Hi I am the only HR of a company who's operations are in Canada but we have 16+ employees in India working remotely. I need to form new leave policy that in in interest of employees and employer.The company follows the Canadian calendar for 10 holidays . We work n night shift mon-friday. The previous leave policy has 1 leave earned after 6 months of probation and 2 special paid leaves. there is no medical leave or any other leave. For employees on probation of 6 months only after probation they are entitled for 1 month leave each month. we have a indian payroll for indian employees. Please help me to form a new better and effective leave policy with rules and regulations
From India, Jammu
From India, Jammu
In respect of your employees working in India the leaves applicable for the sector in India will be applicable to them. The working from home arrangement is new and therefore, there is no written law for it as of now. Therefore, the place of working is considered as extension of workplace. In such scenario, the leave rules as applicable to the industry in the particular place is applicable to the employees.
I believe that yours is not a factory or plantation because they cannot have work from home arrangement. Then it should be an establishment coming under the scope of Shops and Commercial Establishments Act. The law relating to shops and commercial establishments is a state enactment, and as such it will differ from state to state. You have to refer to that state's Shops and Establishments Act for a clarity regarding leaves applicable.
In no way you can decide the leaves after probation is over. Under all Shops Acts, there are three types of leaves, viz, Casual Leaves, Sick leaves and Earned Leaves. The first and second types of leaves are available to an employee during the first year of service itself. That means you cannot restrict the leaves during probation period. Moreover, leave on account of medical emergencies is a right of employees, and that cannot be ignored. Again, after one year of joining, every employee should be entitled to certain number of earned leaves. For details please refer to the state Act.
From India, Kannur
4249I believe that yours is not a factory or plantation because they cannot have work from home arrangement. Then it should be an establishment coming under the scope of Shops and Commercial Establishments Act. The law relating to shops and commercial establishments is a state enactment, and as such it will differ from state to state. You have to refer to that state's Shops and Establishments Act for a clarity regarding leaves applicable.
In no way you can decide the leaves after probation is over. Under all Shops Acts, there are three types of leaves, viz, Casual Leaves, Sick leaves and Earned Leaves. The first and second types of leaves are available to an employee during the first year of service itself. That means you cannot restrict the leaves during probation period. Moreover, leave on account of medical emergencies is a right of employees, and that cannot be ignored. Again, after one year of joining, every employee should be entitled to certain number of earned leaves. For details please refer to the state Act.
From India, Kannur
Adding to that :
Do you have an Indian office? or is everyone paid directly by the Canadian company?
If you have Indian office, then the shop and establishment rules and labour laws will apply based on the state where the office is.
If you do not give leave according to the law, your company can be prosecuted
From India, Mumbai
Do you have an Indian office? or is everyone paid directly by the Canadian company?
If you have Indian office, then the shop and establishment rules and labour laws will apply based on the state where the office is.
If you do not give leave according to the law, your company can be prosecuted
From India, Mumbai
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Leave Policy.doc