Dear Friends,
A few days ago, one of our esteemed cite HR members, Mr. Anshuman, requested me to address certain questions related to Contract Labour. Since all the questions appear to be quite relevant, I believe it is appropriate to share the answers to all the questions with the cite HR community, as it could provide valuable clarification on certain Contract Labour issues that every HR professional would find useful. I look forward to your feedback.
Regards,
Anil Kaushik
Chief Editor - Business Manager - HR Magazine
B-138, Ambedkar Nagar, Alwar-301001 (Raj.) India
Email: bmalwar@yahoo.com
Mobile: 09829133699
From India, Delhi
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181A few days ago, one of our esteemed cite HR members, Mr. Anshuman, requested me to address certain questions related to Contract Labour. Since all the questions appear to be quite relevant, I believe it is appropriate to share the answers to all the questions with the cite HR community, as it could provide valuable clarification on certain Contract Labour issues that every HR professional would find useful. I look forward to your feedback.
Regards,
Anil Kaushik
Chief Editor - Business Manager - HR Magazine
B-138, Ambedkar Nagar, Alwar-301001 (Raj.) India
Email: bmalwar@yahoo.com
Mobile: 09829133699
From India, Delhi
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Dear Anil,
I wish to know a brief description of HR Magazine. Could you please forward the contents of HR Magazine and subscription details through any soft copy to this email address: srihariraju.n@saiadvantium.com.
Thanks and Regards,
Sreehari
From India, Pune
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I wish to know a brief description of HR Magazine. Could you please forward the contents of HR Magazine and subscription details through any soft copy to this email address: srihariraju.n@saiadvantium.com.
Thanks and Regards,
Sreehari
From India, Pune
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Dear Mr. Kaushik,
The clarification provided by you in the form of questions and answers on engaging contract labor, along with the case laws, is very knowledgeable for our HR professionals. Thanks for the posting.
ANIL KHOT
From India, Mumbai
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The clarification provided by you in the form of questions and answers on engaging contract labor, along with the case laws, is very knowledgeable for our HR professionals. Thanks for the posting.
ANIL KHOT
From India, Mumbai
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Dear Friend, It is very informative and useful to those who employs contract labour. Regards, G.K.Manjunath
From India, Bangalore
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From India, Bangalore
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Excellent information for HR professionals. very handy in dealing with recruitment affairs. Regards, Tariq Pervaiz TradeKey
From Pakistan, Karachi
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From Pakistan, Karachi
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Excellent information clarified a lot of doubts. Could you also shed some light on "fixed-term employment in terms of:
a. Can a whole facility consist of fixed-term contract workers?
b. Is it applicable for the employment of all workers, for example, in a cut and sew factory, or limited to some workers specialized in particular operations?
From United States, San Francisco
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a. Can a whole facility consist of fixed-term contract workers?
b. Is it applicable for the employment of all workers, for example, in a cut and sew factory, or limited to some workers specialized in particular operations?
From United States, San Francisco
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Dear Mr. Anil,
Could you please share the amendments made by the Andhra Pradesh Government in the CL Act in 2003 regarding the clarification of jobs/activities in connection with their perennial nature of work?
Regards,
Rahul Bagale
From India, Mumbai
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Could you please share the amendments made by the Andhra Pradesh Government in the CL Act in 2003 regarding the clarification of jobs/activities in connection with their perennial nature of work?
Regards,
Rahul Bagale
From India, Mumbai
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Dear,
The State amendment of Andhra Pradesh in 2003 introduced a clause restraining the employment of Contract Labour in core activities of any establishment if the same was prohibited by Notification. However, it introduced the following exemptions:
[a] The normal functioning of the establishments is such that the activity is ordinarily done through contractors; or
[b] The activities are such that they do not require full-time workers for the major portion of the working hours in a day or for longer periods, as the case may be;
[c] Any sudden increase of volume of work in the core activity which needs to be accomplished in a specified time.
The Andhra Pradesh Amendment also introduced a definition clause for "core activities" of an establishment, meaning any activity for which the establishment is set up, which includes any activity essential or necessary to the core activity. It provides certain exceptions as follows:
1. Sanitation works, including sweeping, cleaning, dusting, and collection and disposal of all kinds of waste;
2. Watch and ward services, including security service;
3. Canteen and catering services;
4. Loading and unloading operations;
5. Running of hospitals, educational and training institutions, guest houses, clubs, and the like where they are in the nature of support services of an establishment;
6. Courier services which are in the nature of support services of an establishment;
7. Civil and other constructional works, including maintenance;
8. Gardening and maintenance of lawns, etc;
9. Housekeeping and laundry services, etc., where they are in the nature of support services of an establishment;
10. Transport services, including ambulance services;
11. Any activity of intermittent in nature even if that constitutes a core activity of an establishment; and
12. Any other activity which is incidental to the core activity.
Additionally, a rider was introduced by the Andhra Pradesh Amendment that the above 12 activities by themselves should not be the core activities of such establishment.
It is important to note that the Andhra Pradesh Amendment is enforceable only in Andhra Pradesh State and not in the rest of the country.
With Regards,
Advocates & Notaries & Legal Consultants
Email: rajanassociates@eth.net
9025792684.
From India, Bangalore
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The State amendment of Andhra Pradesh in 2003 introduced a clause restraining the employment of Contract Labour in core activities of any establishment if the same was prohibited by Notification. However, it introduced the following exemptions:
[a] The normal functioning of the establishments is such that the activity is ordinarily done through contractors; or
[b] The activities are such that they do not require full-time workers for the major portion of the working hours in a day or for longer periods, as the case may be;
[c] Any sudden increase of volume of work in the core activity which needs to be accomplished in a specified time.
The Andhra Pradesh Amendment also introduced a definition clause for "core activities" of an establishment, meaning any activity for which the establishment is set up, which includes any activity essential or necessary to the core activity. It provides certain exceptions as follows:
1. Sanitation works, including sweeping, cleaning, dusting, and collection and disposal of all kinds of waste;
2. Watch and ward services, including security service;
3. Canteen and catering services;
4. Loading and unloading operations;
5. Running of hospitals, educational and training institutions, guest houses, clubs, and the like where they are in the nature of support services of an establishment;
6. Courier services which are in the nature of support services of an establishment;
7. Civil and other constructional works, including maintenance;
8. Gardening and maintenance of lawns, etc;
9. Housekeeping and laundry services, etc., where they are in the nature of support services of an establishment;
10. Transport services, including ambulance services;
11. Any activity of intermittent in nature even if that constitutes a core activity of an establishment; and
12. Any other activity which is incidental to the core activity.
Additionally, a rider was introduced by the Andhra Pradesh Amendment that the above 12 activities by themselves should not be the core activities of such establishment.
It is important to note that the Andhra Pradesh Amendment is enforceable only in Andhra Pradesh State and not in the rest of the country.
With Regards,
Advocates & Notaries & Legal Consultants
Email: rajanassociates@eth.net
9025792684.
From India, Bangalore
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