Legal Issues with Outsourcing – Outsourcing to India Never Faced
All the countries in the world have laws to govern communities
, business, people, institutions, schools, private organizations, marriage, divorce, right to information, real estate, commercial property, residential property, offshore business, outsource business etc. India one of the biggest countries in world with huge population also has laws to govern all but here we will deal in more detail with outsourcing to India laws related to software development and how they have proved to be a boon to the offshore software development world.
Knowledge of
outsourcing to India laws can be beneficial to both the outsourcing company and the service provider. But before we discuss the Indian laws regulating the software development part of the giant IT sector let us discuss what sort of legal issues both the companies involved in outsourcing to India can face. Here it is also important to remember that both the companies involved in outsourcing to India are from different countries.
Taxation:
All the companies and earning members of the society are by law required to pay some part of the income as tax. The taxation requirements for both the companies in different countries will of course be different and so both the companies involved in outsourcing to India should educate themselves on the taxation issues arising.
Lack of Global Legal System:
It is cardinal for the outsourcing companies to include the laws governing the legal issues in both the countries. This is required because of lack of a global legal system which would ensure laws in all countries of the world are same and hence make the process less confusing.
Local Laws:
Often laws regarding privacy and data protection also vary depending on the local jurisdiction under which the company falls. Hence it is also vital to consider the local laws before hiring a particular outsourcing to India service provider.
Dispute Settlement:
This includes many issues related to the breach of contract and how it can be settled. To make dispute settlement easy details about who will travel where, where the legal process for settlement will begin etc should be included in the contract.
Outsourcing to India in the field of software development is growing at a rate compared to none. One of the biggest contributors to its success as a big IT hub are the Indian laws and the legal procedures which make it very easy for both the parties involved to come to an agreement and do business satisfactory. Therefore we have mentioned in the title "Legal Issues with Outsourcing Outsourcing to India Never Faced".
Here are a few changes in the Indian laws which have ensured that the IT companies involved in outsourcing do not face any legal issues:
->Indian laws have been constantly changing to make them suitable to the present day business scenarios.
->It also complies with "agreement on trade related intellectual property right" and has also signed the "world trade organization agreement".
->Many beneficial changes in the designs, patents, copyrights, and trademarks to bring about a change in the Indian intellectual property laws
->By law it is required that the provider company ensures that "Proper Law of contract" is signed before the actual legal contract is signed. Proper law of contract directs which laws will be applicable in case of any legal issue.
->Indian courts will support the choice of law of the parties.
->While outsourcing to India both the countries have the right to decide which laws will apply to the contract, and under which jurisdiction the legal proceedings will take place.
Legal Issues with Outsourcing Outsourcing to India Never Faced
By: Annie Brunson
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