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Over time Issue - For Short term Assignment in US
Human Resources » Recruitment & Staffing

Chrm Message From: lipika Total Posts: 17 Join Date: 06/03/2009
Rank: Executive Post Date: 21/04/2009 10:44:11 Points: 85 Location: Afghanistan

Hi Everybody 
A person travelling on short term assignment to US and is on per diem. He  is required to work extra hours on his project there. Would he be entitled 
to over time in US? If yes at what rate he should be paid? And also as he  is on per diem what would be the mode of payment and where this payment  would be made ..In India/ US. 
Looking forward for your views. 


Chrm Message From: sanjibani Total Posts: 21 Join Date: 06/03/2009  
Rank: Executive Post Date: 21/04/2009 10:45:12 Points: 105 Location: Afghanistan

No extra payments. Ony per diem (since he gets his Indian salary). No overtime. You may fix the limit on his seniority. The amount is normally paid in advance before he leaves the country. (Final settling of bill done once he returns back)


Chrm Message From: maheshwari Total Posts: 24 Join Date: 06/03/2009  
Rank: Executive Post Date: 21/04/2009 10:46:44 Points: 120 Location: Afghanistan


We did have similar situations in the past.

The best way to resolve this is to "Bill the client for the extra hours put in by employees on short term assignment and compensate the employees for their extra effort". This can be paid in the local currency as a part of the per diem. (However at the end of the project!!!)

While the company need not reimburse the entire amount billed to the client, one can define certain parameters based on Effort delivered, Level (Project Manager. Project Leader, Team Member . . .)and come out with eligibility matrix.

Trust this throws some light.

Chrm Message From: mayurr Total Posts: 20 Join Date: 06/03/2009  
Rank: Executive Post Date: 21/04/2009 10:47:39 Points: 100 Location: Afghanistan

Hi Lipika,

If the person is working in India and going abroad for a short term assignment. The extra pay and allowance is decided by the employer ,there is no legal bar on that. You can also fix limits for his expenditure. Since he gets his indian salary, he should not be paid extra for working abroad.

He has to carry sufficient foreign currency to meet his expenses. That you can provide in the form of advance and later on bill can be settled.

Chrm Message From: Total Posts: 18 Join Date: 06/03/2009  
Rank: Executive Post Date: 26/04/2009 05:38:39 Points: 90 Location: Afghanistan

Hi Guys,

First of all, I must mention here that people coming from India on assignment to US, are mostly on B-1 visa, and hence, they are anyway not supposed to work here.

If the person comes on H-1, then the standard practice of calculation @ 2000 working hours per annum is used. Anybody putting in more hours is paid accordingly, depending on the company's policy.

Hope this helps.

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