Navigating Employee Transfers: Can Leave and Non-Staff Status Affect Your Rights?

Dear Seniors, I have a few questions and seek your answers in this regard.

Q1: Leave Transfer on Employee Transfer

Can an employee's leave be transferred if he is transferred to a company's sister concern?

Q2: Retention of Non-Staff Employees

If we do not hire a person because they do not meet our mandatory criteria of being a graduate, how long can we retain them as a non-staff employee? Is the company obligated to hire them after a certain period?

Q3: Accumulation of Sick Leaves

Sick leaves can be accumulated. What does this concept entail? Does it mean that a sick employee can receive paid leave beyond their normal sick leave entitlement of, for example, 7 days per year? It would be more comprehensive if your answers were supported by court verdicts, etc.

Regards

Questions on Employee Leave and Employment Criteria

I have a few questions and seek your answers in this regard.

Q1. Can an employee's leave be transferred if he is moved to a company's sister concern?

Q2. If we choose not to hire a person because they do not meet our mandatory criteria of being a graduate, how long can we continue to employ them as a non-on-roll employee? Does the company have an obligation to transition them to on-roll status after a certain period of time?

Q3. Sick leaves can be accumulated. What does this concept entail? Does it imply that for a specific limit, an ill employee can receive paid leave even after exhausting their normal sick leave quota, such as 7 days per year?

It would be more substantial if your answers are supported by court verdicts, etc.

Best Regards,
From Mumbai

Leave Transfer and Employment Contracts

1. If he is not getting a new appointment letter from a new employer, then his leave will be transferred.

Fixed-Term Contracts

2. You can create a fixed-term contract with the employee for 1 or 2 years. In that case, the company is not liable to hire him permanently.

Sick Leave Policy

3. It depends on the company's leave policy. In some organizations, Sick Leave (SL) that is not taken during the year accumulates, and employees can carry it forward. In that scenario, he can utilize them in the next year along with the remaining 7 SL days. It is now up to your company's policy whether you want SL to be carried forward or to lapse.

Thanks