HI,
I just want to know whether we should give the break to contractual labour to avoid their claim for permanency.
Earlier I hard that no contract labour can claim for permanency. If any body have any circular of this amendment, please send me.
Rgds/Jitender
From India, New Delhi
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76I just want to know whether we should give the break to contractual labour to avoid their claim for permanency.
Earlier I hard that no contract labour can claim for permanency. If any body have any circular of this amendment, please send me.
Rgds/Jitender
From India, New Delhi
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Please do check with the attachment.. Hope this could help you..
From India, Bangalore
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From India, Bangalore
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Employees engaged through a contractor have no employee employer relationship with the Principal employer. Therefore, they can not claim direct employment with the Principal employer even if they have worked for the entire year with him. However, if the Principal employer had acted in such a manner that shows the presence of the aforesaid relationship, then the employees of the contractor can demand direct employment status. For example, if the Principal employer had taken part in a conciliation proceeding in which the wages and other conditions of service of the contractor's employees were discussed and finalised, then it should be construed as Principal employer having built an employer employee relationship with these employees and that instance may lead to a situation wherein he can not deny permanency of employment to contractor's employees.
If by contractual employment you mean employment for a fixed term or fixed term contract (FTC) then the employee will be on your rolls only and in order to prevent him from claiming permanency of employment you will have to restrict his working days to less than 240 days in a year.
Regards,
Madhu.T.K
From India, Kannur
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If by contractual employment you mean employment for a fixed term or fixed term contract (FTC) then the employee will be on your rolls only and in order to prevent him from claiming permanency of employment you will have to restrict his working days to less than 240 days in a year.
Regards,
Madhu.T.K
From India, Kannur
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Contractual labour mentioned by you, perhaps means that employees directly engaged by the company for specific period. As per the legal stand, if such emploment is perennial and connected to the main activities of the company, can not be continued on contract basis for long time. When the matter is disputed, onus lies on the management to establish that the naute of employment is seasonal.
Reg 240 days, it is only a convention that the employee should be regularised if he works for 240 days in a calendar year. The ID Act says that such employees are eligible for compensation under ID Act. Nothing about Regularisation is spoken.
From India, Hyderabad
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Reg 240 days, it is only a convention that the employee should be regularised if he works for 240 days in a calendar year. The ID Act says that such employees are eligible for compensation under ID Act. Nothing about Regularisation is spoken.
From India, Hyderabad
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(Fact Check Failed/Partial)-The user's reply is partially correct. It correctly states that if employment of contractual labor is perennial and connected to the main activities of the company, it cannot be continued on a contract basis for a long time. However, the statement about the 240-day convention for regularization and the eligibility for compensation under the ID Act for employees who work for 240 days in a calendar year needs clarification. The Industrial Disputes Act, 1947, does not specify regularization based on 240 days of work. Instead, it focuses on compensations and benefits for workmen in case of retrenchment, lay-off, closure, etc. The concept of regularization is more related to specific labor laws and company policies, rather than a direct provision under the ID Act. To clarify, the 240-day convention for regularization and eligibility for compensation under the ID Act needs to be distinguished more accurately. Therefore, the user's reply would benefit from further clarification on the points mentioned.
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Dear Jitender,
Go throgh the contract labour act carefully, and keep in mind following main point's.
1.The work of contractual employee should not be in Perrianial Nature.
2.There should not be direct Employer Employee relation.
3. He should not be allowted job in-process.
However, the govt., of indian itself is not obeying the Contract labour act then why all we indian have fear in mind to employ contract labour?
e.g.see the railway employee,he is spending his entire life in railway as contract labour with a very less wages.As well as In Hindustan Organic Chemical co. of Govt. of india, plenty of workmen are working since last 30-35 year's as contract labour then why this act is not applicable to these contract labour,only this co. is belongs to Govt. of India ? then why we Private industry people are not shouting against Govt. of india?
Shrikant.
9423376641
From India, Pune
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Go throgh the contract labour act carefully, and keep in mind following main point's.
1.The work of contractual employee should not be in Perrianial Nature.
2.There should not be direct Employer Employee relation.
3. He should not be allowted job in-process.
However, the govt., of indian itself is not obeying the Contract labour act then why all we indian have fear in mind to employ contract labour?
e.g.see the railway employee,he is spending his entire life in railway as contract labour with a very less wages.As well as In Hindustan Organic Chemical co. of Govt. of india, plenty of workmen are working since last 30-35 year's as contract labour then why this act is not applicable to these contract labour,only this co. is belongs to Govt. of India ? then why we Private industry people are not shouting against Govt. of india?
Shrikant.
9423376641
From India, Pune
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(Fact Check Failed/Partial)-The user's reply contains some inaccuracies regarding contract labor laws and practices. Please refer to the Contract Labour (Regulation and Abolition) Act, 1970, for correct guidelines on preventing claims for permanency by contract workers.
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Dear Shrikant,
If the job is not perennial in nature, you can also engage contract labour. I do not think that Railways have Engine Drivers or Ticket Examiners or Booking clerks engaged through any contractor. Similarly, there may be government/ public sector establishments hiring contract labour but within the ambit of the Contract Labour (Regulation and Abolition) Act only.
Regards,
Madhu.T.K
From India, Kannur
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If the job is not perennial in nature, you can also engage contract labour. I do not think that Railways have Engine Drivers or Ticket Examiners or Booking clerks engaged through any contractor. Similarly, there may be government/ public sector establishments hiring contract labour but within the ambit of the Contract Labour (Regulation and Abolition) Act only.
Regards,
Madhu.T.K
From India, Kannur
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(Fact Check Failed/Partial)-The reply is partially correct. While it correctly mentions the Contract Labour (Regulation and Abolition) Act, it's important to note that contract labor can claim permanency under certain conditions as per recent Supreme Court judgments.
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I hope there is no need to give break in service during the currency of the contract with the Principal Employer. The services of the contract labour will be ceased the moment when the Principal employer terminates the contract with the contractor.
From India, Hyderabad
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From India, Hyderabad
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(Fact Check Failed/Partial)-The reply provided is partially correct. According to labor laws, contract labor can claim permanency if certain criteria are met regardless of breaks in service. It's crucial to adhere to legal guidelines to avoid any legal implications.
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Shrikant sir, you are very much correct. I have same question all over India in State govt., center govt. they are employing contract worker on regular basis. which is of permanent job.
From India, Ahmadabad
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From India, Ahmadabad
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(Fact Check Failed/Partial)-[The Contract Labour (Regulation and Abolition) Act, 1970, prohibits contract workers from claiming permanency based on their duration of service or nature of work. The Act specifies conditions under which contract workers can be engaged, emphasizing no direct employer-employee relationship for such workers. The Act aims to regulate the employment of contract labour to prevent exploitation and ensure compliance with labor laws. It is essential for organizations to adhere to the provisions of this Act to avoid legal implications related to permanency claims by contract workers.]
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As per law, is it necessary for a company to provide its contractual workers with an equal number of leaves (EL, CL, SL, etc.) as its regular on-role workers? I have received an objection in one of the inspection reports claiming that the company needs to give contractual workers the same number of leaves as on-role workers. There should be an equal leave policy. Please clarify.
From India, Pilibhit
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From India, Pilibhit
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(Fact Checked)-The reply provided is correct. The law mandates that contractual workers should receive equal leaves as regular employees. This ensures fair treatment and complies with labor regulations. (1 Acknowledge point)
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APPROVAL, CONTRACTUAL EMPLOYEES.doc
Break.zip
Salary Break Up.xlsx
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(Fact Check Failed/Partial)-The user reply does not provide accurate information. Contract labor claiming permanency is a complex issue. It is recommended to seek legal advice.