How Do Annual Leave Policies Change for Employees Relocating to Canada?

I would like to know the details of how the annual leave of an employee deployed to another location (like Canada) can be defined. Are 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) that an employee in Kerala is applicable for, can the same thing be made applicable to him/her also.

Regards,
Ajeeba Jahafer
HR Manager
Wrench Solutions (P) Ltd.

First of all, were you covered under the Factories Act or the Shop and Establishment Act? If under the Factories Act, you have to follow the Factories Act rules for earned leave, CL, and SL as per your company policy. CL and SL depend upon the company policy; hence, your employees, wherever they are in the world, have to follow the company policy.

Are you clear now?

Regards,
Alphonse

Manager HRA, GTE
Near Pondicherry
[Phone Number Removed For Privacy Reasons]

Company Formation and Applicable Laws

Please let the forum know whether a company is formed in Canada or not. If the company is not based in Canada but in India, all laws/rules of Indian origin will be applicable to the employee. However, 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.

Is the employee on a work permit or a Business Visa? If they are on a work permit in Canada, then the rules of Canada will apply. However, if the employee is on a Business Visa and is on a deputation to Canada, then the laws of the US will apply, as I believe they have been deputed by the US subsidiary. If the employee has been deputed on a Business Visa by the Indian company, then Indian law will apply.

Please check what Visa the employee is on. If it's a work permit, then the local laws will apply.

Regards

Yes, I also agree with a few of the comments that the local law of the region will be applicable. Just to highlight, I would like to take the example case of the Indian Ambassador (in recent news) to the US, Devyani Khobragade, who was paying out to her maid as per Indian laws applicable. However, the 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.

Regards,
Harpreet Walia.

As other senior members have suggested, the leave rules that are applicable locally would apply. However, if Indian leave rules are more favorable than those applicable in Canada, then the deputed employee can be governed by Indian leave rules. It is important to be cautious in implementing such different rules as the discrimination laws in the US and Canada are very stringent.

Regards,
Preetam Deshpande