Dear All,
Required answer from you all on urgent basis. Our company is Govt Contractor and had taken a maintenance job at Odisha Govt Unit. Now our company job is over as per work order. we have following queries
1- First Work order completed,
a-In this order we hired Daily Wages workers from Local area paid minimum wages+allowances (allowances demanded from union which was out of law).
b- All workers worked below 240 days( to define continuous services).
c- We paid bonus to all workers on cap ceiling of Rs7000/-
d- Labour Dept verified and issued No dues certificates.
1- Second Work order completed,
a-In this order we hired Same Daily Wages workers from Local area who had with us in first order, paid minimum wages+allowances (allowances demanded from union which was out of law).
b- All workers worked below 240 days( to define continuous services) in this order also.
c- We paid bonus to all workers on cap ceiling of Rs7000/-
Now since last 15 days our project completed but now Union demanding following from our company
1- Till receivable of Full & Final Settlement (as per law bonus we have to pay on cap ceiling Rs7000/- only nothing more than else as per statutory law), they are asking to pay wages to labour without working/projects.
2- Asking Leave wages for all workers with combining present days of First Work order and Second Work Order.
3-Asking Retrenchment Compensation for all workers ( Already company doesn't have any projects/job with Client-Govt).
As per my views,
1-Combining both work order , Workers /Union can not claim for Leave Wages bcz in single order no body completed 240 working days.
1-Combining both work order , Workers /Union can not claim for RetrenchmentCompensation bcz in single order no body completed 240 working days and there is no projects/job between our company and client.
Kindly request you to answer my above said quieres on urgent basis with references of law
Thanks
Pramod
From India, Mumbai
Required answer from you all on urgent basis. Our company is Govt Contractor and had taken a maintenance job at Odisha Govt Unit. Now our company job is over as per work order. we have following queries
1- First Work order completed,
a-In this order we hired Daily Wages workers from Local area paid minimum wages+allowances (allowances demanded from union which was out of law).
b- All workers worked below 240 days( to define continuous services).
c- We paid bonus to all workers on cap ceiling of Rs7000/-
d- Labour Dept verified and issued No dues certificates.
1- Second Work order completed,
a-In this order we hired Same Daily Wages workers from Local area who had with us in first order, paid minimum wages+allowances (allowances demanded from union which was out of law).
b- All workers worked below 240 days( to define continuous services) in this order also.
c- We paid bonus to all workers on cap ceiling of Rs7000/-
Now since last 15 days our project completed but now Union demanding following from our company
1- Till receivable of Full & Final Settlement (as per law bonus we have to pay on cap ceiling Rs7000/- only nothing more than else as per statutory law), they are asking to pay wages to labour without working/projects.
2- Asking Leave wages for all workers with combining present days of First Work order and Second Work Order.
3-Asking Retrenchment Compensation for all workers ( Already company doesn't have any projects/job with Client-Govt).
As per my views,
1-Combining both work order , Workers /Union can not claim for Leave Wages bcz in single order no body completed 240 working days.
1-Combining both work order , Workers /Union can not claim for RetrenchmentCompensation bcz in single order no body completed 240 working days and there is no projects/job between our company and client.
Kindly request you to answer my above said quieres on urgent basis with references of law
Thanks
Pramod
From India, Mumbai
It seems that your company had engaged the same component of workers consecutively or simultaneously for both the Projects. This may have resulted in continuous engagement for more than 240 days. Thus the workers are entitled to leave with wages and retrenchment compensation.
However, as per Section 2(oo) of the Industrial Disputes Act, 1947 (IDA), retrenchment is the termination of service of a worker "for any reason whatsoever", but excludes termination by way of punishment inflicted pursuant to disciplinary action, voluntary retirement, retirement on reaching the age of superannuation, continued ill health and, termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein.
Whether your company issued appointment letters to the workers for every Project separately specifically indicating period of employment linked with the Project? Analyse the situation based on such contract of employment and method of engagement.
Regards
From India, Mumbai
94However, as per Section 2(oo) of the Industrial Disputes Act, 1947 (IDA), retrenchment is the termination of service of a worker "for any reason whatsoever", but excludes termination by way of punishment inflicted pursuant to disciplinary action, voluntary retirement, retirement on reaching the age of superannuation, continued ill health and, termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein.
Whether your company issued appointment letters to the workers for every Project separately specifically indicating period of employment linked with the Project? Analyse the situation based on such contract of employment and method of engagement.
Regards
From India, Mumbai
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