Hello everyone,
I am working in an IT firm. I want to know whether an employer can directly employ contract employee or can only employ from third party.
I would request the experts to give suggestions on this.
Thanks,
Chandrika
From India, Mumbai
1I am working in an IT firm. I want to know whether an employer can directly employ contract employee or can only employ from third party.
I would request the experts to give suggestions on this.
Thanks,
Chandrika
From India, Mumbai
Hi Chandrika Jeena
The term "contract employee" itself denotes that the employment or engagement of the employee is through a contractor. Therefore to say that the employer can directly employ a contract employee is a misnomer. My surmise is that you are referring to a case where the employer engages an employee for a fixed period, that is the appointment order would indicate the date on which the appointment would come to an automatic end. This type of employee is called a "fixed term employee".
V.HARIKRISHNAN
Joint Commissioner of Labour (Retired)
Government of Tamilnadu
Labour Law Consultant
Chennai
From India, Madras
The term "contract employee" itself denotes that the employment or engagement of the employee is through a contractor. Therefore to say that the employer can directly employ a contract employee is a misnomer. My surmise is that you are referring to a case where the employer engages an employee for a fixed period, that is the appointment order would indicate the date on which the appointment would come to an automatic end. This type of employee is called a "fixed term employee".
V.HARIKRISHNAN
Joint Commissioner of Labour (Retired)
Government of Tamilnadu
Labour Law Consultant
Chennai
From India, Madras
Hello Sir, please will you tell me the responsibility and duties of principal employer for contract employees.
From India, Gurgaon
From India, Gurgaon
Dear Sir
In the case of contract employees, the Principal employer has to ensure that the contractor complies with all the statutory requirements regarding hours of work, payment of wages, weekly holidays, national and festival holidays, minimum wages etc. In addition the principla employer has to ensure the requirements of health and safety under the relevant Acts which is applicable to the establishment. In case the contractor defaults in anyof his statutory obligations, then the Principal employer could comply with the statutory requirement and then recover the cost from the contractor.
V.HARIKRISHNAN
Joint Commissioner of Labour (Retired)
Government of Tamilnadu
Labour Law Consultant
Chennai
From India, Madras
In the case of contract employees, the Principal employer has to ensure that the contractor complies with all the statutory requirements regarding hours of work, payment of wages, weekly holidays, national and festival holidays, minimum wages etc. In addition the principla employer has to ensure the requirements of health and safety under the relevant Acts which is applicable to the establishment. In case the contractor defaults in anyof his statutory obligations, then the Principal employer could comply with the statutory requirement and then recover the cost from the contractor.
V.HARIKRISHNAN
Joint Commissioner of Labour (Retired)
Government of Tamilnadu
Labour Law Consultant
Chennai
From India, Madras
Dear Sir, Can you brief for how long a person be a "fixed term employee". Regards, Tanmaya Panda
From India, New Delhi
From India, New Delhi
Hi Chandrika,
An employer can directly employ a contract employee. But he should take care of his ESI, PF i.e statutory needs.
If he is employes thru contractor, he will take care of statutory requirements.
Regards
Raghav
From India, Bangalore
An employer can directly employ a contract employee. But he should take care of his ESI, PF i.e statutory needs.
If he is employes thru contractor, he will take care of statutory requirements.
Regards
Raghav
From India, Bangalore
Dear Mr.Tanmaya Panda
The laws as they stand now do not prescribe the time limit for which a person can be employed as a fixed term employee. However, the fixed term cannot be unreasonably long so as to give the impression that the employer by engaging an employee on fixed term is trying to circumvent the laws.
From India, Madras
The laws as they stand now do not prescribe the time limit for which a person can be employed as a fixed term employee. However, the fixed term cannot be unreasonably long so as to give the impression that the employer by engaging an employee on fixed term is trying to circumvent the laws.
From India, Madras
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Contract employee & Principal employer 2017.pdf
EMPLOYEE CONTRACT.docx