Jackson & Frank | Workforce Solutions in India

Casual Leave (CL)

In the employment policies of Jackson and Frank in India, Casual Leave (CL) serves as a provision for unforeseen circumstances or emergencies that require immediate attention. This type of leave is typically granted for short-duration personal needs, with the number of days varying based on company policies. Employees are generally required to inform their supervisors or managers promptly when requesting casual leave, and it is often not intended for long-term or planned absences.

Casual leave is typically non-accumulative, meaning unused days may not carry forward to the next calendar year. Depending on company policies, employees may be asked to provide a brief explanation or documentation when applying for casual leave.

Earned or Privilege Leave (EL/PL)

This type of leave is designed for planned absences such as vacations or personal reasons. Employees need to request EL/PL in advance, subject to approval based on the company's leave policies and workload considerations. The number of days accrued may increase with years of service, with companies often specifying a maximum limit for accumulated leave days. EL/PL can be utilized for extended periods, making it suitable for vacations or personal events. Some companies may allow employees to carry forward a certain portion of unused EL/PL to the next year, preventing it from lapsing. Additionally, there may be provisions for encashing or receiving a payout for unused earned leave days under specific circumstances.

The specific details of Casual Leave and Earned/Privilege Leave policies at Jackson and Frank in India are outlined in the company's documentation, providing clarity on accrual, usage, and other related aspects.

Maternity Leave

In India at Jackson and Frank, expecting mothers who are employed enjoy the right to take maternity leave in accordance with Indian labor laws. The duration of maternity leave extends up to 26 weeks, providing a significant period of support for mothers during this crucial time. This leave is typically paid, covering a portion of the employee's salary during the absence. There is a mandatory leave period, and in the case of multiple births, additional leave may be provided to ensure adequate support.

Employers at Jackson and Frank cover the costs of time off for antenatal appointments, demonstrating our commitment to supporting expecting mothers throughout their pregnancy journey. Maternity leave can commence 4-6 weeks before the anticipated childbirth date, offering flexibility for mothers to prepare for this life-changing event. Furthermore, the option to extend maternity leave is available, accommodating situations where the female employee remains unable to work due to pregnancy or childbirth. These provisions align with both local regulations and our commitment to fostering a supportive and inclusive workplace for all employees.

Paternity Leave

The partner of an employee who has recently become a parent is entitled to paid leave equivalent to their weekly working hours (5 working days for full-time employment). This paid leave should be utilized within the initial four weeks following childbirth. Moreover, the employee has the right to take "short absence leave" for the actual birth.

The expenses of birth leave are covered by the employer. In the first six months post-birth, there is an additional leave period of 5 weeks for full-time employees ("additional birth leave"). This particular leave is unpaid by the employer, and an employee opting for this additional leave qualifies for state benefits, comprising 70% of their last earned salary (capped at 70% of the maximum daily wage), provided by the relevant government agency in India.

Parental Leave

In addition to maternal and paternal leave, parents with children under the age of 8 years old have the right to parental leave, calculated at 26 times their weekly working hours for each child. The initial 9 weeks are remunerated, while the subsequent 17 weeks are unpaid. The scheduling of this leave is negotiable and can be distributed over the 8-year period. Parents are entitled to take parental leave for each child.

The initial 9 weeks of parental leave are funded by the government at 70% of the regular salary, capped at 70% of the maximum daily wage. The timing of this leave is flexible, but the total hours must correspond to the employee's full working week. Paid parental leave is applicable only until the child reaches one year of age. Employers have the option to apply for an allowance for the paid parental leave of their employees through the relevant government agency in India.

Sick Leave

Employers in India are mandated to provide sick employees with their salary for a duration of 2 years. The wage payment comprises a percentage of the last earned salary, ensuring it does not surpass the maximum daily wage. In the first year, the payment includes at least the statutory minimum wage. Employment contracts typically stipulate that the employer will cover either a percentage of the employee's full salary for the first year of illness and a different percentage during the second year of illness, with or without capping options. Additionally, sick leave policies may vary, and specific details should be outlined in employment contracts and aligned with Indian labor laws.

Termination Requirements

Termination in India, specific regulations and procedures must be adhered to, and the process may differ from the Netherlands. Termination in India is subject to local labor laws and requires compliance with statutory provisions. Employers must handle off-boarding procedures with care, involving primary stakeholders and considering any ad-hoc fees or recommended steps for particular termination cases.

Termination in India can be based on various grounds, including but not limited to:

Redundancy due to business restructuring or economic factors.
Long-term disability or incapacity lasting beyond a specified period.
Frequent or prolonged absence due to illness affecting business operations.
Underperformance in job responsibilities.
Misconduct or violation of company policies.
Refusal to perform contractual duties due to conscientious or religious objection.
Disturbed relationship impacting the workplace environment.

Indian labor laws require employers to provide a valid reason for termination, and unilateral termination without proper justification may not be permitted. Mutual consent is often preferred, but in certain cases, permission from the relevant labor authorities may be required.

Notice Period

Notice periods for termination by mutual consent in India vary based on the length of an employee's service.

The general structure includes::

Less than 1 year of service: 1 month's notice
1 to 3 years of service: 2 months' notice
3 to 5 years of service: 3 months' notice
More than 5 years of service: 4 months' notice

The notice period typically begins at the end of the month.

Severance for Employees

In India, severance payments during termination by mutual consent are often negotiated and may vary based on the specific circumstances. The amount may be equivalent to 2-6 months of the employee's salary or more, depending on the situation.

In cases where termination is determined by legal authorities or labor courts, the statutory severance pay is applicable. Statutory severance is generally calculated as a percentage of the employee's gross monthly salary for each year worked.

Paid Leave

The statutory regulations regarding paid leave in India are governed by the Shops and Establishments Act, which varies across states and union territories.

Public Holidays

The Netherlands celebrates 10 national holidays.

National public holidays include:

Republic Day
Independence Day
Gandhi Jayanti (Mahatma Gandhi's Birthday)
Holi
Diwali
Christmas Day
Eid al-Fitr and Eid al-Adha

Onboarding

Onboarding in India typically takes place within a timeframe specified in the employment agreement, usually starting after the client signs the Statement of Work (SOW).

The duration can vary depending on the company's internal processes, and it may involve activities such as document verification, orientation, and IT setup. The onboarding process is designed to familiarize the new employee with the company's policies, culture, and work environment.

Salary Requirements

In India, the salary structure may include components such as the base salary, allowances, and benefits. The holiday allowance concept may not be as prevalent in India as it is in some other countries. Instead, companies often provide various allowances, bonuses, and benefits as part of the overall compensation package.

When determining an employee's annual salary in India, it's essential to consider components beyond the base salary. This may include allowances for housing, transportation, medical benefits, and any other applicable perks. Additionally, employers may follow local labor laws and industry practices to ensure compliance with statutory requirements related to salary components.

Invoicing and employer costs may vary based on company policies and practices specific to India. It's advisable to communicate transparently with employees regarding their salary structure, including details about how components are calculated, invoiced, and disbursed.

Employment Contract Details

Under Indian labor laws, employment contracts are crucial for defining the terms and conditions of employment. While there isn't a specific requirement for a contract to be in a particular language, it is advisable to have the contract in a language understood by both parties, commonly English.

A comprehensive employment contract in India typically includes the following key details:

Name
Start date
Duration of the employment
Job description
Termination conditions

In India, it is a common practice to utilize fixed-term contracts to assess the compatibility between employers and employees before transitioning to permanent positions. While there isn't a strict limit on the number of fixed-term contracts, employers often use up to three contracts with a cumulative duration of three years.

Probation Period

In India, employers often include a probationary period to assess the employee's suitability for the role. Probation periods are typically:

For a maximum of 6 months for permanent employment.
For a maximum of 3 months for fixed-term employment.

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