Urgent: 221g/COVID-19 - Working remote Question

[dkm1368]

Hi,

I am struck in India with 221g and Embassy closures due to COVID-19 Pandemic. I am an FTE employee of a large US based firm. My HR is asking me to move to an Indian outsourcing company which is outsourcing partner of my employer and work as a contractor. They are saying they cannot allow me to Work remote from India due to various technical issues. 

Can someone please confirm if working remote from India temporarily is legal or not? 

 

Thanks,

Kumar. 

[JoeF]

Working as an employee from abroad is complicated. There are international tax issues, etc.

[User099]

Problem comes when they have to pay you as an employee. With 221G and Embassy closure they don't know how long you will be in India that might be the reason they are ask you to move to the Indian firm. 

[gopalakrishnach]

Can someone please confirm if working remote from India temporarily is legal or not?  --- this depends on company to company. Few companies may not allow you to work remotely but I am shocked they will not even allow FTE.

There is no legal rule saying that remote from India is not allowed.

[adshah84]

You can work from India. As you are not in USA visa status doesn't matter. 

[MurthyIndia_Lawyer]

Hi!

We are sorry to know of your predicament. While it may be permissible for one to work for a U.S. employer in India remotely, each employer will have their own policies governing the terms of employment. This may include restrictions on working remotely based on data security or client / project requirement. From a H1B perspective, the underlying regulations govern an employment only when one is working within the U.S. soil.