The Contract Labour(Regulation and Abolition) Act is basically a frame work for regulating employment through contract labour and in some cases abolition of such kind of engagements and it provides for licensing of establishments which employ contract labour (certainly subject to a condition of 20 or more such employees) and getting a firm registered for taking up such kind of works. As such, as far as a contractor is concerned, he is running a service of man power supply and therefore, he is expected to get registration under the Shops and Commercial Establishments Act. Once he comes under the said Act, all the employees under him, whether they work in Factory X or Y, or Shop A or B, will be eligible for all benefits conferred under the same Act, ie, Shops and Establishments Act.
It is only in the context of his legal relationship with the company where his workers are working on contract that he is a "contractor", whereas, his relationship with his workmen will be that of employer and employee. Being so, he is suppose to give leave and other benefits under the Shops Act, Provident Fund as per Employees Provident Fund Act, ESI as per ESI Act and so on. Like leave, nothing is stated in the Contract Labour Act which makes a contractor or principal employer liable to give EPF and ESI. But there is no objection that employees engaged through contractor are to be given PF and ESI. The case of leave also shall be taken in the same manner only.
Regards,
Madhu.T.K
From India, Kannur
4193It is only in the context of his legal relationship with the company where his workers are working on contract that he is a "contractor", whereas, his relationship with his workmen will be that of employer and employee. Being so, he is suppose to give leave and other benefits under the Shops Act, Provident Fund as per Employees Provident Fund Act, ESI as per ESI Act and so on. Like leave, nothing is stated in the Contract Labour Act which makes a contractor or principal employer liable to give EPF and ESI. But there is no objection that employees engaged through contractor are to be given PF and ESI. The case of leave also shall be taken in the same manner only.
Regards,
Madhu.T.K
From India, Kannur
hi we r automobile industry in pune
my problem is that we have paid holiday on 17,18,19 of octomber diwali holiday 2009 for contract worker these worker are working with us only for 180 days. on daily rated system
some worker taken a long leave (ie 17.10 to 20.10, 17.10 to 22.10 or upto 23.10) so should i pay them PH for 17,18 and 19
pl help
From India, Mumbai
my problem is that we have paid holiday on 17,18,19 of octomber diwali holiday 2009 for contract worker these worker are working with us only for 180 days. on daily rated system
some worker taken a long leave (ie 17.10 to 20.10, 17.10 to 22.10 or upto 23.10) so should i pay them PH for 17,18 and 19
pl help
From India, Mumbai
Dear
Under which of the Act or Rules & Regulations you have granted these Holidays to the contract workers? You may examine the conditions for grant of such holidays under the relevant Act for your query.
Regards,
R.N.Khola
From India, Delhi
Under which of the Act or Rules & Regulations you have granted these Holidays to the contract workers? You may examine the conditions for grant of such holidays under the relevant Act for your query.
Regards,
R.N.Khola
From India, Delhi
Can anyone send me the G.O of Sunday is a Paid holiday. It is very urgent on priority. please do needful friends.
From India, Hyderabad
From India, Hyderabad
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Paid Holidays.xls
PAID HOLIDAYS.doc