Dear All,
I was asked in an interview that, how many leaves can a contract labour working in any establishment(in general) avail in a year?
Then i was also asked how many CL and SL is he entitled for?
From India, Ulhasnagar
2I was asked in an interview that, how many leaves can a contract labour working in any establishment(in general) avail in a year?
Then i was also asked how many CL and SL is he entitled for?
From India, Ulhasnagar
An employee engaged through a contractor will be eligible to leaves as per terms and conditions of service that he has with his employer, ie, the contractor. Being the Principal employer you are not expected to grant any leave to contractor's employee and if you do so, the contract itself could be treated as sham contract!
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Thank you Sir very much for your prompt reply. I have got my answer, but, i would like to know that how many days leave can be granted to a Contract Employee by a Contractor .
From India, Ulhasnagar
From India, Ulhasnagar
As already stated it can vary depending upon the service agreement and the law relating to conditions of service. That is, if the contractor's firm is registered under the Shops and commercial Establishments Act, the Act itself has provided for the service conditions including leaves to be given. On the other hand if Factories Act is applicable, then also there is provided for leave with wages. Shops Act being a State Act, the provision relating to leave may differ from state to state but under Factories Act it is one leave for every 20 days worked in the preceding year provided that the worker had worked in the preceding year at least for 240 days.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
In addition to the above, I present that in State of Andhra Pradesh contract labour (regulation and abolishion) Act 1971 the leave position is as follows: Under conditions of service 10 (a) leave with wages : Every workman who has worked under a contractor during the calender year shall be allowed leave with wages for number of days calculated at the rate of (i) if an adult one day for every 20 days of actual work performed by him (ii) if a young person one day for every 15 days of actual work performed by him. Regards.
From India, Nellore
From India, Nellore
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Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf