Is it legal for a company....

AdamD · 31-10-2009, 15:50

Hi all

Question for you all

Is it legal for a UK based and registered company, to recruit people (remotely) overseas to work for them, but NOT pay them the national minimum wage?

I tend to read Webhostingtalk's forums a lot and there's numerous UK based companies on there who advertise for staff, but pay LESS than the minimum wage (Usually based on a per support ticket basis)

Any ideas?

BenMcr · 31-10-2009, 15:51

I would assume that's why they employ offshore agents in the first place

What they have to pay them would be appropriate to the laws in the country that they work.

If a company employs someone from overseas and then brings them to the UK then they would have to pay them the minimum wage

**Kymmy** · 31-10-2009, 15:57

If the person is not employed in the UK (i.e. working within the UK) then UK employment law doesn't apply to them.. Plus the ticket basis will mean that they're contracted perjob and not on a true hourly rate

webcrawler2050 · 31-10-2009, 16:04

Yes perfectly legal - UK Employment law wont apply to them and it's veyr likely they will be classed as sub contractors

AdamD · 31-10-2009, 17:13

Ahh! Thanks for the clarification

But if they knowingly recruited someone from the UK, the law would then apply right?

Raistlin · 31-10-2009, 17:42

Yes, if they knowingly employ someone in the UK (and they're legally obliged to check where they're employing you from, so they should know) then UK employment law applies.

Flyboy · 06-11-2009, 00:20

This is how many UK based companies get away with paying Indian children ten pence a day for sewing jeans.

squealy · 06-11-2009, 00:52

Quote:

Originally Posted by Flyboy

This is how many UK based companies get away with paying Indian children ten pence a day for sewing jeans.

And 20p a day to man VM call centres.

Flyboy · 06-11-2009, 09:58

Yeah...they're the rich ones.

**Hugh** · 06-11-2009, 13:38

Actually, back in the late 90's, local people working in call centres in Mumbai started on £3500 per year (which is about £10 per day, not 20p), which by local rates of pay was well paid, and it was seen a Graduate job - beware of cultural relativism.

Tech_Boy · 06-11-2009, 23:50

And yet Amazon (distribution center in Swansea) will not recognize the British public holidays as they are a US company, will also not give their staff the US holidays off, as the distribution center is not in the US.

LondonRoad · 07-11-2009, 00:07

Quote:

Originally Posted by Tech_Boy

And yet Amazon (distribution center in Swansea) will not recognize the British public holidays as they are a US company, will also not give their staff the US holidays off, as the distribution center is not in the US.

It has often been the case with US companies. The Silicon glen generation of companies that took advantage of generous allowances to locate in Scotland sailed close to the wind when complying with British Employment law. The management of bullying and browbeating was largely the order of the day... but hey they helped make the unemployment stats look better.... and there's always that photo opportunity for the current Secretary of State/first minister/minister of raising false hopes....

Then there's the political indignation when the aforenotmentioned company closes it's UK doors to relocate to Eire/Poland/Slovakia/Korea/Justinventedikstan... and the same ministers are so supportive to the dumped UK workforce... and the cycle starts again