Labour Law & Hr Consultant
[email protected]
Sr. Manager (p&a)
Ushma Baria
Administration, Hr, Travel, Vendor Mgmt,

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Dear Members,
We have a company driver on our payroll. I would like to know if our boss goes on leave or travels for business purpose for 2-3 days than should we pay or deduct driver's salary during that period? As driver also goes on leave during that period.
Is he liable to for CL/PL/EL etc. Kindly advise. Immediate help is appreciated.
Thanks & Regards

From Canada, Montreal
Dear Ushma,
Since the driver's name is borne on your Company pay roll, I presume that he is a regular employee of the company. Only in casual employment, no wages are paid to the labor since no work is available on any day though he presents himself on that day at the work spot. In essence, in a casual type of engagement of labor for any work, no employer-employee relationship is created so as to bind them with the obligation of satisfying any mutual considerations. But, in regular employment it is not certainly so. The driver is ready to drive the car even on a day when your boss is out of station. It may be incidental at some times he avails of leave on such days. It can not be construed that he is entitled to any leave on such days the boss is out of station or not eligible for salary just because there is no work because he is not the reason for such a situation of no work for him. What about the boss's personal secretary? will you ask her to go on leave whenever the boss is out of office? I don't think that any Canadian Labor Law will have such a negative provision.

From India, Salem
Dear Umakanthan,
Thank you very much for your early reply. Even I was thinking on the same line but wanted a second opinion from an experienced person.
Secondly I am based out from Mumbai and not from Canada. By default the website has taken this information.
Thanks & Regards
Ushma Baria

From Canada, Montreal
Whether you are into Accounts domain or HR domain? The process of thinking in your mind itself is wrong. For no fault of him/her do not think differently. Let us show good gesture. At same time, if anything is wrong done yes take up seriously what may come.
I am 100% with Mr. Umakanthan.M sir views.

From India, Madipakkam
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