Wanted to check if paid sick leave is compulsory for the Recruiting and Staffing industry?

Please help me with the labour law. I wanted to check if paid sick leave is compulsory for the Recruiting and Staffing industry. The clients are based overseas. Is there any alternative that we can do instead?

Recruiting and Staffing industries will be covered under the S&E Act of the State. To the best of my knowledge, in most states in India, there are provisions for Privilege leave, casual leave, and sick leave under the S&E Act. Please verify this information with the Karnataka S&E Act to confirm the same, as well as to ascertain the quantum of leave.

S K Bandyopadhyay (WB, Howrah) CEO USD HR Solutions

With reference to the above post, if any employee is covered under ESIC, they will be eligible for sick leave as per the ESI scheme.

S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions

When you say that yours is a recruiting and staffing establishment for an overseas client, where do these employees work? Are they working in India or somewhere else? The employees recruited by you need not be your employees, but they may be employees of the company for whom you have recruited them. Obviously, they will enjoy leaves as per their company's leave policies, and you need not look into such things. Whether the employees you have recruited are getting sick leave or not is not your concern.

At the same time, a staffing establishment may have employees on the rolls of the staffing establishment who are deployed in various plants/offices at different locations. In that case, the leaves will be as per the nature of the organization where the employee is deployed. If an employee is deployed in a factory, they will get leaves as per the Factories Act. If someone is deployed in a hotel, they will get leaves as per the Shops and Commercial Establishments Act.

Under the Factories Act, there is no sick leave (and also casual leave), whereas in an establishment covered by the Shops and Commercial Establishments Act, employees will get casual leave, sick leave, and earned leave as per state provisions.

Dear All,

Please find attached herewith "Annual Leaves under The Karnataka Shops & Commercial Establishments Act, 1961" which is self-explanatory.

Please find attached herewith Annual Leaves under Kar Shops & Commercial Est Act, 1961.

Paid sick leave requirements can vary significantly based on the country, state, or local jurisdiction where the company operates. In some regions, there are legal mandates that require employers to provide paid sick leave to their employees, while in other areas, it might not be mandatory or may have varying regulations.

In the recruiting and staffing industry, the requirement to provide paid sick leave can be subject to the same laws and regulations that apply to other industries within the specific location. Employers in this industry are generally obligated to comply with applicable labor laws regarding sick leave, but the specifics can differ widely.

It's essential for companies in the recruiting and staffing industry to be familiar with the employment laws and regulations in their operating area. This includes understanding any mandated sick leave provisions, such as the minimum amount of sick leave to be provided, accrual rates, permissible reasons for using sick leave, and other relevant details outlined in the local labor laws.

Consulting legal counsel or HR professionals who are knowledgeable about the specific employment laws in your area is crucial to ensure compliance with paid sick leave requirements applicable to the recruiting and staffing industry.

For more relevant information: What is PTO (Paid Time Off) – PTO Policy, Benefits & Types