Dear Members,
We have a company driver on our payroll. I would like to know if our boss goes on leave or travels for business purposes for 2-3 days, should we pay or deduct the driver's salary during that period? The driver also goes on leave during that period.
Is he liable for CL/PL/EL, etc.? Kindly advise. Immediate help is appreciated.
Thanks & Regards,
Ushma
From Canada, Montreal
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1We have a company driver on our payroll. I would like to know if our boss goes on leave or travels for business purposes for 2-3 days, should we pay or deduct the driver's salary during that period? The driver also goes on leave during that period.
Is he liable for CL/PL/EL, etc.? Kindly advise. Immediate help is appreciated.
Thanks & Regards,
Ushma
From Canada, Montreal
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Dear Ushma,
Since the driver's name is on your company's payroll, I presume that he is a regular employee of the company. Only in casual employment, no wages are paid to the labor since no work is available on any day, even though he presents himself at the worksite. In essence, in a casual type of engagement of labor for any work, no employer-employee relationship is created to bind them with the obligation of satisfying any mutual considerations. However, in regular employment, it is not certainly so. The driver is ready to drive the car even on a day when your boss is out of the station. It may be incidental that at times he takes leave on such days. It cannot be construed that he is entitled to any leave on days when the boss is out of station or is not eligible for salary just because there is no work, as he is not the reason for such a situation of no work for him. What about the boss's personal secretary? Will you ask her to go on leave whenever the boss is out of the office? I don't think that any Canadian Labor Law will have such a negative provision.
From India, Salem
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Since the driver's name is on your company's payroll, I presume that he is a regular employee of the company. Only in casual employment, no wages are paid to the labor since no work is available on any day, even though he presents himself at the worksite. In essence, in a casual type of engagement of labor for any work, no employer-employee relationship is created to bind them with the obligation of satisfying any mutual considerations. However, in regular employment, it is not certainly so. The driver is ready to drive the car even on a day when your boss is out of the station. It may be incidental that at times he takes leave on such days. It cannot be construed that he is entitled to any leave on days when the boss is out of station or is not eligible for salary just because there is no work, as he is not the reason for such a situation of no work for him. What about the boss's personal secretary? Will you ask her to go on leave whenever the boss is out of the office? I don't think that any Canadian Labor Law will have such a negative provision.
From India, Salem
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Dear Umakanthan,
Thank you very much for your early reply. I was also thinking along the same lines but wanted a second opinion from an experienced person.
Secondly, I am based out of Mumbai, not from Canada. By default, the website has taken this information.
Thanks & Regards,
Ushma Baria
From Canada, Montreal
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Thank you very much for your early reply. I was also thinking along the same lines but wanted a second opinion from an experienced person.
Secondly, I am based out of Mumbai, not from Canada. By default, the website has taken this information.
Thanks & Regards,
Ushma Baria
From Canada, Montreal
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Dear Ushma,
Whether you are in the Accounts domain or HR domain, the process of thinking in your mind itself is wrong. For no fault of him/her, do not think differently. Let us show a good gesture. At the same time, if anything wrong is done, take it seriously no matter what may come.
I am 100% in agreement with Mr. Umakanthan.M's views.
Regards,
V. Murali
From India, Madipakkam
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Whether you are in the Accounts domain or HR domain, the process of thinking in your mind itself is wrong. For no fault of him/her, do not think differently. Let us show a good gesture. At the same time, if anything wrong is done, take it seriously no matter what may come.
I am 100% in agreement with Mr. Umakanthan.M's views.
Regards,
V. Murali
From India, Madipakkam
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