Hallo Boarders,

Merry Christmas & Wish you & your familie a very prosperous New Year.

I need your opinion on my present employment situation. I am based in Germany for almost 3years & I have a permanent job in Germany & I am contributing to the Social system.

One of my prospective employer in Germany has offered me a Position to go back to India, but he has offered the employment contract from his Indian subsidary for 5 years time frame or unbefristet contract in Indian Rupees.

Please let me know, what are the pros & con's of going back to Indian Contract from German Contract.

Is it possible to have only basic Employment Contract from German mutter geschellschaft, mentioning gehalt etc would be paid by the tochter geschellschaft in India in INR ? Is this legally valid.


Is there any other altenative solution ? My intention is to be connected to the Parent company in Germany & all applicable organisational rules, while commercial terms could be attached to its Indian subsidary.

Thank you all in advance,
Truster

Truster wrote:
One of my prospective employer in Germany has offered me a Position to go back to India, but he has offered the employment contract from his Indian subsidary for 5 years time frame or unbefristet contract in Indian Rupees.

Please let me know, what are the pros & con's of going back to Indian Contract from German Contract.

When you work in India, you will not have a German contract any more. You will live and work in India, not Germany. You can imagine now the pro's and con's.

Is it possible to have only basic Employment Contract from German mutter geschellschaft, mentioning gehalt etc would be paid by the tochter geschellschaft in India in INR ? Is this legally valid.

I don't think this is possible. I have never seen or heard in any company in any country which offers such a thing. This is because of taxation and regulations.

Is there any other altenative solution ? My intention is to be connected to the Parent company in Germany & all applicable organisational rules, while commercial terms could be attached to its Indian subsidary.

I am afraid there is not. If you want to be in the parent company in Germany then you must secure a job position in the parent company. If you have such a job and if I think that your job in Germany will be OK from now on, then just ignore the offer for India and don't go to India! This is a simple logic.

Because of tax/law issues, even in international companies the contract is rewritten. That means, Germany and India are different in terms of tax and workforce law regulations, they cannot be covered with one contract. This is not possible for workers like us. Maybe for diplomats or ambassadors but not people like you.

You can either have a German contract (in your parent company, a job in Germany) or Indian contract (in your satellite company, a job in India). It is always like this even in international companies. They never offer a thing you want.

Klenze17.

Thank you indeed Klenze17 .

But what I mean to say is something like an Expat contract from the Parent company in Germany(in addition to main emplyment vertrag)

Since the position is based in India, do you think going to India from here as an Expat for long term, is workable solution ?

Truster said:
But what I mean to say is something like an Expat contract from the Parent company in Germany(in addition to main emplyment vertrag)

Since the position is based in India, do you think going to India from here as an Expat for long term, is workable solution ?

Now this is something quite different. Because you wrote in your first email:

Please let me know, what are the pros & con's of going back to Indian Contract from German Contract.

Next time when you open a thread, please write the first message clearly. You could have commented on expat stuff in your first post. Then I would not have spent my time to write my 1st message.

There are such expat offers, in which you can keep your contract in originating country.

Expat stuff is a quite different subject. Of course expat position is always the best. If you can get such an offer in such a world crisis, don't hesitate to accept it!

Klenze17.

@Truster,
You could request your boss to consider an expat contract and work in India. Obviously this is an expensive option for the company.
Instead of denying the offer of going to India, just tell him that you are interested in the offer but only when an expat option is provided.
In this case, you might also have to tour Germany atleast once every 6 months and keep your residence in Germany. The company should also pay for your rent.

If I were you I will never accept such an offer of going back to India unless the career and monetary benefits are convincing enough.

Hello Truster,

I already had the same situation like you.
Being employee of parent company in Germany I worked for the Indian subsidary for three years.
Just drop me ur landline/mobile contact number to my private mail-id (kanak_tuniki at rediffmail dot com) so that I can tell u how I negiotiated by contract with my employer.

bye

if you do that what is the use of a public forum and how will it help the people having the same problem?

Hello everybody,

I have been into a similar situation. My wife and I (both Indians) are working in the same company and have been offered to go to India for 3 years. It seems we'll get German contract meaning salaries in Germany plus additional benefits in India. But I have the following doubts:

1. Medical Insurance
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Since we'll be paying taxes, pension, unemployment etc. in Germany as before, do we also have to pay for Medical insurance in Germany? Is it compulsory? Our employer is ready to pay for full medical insurance in India, which can be much cheaper for the employer as well as for us.

Also, any idea... how much medical insurance can cost in India?

2. Elterngeld and Kindergeld
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If we plan to have a kid in the coming years and since we'll be paying taxes and other social contributions in Germany, will we be eligible to get Elterngeld and Kindergeld in India?

3. Citizenship
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I already have NE and have applied for German Citizenship some months ago. The processing can take some more months. So, if I'll move to India by then, can there be some problems in getting Citizenship?

Thanks!