Industrial Relations And Labour Laws
Labour Laws & Ir
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Can anyone inform as to what are the paid holidays for casual labourers ?
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What do you mean by casual labour? If you engage workers on a regular basis and their names appear in the muster roll of the company, they are entitled to be paid for all such holidays and weekly offs notified by the company as holidays and weekly offs.
Dear Madhu
I works for a construction company, either the Contract labour or Building and construction act does not specify anything about leave to the contract labours
Whether they are eligible for any kind of leave from the prinicipal employer side
Normally when the contract labour(labour employed by contractor) does not turn up , he is not getting it paid, my doubt is whether the prinicipal employer nees to follow any rules on this or
Whether the contract labourers are eligible for any kind of leave from contractors which the principal employer to insist upon
Kindly clarify
R Sudhakar

Dear Mr.Sudhakar,
If the casual labour is a daily or weekly paid employee for a certain quantum of work for a period of less than 240 days in a year, and the contract is also, on the daily or weekly rated of six or five days in a week, the question of weekly holiday payment will not arise as there is no work on weekly holidays.
Secondly for festival holidays also the same.- on humanitarian basis this is given to them, on seeing the regularity of work. This can be allowed, if the casual worker has continuously worked for 2/3 of the working days immediately preceding the festival holiday.
For National Holiday (or) State Holiday, as May Day, it is payable to the casual worker if he is worked for the prefix and suffix days of the concerned national holiday.
But generally getting ,manpower is now very very difficult, hence the employer is simply paying for the national holidays, if he is either worked on prefix or suffix.
V Ganesan
Hi Ganesh venki
Tks for your clarification, my question is if suppose two category of employees are employed by the company one is permanent and another one is project based or contract based , both are eligble for company holidays (in the sense CL, SL, PL)
Like wise
The contract labour (Employed through ) contractor does they eligible for any kind of CL/SL/PL either from the contractor or from the Principal employer side
Normally they works from 1st to 31st (Including sunday ) and their payment is basically a fortnight payment method
Recently I went for an interview , the above question was asked and I replied there is no such clause of leave (CL/SL/PL) in C&L, B&S acts, but the interviewer informed me that 10 days of leave is eligible and asked me to check out
Once back, I surfed these 2 acts again , but I could not find anything on leave matters.Hence this question
R Sudhakar

My question is , when we engage contract labours, it is the responsibility of the contractors to ensure their discipline and presence
The clarification required is
Is the principal employer anyway bounded to provide any leave to the contract employees (Not a company contract employee) or
Or the contractor is bounded to provide leaves like CL..PL sl

Certainly the contractor has to give leave and other benefits to his employees who are placed in our establishment. However, being the Principal employer, we have to ensure that the contractor is giving his employees leave and other eligible benefits. If we find that a contractor's employee has been working without any off day or if we notice that any leave has been refused to him, we can interfere and direct the contractor to do the needful. Otherwise, his willingness to work will come down and ultimately that will affect our work.
It is not about declared holiday or festival holidays, it is about leave applicable on working day, like the regular employees who apply CL/SL/PL
whether the Casual / contract employees too eligible for any such leave from either the contractor / Prnicipal employer
R Sudhakar

Plz check The DELHI State Industrial Establishment(National &Festival Holiday &Casual and Sick Leave )Rule,1973,
IF you go through the Contract labour act or Building Construction workers act there is no specifc point about leave (Like CL/SL/PL)). Generally if they are are contract labours, they will be bounded by Contract labour act and if it is Building workers they will be bound by B&S act , but both these acts are silent about ( CL/SL/PL) i.e authorised leave to casual workers
Since these sectors will be coming under the Shop&Establishment act, shall we take Shop& Establishment act as the base and implies to the Contractor that they have to adhere to shop&establishment , apart from Contract labour/B&S act
Your urgent views pls

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