Employment of Expats in India


Employment of Expats in India

In India, Foreigners Act, 1946; and Registration of Foreigners Act, 1939 govern the employment of foreign workers. There are laws that give power to the Indian Government to regulate and restrict the movement and presence of foreign nationals in India. There are work sectors and states prohibited to foreign nationals and there are defined procedures for Indian employers for employing foreign nationals in India. The laws for the termination of employment of foreign nationals are also different. In this section, we have tried to capture all the relevant information with regards to the employment of expats in India.

Employment of Expats in India FAQ's

India’s labour and employment laws are not applied outside India, but are applied solely within the territorial jurisdiction of the country.

There exist no specific rules for the application of other countries’ labour and employment laws in India because these are not generally considered in deciding Indian lawsuits. Indian courts have opined that Indian labour laws have been enacted to suit the conditions of the country and the legislature has therefore, enacted provisions that are not parallel with those in other countries.

Unless there is a bilateral agreement with a country, the question of application of that foreign country’s law on Indian labourers does not arise.

In India, the labour laws are enacted primarily in keeping with the interest of labourers and their welfare. If the workers of a foreign employer in India were given more beneficial interest than their Indian counterparts, it could be difficult to question that or insist that the foreign company adhere to the norms prescribed by Indian labour law.

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