sidhu1972 Started The Discussion:
Casual is for shorter term, less secure and irregular than temporary!
In Indian context casual is more applied when the nature of work is seasonal
From ILO – http://www.ilo.org/public/english/bu...rs/1999/dp104/
“Casual workers The use of temporary contract labour (or subcontracting) is growing as the need for flexibility in human resources is recognized by Israeli employers. No reliable data are available on the phenomenon in general or on the scope of employment through temporary manpower agencies. However, recourse to casual or temporary labour is known to be very widespread in the private sector.(Endnote 35) The public service sector and the government are also important users of labour contracted through temporary employment agencies. The government has refused to engage in negotiations with the Histadrut over the employment of temporary labour in the public administration despite the effect of this practice on established labour relations. In Israel, this arrangement does not appear to represent a short-term solution to labour shortagesand a "temporary worker" may be employed for indefinite periods of time”
a. Regular Employee
An employee who has completed the probationary period or who has served twelve (12) continuous months as a temporary employee.
b. Probationary Employee
An employee who is serving a probationary period in a regular position to determine his suitability as a regular employee
c. Temporary Employee
A person who is hired to fill a specific work requirement which is anticipated to be of limited duration
d. Casual Employee
A person hired to fill a specific work requirement, which will not exceed thirty (30) assigned days of work
“Casual work was intended to allow room for employers in certain industries to deploy labour for short-term irregular work demands. Under temporary casual employment, an individual is engaged to work for a short period (perhaps one or two days) and may be re-engaged repeatedly, at intervals. With ongoing casual employment - more common with students and young graduates - engagement is on an hourly or daily basis but it is ongoing, with some expectation of regular work.”
“under section 4 of the Employment of Labour (Standing Order) Act 1965 workers have been classified as apprentices, badlis casual, permanent, probationer and temporary…
The term temporary worker as defined in section 2(s) of the Employment of Labour (Standing Orders) Act, 1965 means "worker" who has been engaged for work which is essentially of a temporary nature and is likely to be finished within a limited period’’
“Casuals can be defined as workers who are employed as and when required and as such have no legal entitlement to security of employment or leave and other benefits enjoyed by permanent employees
The Oxford English dictionary's illustrative quotation, from 1923, is Casual labor: “Unskilled help, employed and discharged at frequent intervals, and dependent upon the varying demand of the labor market from day to day, without any prospect of continuous employment.”
“Casual Employees: A simple way to consider the matter would be to say that a casual employee is one who only works from time to time or, where casual services are provided on request geared to the needs of an employer confronted with uncertainties about the firm's operations or where there is no predetermined schedule of work”
“Temporary employment as defined by the LFS includes those on fixed term contracts, agency workers, casual and seasonal work, and other forms of non-permanent contract”
For Indian Industry, Industrial Employment (Standing Orders) Act 1946 and the Model Standing Orders framed thereunder, are the benchmark. Even when this act is NOT applicable these norms stipulated by the Act have general acceptance by the concerned. Under these provisions the difference between the two is evident when one looks at the mere definitions. I reproduce the definitions hereunder:
(3) (d): "Temporary Workman" means a workman who has been appointed for a limited period for work which is of an essentially temporary nature and who is employed temporarily as an additional workman in connection with temporary increase in work of permanent nature.
(3) (e): "Casual Workman" means a workman who is appointed for any work which is not incidental or connected with the main work of manufacturing process carried on in the establishment and which is essentially of a casual nature.
One deals with work of the establishment-though for the temporary increase and warrants the employment to be essentially for a temporary nature.
The other deals with work which is NOT incidental or connected with the main work of the establishment and warrants the employment should be of essentially of a casul nature (like special cleaning drive, decoration for some function etc.
Incidentally the law applies to all establishments employing more thn 50 workmen on any day during the past twelve months and just in case one overlooks the fact, in Maharashtra it also applies to establishments covered by Shops & Commercial Establishments Act by virtue of Sec 38-B if they employ more than 50 employees.
Trust the information will be useful to all.
September 9, 2006
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Topic Categories >> casual employment standing orders temporary employment manpower agencies public administration establishments act model standing orders contract labour english dictionary Location-India-Bangalore
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