Dear Sir,
We are executing an outsourcing work order (Labour Contract) for a Govt department (Skilled and Highly skilled) in Orissa. Regarding the terms and conditions, we have executed the agreement for some factors such as a 1-year term, EMD amount, EMD forfeit conditions, etc. However, we have not mentioned anything regarding holiday details and overtime details in the agreement. Therefore, all the contract employees used to avail the benefits of the Govt applicable to their department.
Recently, a contractual employee suffered from chickenpox and took 12 days of leave. When paying the salary, the concerned government department deducted the 12-day salary as LOP. However, despite working extra hours and even on holidays, the employees are not receiving their extra wage (OT wage). Now, when the contract employee inquires about the matter, we have taken this issue to the FAO (finance-cum-Admin officer) who is in charge. He mentioned that the government is willing to pay the wage but subject to the condition that the contractor (us) must provide evidence of such rules/cases in other government establishments employing contract workers.
Since we have not received the wage for the contractual employee and our service charge is significantly low in executing the project, we are unable to provide the LOP wage to the contract employee from our pocket.
Could anyone provide suggestions or share any cases/proofs for recovering the LOP days' amount from the government based on rules/cases?
We look forward to guidance from the members.
Regards,
Purna Chandra Pradhan
From India, Bhubaneswar
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3We are executing an outsourcing work order (Labour Contract) for a Govt department (Skilled and Highly skilled) in Orissa. Regarding the terms and conditions, we have executed the agreement for some factors such as a 1-year term, EMD amount, EMD forfeit conditions, etc. However, we have not mentioned anything regarding holiday details and overtime details in the agreement. Therefore, all the contract employees used to avail the benefits of the Govt applicable to their department.
Recently, a contractual employee suffered from chickenpox and took 12 days of leave. When paying the salary, the concerned government department deducted the 12-day salary as LOP. However, despite working extra hours and even on holidays, the employees are not receiving their extra wage (OT wage). Now, when the contract employee inquires about the matter, we have taken this issue to the FAO (finance-cum-Admin officer) who is in charge. He mentioned that the government is willing to pay the wage but subject to the condition that the contractor (us) must provide evidence of such rules/cases in other government establishments employing contract workers.
Since we have not received the wage for the contractual employee and our service charge is significantly low in executing the project, we are unable to provide the LOP wage to the contract employee from our pocket.
Could anyone provide suggestions or share any cases/proofs for recovering the LOP days' amount from the government based on rules/cases?
We look forward to guidance from the members.
Regards,
Purna Chandra Pradhan
From India, Bhubaneswar
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As you have said that they are contract labor, they will be covered under the Contract Labor Act of 1970. The service conditions, such as holidays and leave, shall be the same as those of regular workers if the contract workers perform the same or similar kind of work. Otherwise, it is at the discretion of the Chief Labor Commissioner to decide the conditions of service.
Please refer to the Contract Labor Rules of your state for further information.
Regards,
Ravi
From United States
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Please refer to the Contract Labor Rules of your state for further information.
Regards,
Ravi
From United States
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Employee Benefits.doc
Contract Labour Act.zip