Sir,
If a contractual worker engaged through a contractor has been working for more than 240 days, are they entitled to regularization by the Principal Employer? Is there any Supreme Court verdict or law on this issue? Please quote.
Pradeep
From India, Bhubaneswar
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If a contractual worker engaged through a contractor has been working for more than 240 days, are they entitled to regularization by the Principal Employer? Is there any Supreme Court verdict or law on this issue? Please quote.
Pradeep
From India, Bhubaneswar
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Employee Regularization Under Principal Employer
If any contract employee proves that they have been working under the direct control and supervision of the principal employer, and that the latter interferes in matters connected with wage negotiation and other related matters, and the contract which exists or existed between the contractor and the principal employer has been a sham or just for namesake, then they will be deemed to have the right of regularization. On the other hand, if the contract is not a sham but genuine, then no employee under the rolls of the contractor can claim regularization even if they have been working for more than 240 days or even years.
Regards,
Madhu.T.K
From India, Kannur
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4536If any contract employee proves that they have been working under the direct control and supervision of the principal employer, and that the latter interferes in matters connected with wage negotiation and other related matters, and the contract which exists or existed between the contractor and the principal employer has been a sham or just for namesake, then they will be deemed to have the right of regularization. On the other hand, if the contract is not a sham but genuine, then no employee under the rolls of the contractor can claim regularization even if they have been working for more than 240 days or even years.
Regards,
Madhu.T.K
From India, Kannur
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ESI - Construction site workers.pdf