Employment Obligations

What are the obligations and taxation of a U.S. resident telecommuting employee of a foreign company?

If you are a US resident, physically present in the US and working remotely for an employer in a different country, as a general rule you will need to file and pay taxes in the US.  Any tax obligations to the home country of your employer will depend on what country where the employer is located, but if you do owe any tax there, you should generally qualify for a foreign tax credit against your US tax or possibly tax treaty benefits if it is a country that has a tax treaty with the US.

What rights/obligations should any employee know in India?

In a private organisation, most of the labour laws will not be applicable on you. Most of the terms and conditions of service will be governed by the Employment Agreement (make it sure the agreement is made on a stamp paper and not on the letter head).What are the key areas one should look at?Nature of employment - Are you a permanent, trainee, contractual worker?Job title and duties - lays down the nature of jobRemuneration - understand your CTC, Take home salary, other benefits, ESOPs, holidaysIntellectual property rights - who owns the IP created, preexisting IP, exception for IP developed at own timeConfidentiality and non-compete clause- Absolute non-compete clause might be nonenforceable in a courtMisconduct and termination- understand what constitute misconductNotice period and bond- understand the notice period. Bonds and excessive penalties for breaking the bond period might be unenforceable in a court of law.PoliciesAll organisation will have numerous internal policies to regulate the employees which might include:Powers of employeesTravel and expenditure policySocial media and media communication policySexual harassment policyAnti-discrimination policyleave policyOther benefits policyLegal statutesPayment of Wages ActMinimum wages ActSexual Harassment ActEsic ActMaternity Benefit ActProvident Fund ActEqual Remuneration Act

What are common law employment contracts?

Common law employment contracts have traditionally been the source of terms and conditions which have added to the framework of minimum entitlements provided for under legislation or in statutory agreements. They are also the source of obligations implied into contract. Under the new system, common law contracts have emerged for some employees as the predominant source of rights and obligations (rather than the sole source, because the National Employment Standards will still apply to all employees).This increased role for common law contracts means that it is more important than ever to ensure that contracts are drafted so as to protect your interests, particularly in those areas with an enhanced litigation risk.

What are legal rights and obligations for zero hour contract employees?

Zero hour contract is a UK term for casual labor. It is not a valid contract because the employer does not promise anything. In legal terminology, there is no consideration. Rights and obligations are defined by the country's labor law rather than contract law. The key question is whether the person is a worker or employee. That is determined on a case-by-case basis based on facts, not contract language. You might actually be an employee even though the contract calls you a worker or independent contractor. Employees are entitled to holiday, sick, and overtime pay; workers are not. In any case, you must be paid for time you are required to be on the job site  even though you are not working. A worker is not required to accept all hours offered, but employers often punish workers who refuse by cutting back their hours. They can do so legally because zero hours were promised.The UK just passed a law against exclusivity clauses. The employer cannot prevent you from holding another job.A part-time contract is a valid contract because the employer promises a minimum number of hours.

Does the U.S. have a moral obligation to help the Third World develop?

Firstly, it's probably best not to use "third world" countries - the better term is developing (Brazil, Tanzania, Afghanistan). Third world countries were countries aligned neither with the USA or USSR during the Cold War (up until the 80s). In fact some 3rd world countries were/are developed incl Switzerland, Austria and Finland. More to the point - yes, any developed country has a moral obligation to help in the development of developing countries. Morality is, in a nutshell, deeming what is right or wrong. One possible reason that people are answering this question with no, is a lack of insight or perspective. If you consider one rich nation giving money to a poor nation, people in the rich nation may feel uncomfortable having the governement spending their hard earned money elsewhere. On the contrary, if you think about the actual people in these nations and the fact that they were born into a lower socioeconomic region by no fault of their own, many may feel it moral to give money. Certainly many feel that the rich citizens of the USA or any other developed country should be supporting the development of those less fortunate - both in their own community and abroad. Yes, any developed country should feel a moral obligation to support developing or under-developed nations, because it's what is right.Nations are able to foster their political and idealistic  interests whilst maintaining a standard of morality in their contributions to the world.