Annual Leaves For Employees Deployed To Another Location - CiteHR
Manager -hr&a
Consultant-labour Laws
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I would like to know the details of how can the Annual leave of an employee deployed to another location (like canada) be defined .Is there any guidelines for the same.When I contacted a consultant in Canada, they said The normal leaves (Casual Leaves,Sick Leaves and Privilege leaves L that an employee in Kerala is applicable for, can the same thing be made applicable to him/her also.
Ajeeba Jahafer
HR Manager
Wrench solutions (P) Ltd.
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Dear HR friend
First of all whether you were covered under Factories Act or shop and Establishment?
If Factories act you have to follow the Factoris Act rule for Earned leave and for CL and SL as per your company policy. CL and Sl depend upon the company policy hence your employee where ever in the world as to follow the company policy
Are you clear now
Manager HRA GTE
Near Pondicherry
Please let the forum know whether a company is formed in Canada or not, if company is not based in Canada, but in India all Law/Rules of Indian origin will be applicable to the employee. But if a subsidiary company is formed in Canada and is based in Canada, all laws/rules of Canada will be applicable. This is my view, please wait for other seniors to respond
Thank you so much for the quick response, our company has been registered under shop and establishment act here . Our branch in US has been registered as a subsidiary company in that region and the resource is treated as an employee of our subsidiary branch.Hope this information would be sufficient.
See logically also if the subsidiary company is formed/registered in US and the employees are treated as employees of that subsidiary company, so the applicable laws/rules will be of that region only. Again as I said earlier this is my view let others comment too
Saji is right. Rules of host country should only apply. Pon, Chennai
Is the employee on a work permit or is he on a Business Visa? If he is on a work permit in Canada, then the rules of Canada will apply. But, in case the employee is on a Business Visa and is on a deputation to Canada, then the law of US will apply, since I believe that he has been deputed by the US subsidiary. If he has been deputed on a Business Visa by the Indian company, then the Indian law will apply.
Check out as to what Visa is he on. If work permit, then, the local laws will apply.
Yes I am also agreed with few of the comments that the local law of the region will be applicable. Just to highlight here I would to take the example case of Indian Ambassador ( in recent news) to US Devayani Khobragade who was paying out to her maid as per Indian laws applicable however US government has alleged her of not following the local US payout laws. Even though the company is registered anywhere the laws applicable will be of the deputed location of the employee.
Harpreet Walia.
Dear Member
As other senior members have suggested, the leave rules that are applicable locally would apply, however , if Indian leave rules are more favourable then that are applicable in Canada then the deputed employee can be governed by Indian leave rules.
But do be cautious in implementing such different rules as the discrimination laws in US and Canada are very stringent.
Preetam Deshpande
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