One of my Employee is getting married. She plans to move to South Africa, and continue to work for us.
my questions are :
1. Do we continue her employment with us as we can approve her for Work from home?
2. Do we adhere to the Indian Law of labor for compensation?
3. If she requests Maternity leave, is the company liable to provide her with 6 Months of maternity benefits?
4. Any legal Aspects that need to be taken care of, when employing in South Africa?

From India, Hyderabad
Dinesh Divekar
Business Mentor, Consultant And Trainer
Deputy Commissioner Of Labour..a.p.
Management Consultancy
Hr Consultant


The response to the queries are given at seriatim below:
1. You can continue to employ her and she can WFH, wherever she is. She would be NRI employee.
2. Since she is employed in India, the Indian Laws would apply and she would continue under the same terms.
3. Yes she would be entitled to all benefits as per applicable Indian laws including maternity benefit.
4. You can give her an order to this effect and her continuance would be subject to her consent.

From India, Mumbai

Ya good ... It is clear as long as you recognize as your employee by all means as usual of your company records and payment strategies... You can continue her services either here or abroad. You should authorize her services in writing that you have allowed her to stay in abroad whichever country may be work from home or elsewhere..
You should take care that she would not be allowed to work any other company there in other country. Or for any other company of India there in abroad . Unless the sanctity of continuing her in your company could become a mockery.
So you should clearly mention no transport fecility like flight charges from there to India on any issue.
Pls note that if you continue to recognize her as your company guy you are always responsible for her safety and security as per labour laws like maternity leave benefits.. Illness leaves.. Injury and relevant matters...
Though her foreign stay was not sponsored by the company the company wanted her services to continue even though she
stayed in Abroad. So it is the total risk invited by the company.
So think for a while there are several prodigies await within India for a good job. Have opportunity to someone else. Why troubling her e even she left India to abroad for personal reasons?. Hope you understood well.

From India, Nellore
Dinesh Divekar

Dear Siddiqui Gulam,
Though your questions have been answered already, I will restrict my reply to question number 4 only. Please note the following:
a) Tell the employee to put up a proper application for Working From Home (WFH). However, this home will be in South Africa. She should mention her postal address clearly.
b) If circumstances require her deposition before the enquiry of any kind then must travel to India at her own expense to depose before the enquiry. She will not be paid any TA/DA for this.
c) Who has given her laptop? If the company has allotted it and if it becomes unserviceable, how will she work? Is the usage of a personal laptop permissible?
d) In South Africa, does she have uninterrupted power supply and also the internet services of required bandwidth? Who will bear the cost of internet services? I say so because in India, the internet charges are dirt-cheap and the same cannot be expected in any other country. What if there is a breakdown in power supply for longer hours?
e) Probably she is a non-ESI employee. In that case, has the company taken any medical insurance? If yes, then the insurance will be valid in India only. If she falls sick, who will bear the medical expenses, company or the employee? Will you give her an exclusive medical insurance policy that is valid in South Africa?
f) What about travel insurance while travelling to and return from South Africa?
Dinesh Divekar

From India, Bangalore
In Case of converting her to a contractual or consultant role? Do I still need to take care of her LTA, Insurance, and Maternity Benefits?
From India, Hyderabad

LTA & Insurance are non-statutory welfare benefits and is not binding in case of contractual or consultant role. But your appointment order should specify so. In one case which I dealt with, the employee had moved outstation after acceptance of resignation but was interested to continue as Consultant and was given fresh appointment stating the new terms. But as regards Maternity benefit, it is a statutory benefit and irrespective of the nature of appointment, once there is employer-employee (master - servant) relationship, there is no escape from due compliance.
From India, Mumbai

Mere going abroad does not qualify the indian resident as NRI or resident of other country,
But there are limitations in every segment under indian laws,
establishment may allow WFH, but have to review the same on periodical basis, because as soon as the employee status get converted to NRI or foreigner the status will get changed in gross context. and it would be treated as foreign employee under income tax/ provident fund and all other laws, which is to be maintained by the establishment

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