Transfer of WorkPermit

Hi,
I am currently on deputation in UK from a Indian IT company. I have workpermit till this December. Is it possible for me to switch company in UK?

If so What kind of job can i apply in this situation? Contract/Permanent?? and what will happen to my work permit.

Your reply would of great help, please suggest me.

Thanks

You can change jobs only by getting a new work permit with the new employer before you start work.

or you can see if you qualify for HSMP.

Victoria

Victoria, Thanks for your reply
For the salary mentioned in my work permit, i am eligible for HSMP. But what the company pays me is only the net salary(Which alone wont give the eligibility) and they dont mention the gross part of it anywhere in payslip or the tax deducted. They say that they will take care of paying tax by themselves.

So, it would be of great help if you could suggest me what can be done in my case for HSMP?

blueray wrote:Victoria, Thanks for your reply
For the salary mentioned in my work permit, i am eligible for HSMP. But what the company pays me is only the net salary(Which alone wont give the eligibility) and they dont mention the gross part of it anywhere in payslip or the tax deducted. They say that they will take care of paying tax by themselves.

So, it would be of great help if you could suggest me what can be done in my case for HSMP?

umm thats pretty suspicious, you are always entitled to a payslip that lays out the gross and the taxes paid.

Most of the indian IT companies sending their people to work in UK do that. They provide a payslip with only Basic salary on it. There is not even a single word of gross or net.

And I heard from somewhere that as per UK-India Tax treaty, these companies dont have to pay tax for the employee for 2 years. But they pay the salary as if they are paying tax and don't provide us with any documents for the tax paid. No P60 or P45. This is not my own idea, this idea is reflected almost all over the HSMP forum in this site.

I hope they do this to prevent people from applying HSMP

It's dodgy, very dodgy, and I wish the government would do something to crack down on these firms who operate illegally instead of coming down hard on those who have done nothing wrong.

You cannot get the HSMP on the documentation you have.

Victoria

Hmm..I know a lot of friends who work for Indian cos...Now a days they (indian cos)have stopped giving Salary slips.,so they cannot apply for HSMP/leave their employers....I was a victim of such system,but i chose to go back to my Home country rather then part of their doggy system..Dont forget that you will have to PAY TAX in India as well, as u dont have any proof/papers that you have paid tax in UK..
Be aware, Indian Income tax dept. is gearing to catch such ppl.

Ashish

Hi ashishashah,

Do you mean to say that without those salary slips i can't even change company here?

Regarding Tax in India, what you say seems to be scary. If thats the case why there is no action taken upon anybody??

Hi Blueray,

yes u can change compnay if the new compnay wants to sponsor your WP..but for HSMP u need sal slips,P60 etc...So u cannot apply for HSMP..
But buddy, there is one major problem with not getting pay slips, when u go back to India with your savings , you have NO WAY to show that u/your employer have paid tax in UK..so your entire savings become taxabale and U WILL HAVE TO PAY TAX ON THAT ..so basically your employer saves tax on you and you will end up paying double TAX(once in UK for you dont have proof, and 2nd time in India as u dont have any proof that your employer is paying tax in UK)

Do remember it is a breach of UK employment law to not give payslips. And as you are working in the UK, the company must abide by this law.

Victoria

I have also heard of the two year exemption. But you should still get pay slips and P60s. The P60 will just have no deductions for tax.

The following is from a page of the business link website

http://www.businesslink.gov.uk

As an employer you are legally obliged to give each employee a written itemised pay statement, usually known as a payslip or wage slip. You must issue it at, or before, the time you pay your employee.

Penalties
If you don't give your employees an itemised pay statement, or include all the required details, they could complain to an employment tribunal. If the tribunal finds that you did not give proper notice of any deductions, they can order you to repay the employee the unnotified deductions you made in the 13 weeks before the employee filed the complaint, even if you were entitled to make them.

Employees must make their complaint whilst employed by you or within three months of leaving.

Regards

Blueray, sorry to hear about your current circumstances. I suggest that you find a job which will sponsor a Work Permit for you, work for a year, get proper payslips/P60 and then apply for HSMP.

You could send me your CV at vnm_prn1@yahoo.com and I can refer your case to my employer.

There is nothing wrtitten in the official HSMP documents that Indian companies or those who are working in indian companies in the UK get tax exemption, or could apply without tax documents.

Also there is nothing written about 2 years tax holidays for Indian companies operating in the UK in the offcial HSMP documents.

Just need to be aware, the information U get might come from the people in similar situation with you because thay want it that way.

blueray wrote:Most of the indian IT companies sending their people to work in UK do that. They provide a payslip with only Basic salary on it. There is not even a single word of gross or net.

And I heard from somewhere that as per UK-India Tax treaty, these companies dont have to pay tax for the employee for 2 years. But they pay the salary as if they are paying tax and don't provide us with any documents for the tax paid. No P60 or P45. This is not my own idea, this idea is reflected almost all over the HSMP forum in this site.

I hope they do this to prevent people from applying HSMP

I really wonder this sort of companies are operating in the UK. They absolutely have no Ethics at all. Suprisingly, The the Indian companies appear quite often in this forum to belong in this category.

VictoriaS wrote:Do remember it is a breach of UK employment law to not give payslips. And as you are working in the UK, the company must abide by this law.

Victoria

As everyone has said already: it's all rather suspicious.

I would insist that your employer provides you with an itemised pay-slip, as per regulations. If they kick-up a fuss, I'd seek legal advice from an employment lawyer.

Alternatively, are you a member of an union? If so, they could be another port of call.

drjabberwocky23 wrote: I would insist that your employer provides you with an itemised pay-slip, as per regulations. If they kick-up a fuss, I'd seek legal advice from an employment lawyer.

Alternatively, are you a member of an union? If so, they could be another port of call.

And get sent back to India on the next flight....