Partner - Risk Management
Adv. Manoj Liyonzon
Hr Executive (generalist)
Therefore it will not govern the conduct, terms of employment or hours of work of an employee who is located outside the jurisdiction of the state. (Exception would be an employee who has gone for a particular work and will return after a short time)
You need to follow the rules that apply in that particular country, not in india.
26th November 2014 From India, Mumbai
The establishment can provide benefits that are superior compared to provisions of the enactments but not inferior....
The establishment has to have a clear policy on leave, holidays,OT for employee's that are being deputed at other locations....and such policies should be kept in knowledge domain of employees and preferably supplied beforehand.....
E.g. The establishment can communicate the leave/holiday would be as applicable in that location or as in HO of the company....
Gossip ,rumor,hearsay can't be policy or rule....
27th November 2014 From India, Chandigarh
Thanks for your the reply & this information is very much appreciated.
Saswata Banerjee : as you mentioned in the reply, exception would be an employee who has gone for a particular work and will return after a short time. can you elaborate on this ?
As our employees were deputed to USA for the project & it was for 2 months.
Therefore there were no specific policies in this regard. they come back & claim for compensatory leave & double wages as per Bombay shop & establishment Act.
Ddoaba : As this situation come first time, we didn't have any policy regarding this.
kumar.s.: thanks for the link. I'll check that.
Adv.Manoj Liyonzon - Location was USA to one of our group company.
3rd December 2014 From Norway,
I had 3 people from my office in Dubai for a 5 day stock verification exercise. They will have to be paid extra for working on the Sunday.
However, if they were to be posted for a month or 3 months in Dubai, they would not get paid for Sunday's and instead get Friday off (which is the rule in gulf)
The line in the sand is probably whether the employee has enough time to adjust to the local system. I think 2 month deputation is more than enough time.
3rd December 2014 From India, Mumbai
15th December 2014 From India, Delhi