Deputation from the UK to the USA
 

Hi, i am new to this forum and urgently seeking some assistance! I am a UK National, my employer is one of those (large) Indian IT Outsourcing companies although my employment contract is a UK based one. I have been working in the US for 6 months and now they want me to stay for at least 2 years. Over the last 6 months i have still received my salary into my UK bank account and transferred the money (at my own cost) over to the US each month. Heres the problem. My company have said i need to accept a US based contract which means losing all my UK benefits like, medical, life assurance, disability, holidays etc and also to take a 25% cut in salary for being in the US. I have exacerbated negotiations with my HR counterpart in the US and i am close to calling it a day and going home. Does anybody know of any advice or legal clauses i can use to fight my corner? The company have confirmed (in writing) that they do NOT have a policy to cover deputations of UK nationals to the US and they are basically 'making it up' as they go along. Any help would be very very much appreciated. All the best Terry

Re: Deputation from the UK to the USA
 

Just to clarify, are you in the USA on an L visa?

Rene

Re: Deputation from the UK to the USA
 

Hi Rene, yes i am in the USA on a L1 visa

Thanks

Re: Deputation from the UK to the USA
 

If you try to fight them, legally, I don't imagine they'll be inclined to keep you on board. As soon as you mention lawyers many companies would drop you like a stone unless it's exec level.

I feel that you'll just have to weigh up the benefits of the package on offer and decide if it's for you or not. Just like most people have to do.

So they're not going to offer an equivalent package from your current one, with holidays, vacation, health cover etc?

Do you have any leverage? Rare skill, or managing a current important project for example?

Re: Deputation from the UK to the USA
 

I agree with hotscot - you can't force them to offer you something else, so you accept it, negotiate it, or cut loose.

Re: Deputation from the UK to the USA
 

Thanks for the replies. In short i was brought to the US to manage a strategic growth account as the client wanted a native English speaker as their Program Director (AKA Me)! My main bone of contention is that there is NO policy in place so its HR saying 'thats the best we can do' and my UK contract states that the terms will be mutually agreed in writing prior to departure
Thanks

Re: Deputation from the UK to the USA
 

Terry
I can sympathise but honestly the best you can do is negotiate the most favorable package you can.
Even with the clause you mention...yes, in theory you could go over that with a lawyer but they'd just drop you rather than get involved in a legal issue.

You can be absolutely correct in what you say regarding your agreement. It doesn't matter. Generally whatever HR says , goes.
You can even sue them. But that will get you nowhere except poor and unemployed, fast.

You have to decide if you really want to stay in the US or go home.
If you do want to stay there may be leeway to improving your package. For example having them agree to applying for a GC and then you can work for someone else if you wish.

(I just remembered you said 2 years extension...some one more knowledgeable on the forum can advise on possibilities within that time frame.)

Re: Deputation from the UK to the USA
 

How do you deal with US taxes.? I thought you had to be on the US office payroll?
No advice to offer but it is disheartening when they change the goalposts - this happened to me with my L1 employer and I walked away.

Re: Deputation from the UK to the USA
 

Good honest advice thanks. Although i completely agree with it and i guess you are right it boils down to the basic principle of do i (and my family) want to stay in the US or go back to the UK, the rest is pretty much then decided by default! Thanks for the reality check. It still sucks but thats life i guess!
All the best

Re: Deputation from the UK to the USA
 

Indian outsourcing companies appear to exercise a lot of leverage with many of their employees since it is either take the job or go back to India.

Re: Deputation from the UK to the USA
 

You mentioned medical being a UK benefit. Do you actually have any US cover? If not, it might not be valid.

Plus your taxes must be a nightmare.

If you switch to H1B, the OH won't be allowed to work, so that could be another big consideration.

Still, as others have said, it's a case of suck it up or leave.

Good luck!

Re: Deputation from the UK to the USA
 

If you're still on the UK payroll you may have an advantage that if they fire you altogether you might have a case for unfair dismissal in the UK. Worth a consultation with a UK employment lawyer perhaps?

Re: Deputation from the UK to the USA
 

There's a clause in the tax treaty that lets you stay on the foreign payroll for up to 183 days if it's an intracompany transfer. (At least there is in the Canadian one, I think the UK one is similar on that point).

So at this point they have to put him on the US payroll or return him to the UK, they have no choice legally. And the effect of putting him on the US payroll are the problems he's experiencing with the US branch of the company he is working for.

Possibly, depends how his contract is worded, but his contract cannot override the law obviously.

I would argue the point with HR about the salary and vacation time, I would think those are the two points where they have the most flexibility. After all they're paying him that much now.

Re: Deputation from the UK to the USA
 

+1

Re: Deputation from the UK to the USA
 

I would assume that the new US contract includes some amount of vacation days, and health/disability insurance? Its always been my professional experience that I have received vacation and health insurance (for myself and spouse) from all of my employers. Its just a matter of if you want to accept your new terms of employment and whatever benefits they give to employees in the US.