remuneration unilaterally ( I am returning after 7 years ) or this has to be in consultation with me ? If I do not agree to the revised package after return what will be my locus standii ? Can I refuse to take this revised salary or resign after returning to India ( It appears that the company does not want to disclose my revised package before I return ). In case I resign will my remuneration during deputation apply for my final settlement ?

You shall be governed by the terms and conditions of appointment to be read with the service rules of the company.Company is legally bound to issue a memo. fixing your place of posting and remuneration payable to you ,after you re-join in India.Remuneration has to be fixed as per the service rules of the company to be read with the terms of engagement.You can always terminate your contract at any time including during your posting abroad subject to the termination clause contained in the contract.In case,you are released from the company,you shall be entitled to full and final settlement of your dues as per the HR Policy of the company to be read with the statutes.In case,it is not paid there are legal remedies available to recover it.
In view of the above,please take appropriate actions on the matter in consultation with a competent lawyer dealing with service matters.

Indian Law

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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