Spoorthi R S
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?
From India, Bengaluru
nanu1953
336

Recruiting & Staffing industry will be covered under S & E Act of the State. So far my knowledge goes, most of the States in India there is Privilege leave, casual leave & sick leave under S & E Act.
Please cross check from Karnataka S & E Act to confirm the same as well as the quantum of leave,

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

From India, New Delhi
nanu1953
336

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

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

From India, New Delhi
Madhu.T.K
4239

When you say that yours is a recruiting and staffing establishment for an overseas client, where do these employees work? Are they work in India or somewhere else? The employee recruited by you need not be your employee but they may be employees of the company for whom you have recruited them. Obviously, they will enjoy the leaves as per their companies leave policies and you need not look into such things and whether the employees you have recruited are getting sick leave or not is not your headache. At the same time, a staffing establishment may have employees in 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 organisation where the employee is deployed. In case an employee is deployed in a factory, he will get leaves as per the Factories Act and if some one is deployed in a Hotel, he will get leaves as per Shops and Commercial Establishments Act. Under Factories Act, there is no sick leave (and also casual leave) whereas in an establishment covered by shops and Commercial Establishments Act will get casual leave, sick leaves and also earned leaves as per state provisions.
From India, Kannur
Srinath Sai Ram
610

Dear All, Please find attached herewith "Annual Leaves under The Karnataka Shops & Commercial Establishments Act, 1961" which is self explanatory.
From India, New Delhi
Srinath Sai Ram
610

Please find attached heerwith Annual Leaves under Kar Shops & Comml Est Act, 1961
From India, New Delhi
Attached Files (Download Requires Membership)
File Type: pdf Annual Leaves under Kar Shops & Comml Est Act, 1961.pdf (170.3 KB, 5 views)

aarya-pockethrms
1

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

From India, Thane
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