Dear Sir
We are executing an outsourcing work order (Labour Contract) for a Govt departemnt (Skilled and Highly skilled) in Orissa and regarding the termas and conditions we have executed the agreement for some factors like term is 1 year, emd amount, emd forefit conditions etc, but we have not mentioned anything regarding holiday details and overtime details in the agreement. So all the contract employees used to avail the benefit of the Govt which is applicable to their department.
Last time one contractual employee has suffered from chicken pox and taken 12 days leave and while paying the salary, the concerned govt dept. has deducted the 12 day salary as LOP, but when ever the employees used to work extra hours and even in holidays, they are not getting their extra wage (OT wage). Now, when the contract employee is asking the us regarding the matter and we have taken this matter to the FAO (finance-cum-Admin officer) who is in charge, he is saying that, the govt is ready to pay the wage but subject to condition that, the contractor (we) have to show the rule / cases of such in any other govt establishemts employing contract workers.
As we have not received the wage of the contractual employee and our service charge is very much low in executing the project, we are not capable of providing the LOP wage to the contract employee from our pocket.
Can any body give any suggestins and if any cases proofs for realising the LOP days amount from the govt by any rules / cases please ??
Expecting guidiance from the members
Regards
Purna Chandra Pradhan
From India, Bhubaneswar
3We are executing an outsourcing work order (Labour Contract) for a Govt departemnt (Skilled and Highly skilled) in Orissa and regarding the termas and conditions we have executed the agreement for some factors like term is 1 year, emd amount, emd forefit conditions etc, but we have not mentioned anything regarding holiday details and overtime details in the agreement. So all the contract employees used to avail the benefit of the Govt which is applicable to their department.
Last time one contractual employee has suffered from chicken pox and taken 12 days leave and while paying the salary, the concerned govt dept. has deducted the 12 day salary as LOP, but when ever the employees used to work extra hours and even in holidays, they are not getting their extra wage (OT wage). Now, when the contract employee is asking the us regarding the matter and we have taken this matter to the FAO (finance-cum-Admin officer) who is in charge, he is saying that, the govt is ready to pay the wage but subject to condition that, the contractor (we) have to show the rule / cases of such in any other govt establishemts employing contract workers.
As we have not received the wage of the contractual employee and our service charge is very much low in executing the project, we are not capable of providing the LOP wage to the contract employee from our pocket.
Can any body give any suggestins and if any cases proofs for realising the LOP days amount from the govt by any rules / cases please ??
Expecting guidiance from the members
Regards
Purna Chandra Pradhan
From India, Bhubaneswar
As you have said that they are contract labor , they will be covered under contract labor act 1970. The service conditions like holiday, leave shall be same as that of regular workmen in case the contract workmen perform same and similar kind of work. In otherwise case it is the discretion of the chief labor commissioner to decide the conditions of service.
Please refer contract labor rules of your state for further information
regards
ravi
From United States
Please refer contract labor rules of your state for further information
regards
ravi
From United States
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