Working abroad has been a wish of mine for some time now. Xebia offers me the opportunity to live and work in India. Through this blog series I will keep you informed of the progress and challenges of this project. It has been quite a while since I wrote about our plans to go and work in India. A lot of people have asked me whether I had already returned so soon, assuming that I had already left! The truth is that our plans are still very much alive, but the past period has not been very exciting, so there was nothing much to blog about. Currently we are in the final stages of drafting the employment contracts and I would like to inform you about the structure we have in mind for this. Contract triangle Currently I have an employment contract with Xebia in the Netherlands. For me it would be easiest if this contract would remain in use and I would simply be posted in India under a deputation contract. Since I would be getting salary in India for a longer period, I would have to pay taxes to the Indian government. This would mean that the financial department in the Netherlands, responsible for paying my salary, would have to get in contact with the Indian governmental organization for taxes. It seems more fit to sign an employment contract with Xebia in India. That way my salary would be paid in the same country as my taxes. The problem with signing a new contract for me is that the rights that I have built having a contract with Xebia over the last few years would have been forfeited. Also the Dutch laws on employment give a lot more protection to the employee than the Indian laws. We were looking for a way to retain these rights and protective rules, whilst signing a new contract. After some consulting we decided upon keeping the original employment contract with Xebia in the Netherlands and putting this contract in a non-active state through an “unpaid leave” construction. This is a known construction in the Dutch juridical system, that practically suspends the execution of an employment contract for a certain period of time. The employment relation remains intact. During this period an employment contract between Xebia in India and me will be active, under which salary will be payable. To govern the relation between these two contracts, which are standard contracts, and to make some additional arrangements, an additional contract will be signed between Xebia in the Netherlands and me. Additional arrangements The new contract between Xebia in the Netherlands and me will contain the following arrangements:
- The duration of our stay in India is set to 2 years. Extension is negotiable. We will be able to end the stay earlier, after discussing this with Xebia.
- Additional cost are for Xebia. These cost are for example medical cost of vaccination, insurance, moving and travelling cost.