Please advice me...
If any contractor engaging his labours through contract, who are working with him since last 4 to 5 years and which is continuation in nature. Is there any obligation for any contractor or ultimately principal employer to designate these labours as 'permanent' or to provide all the benefits as the permanent labours getting?
If any worker is continuously working with any contractor for more than 180 days, is the contractor bound to make him as 'Confirm' or 'Permanent'?
Please clear this...
Atul
atulsmalve26yahoo.com
From India, Sholapur
23If any contractor engaging his labours through contract, who are working with him since last 4 to 5 years and which is continuation in nature. Is there any obligation for any contractor or ultimately principal employer to designate these labours as 'permanent' or to provide all the benefits as the permanent labours getting?
If any worker is continuously working with any contractor for more than 180 days, is the contractor bound to make him as 'Confirm' or 'Permanent'?
Please clear this...
Atul
atulsmalve26yahoo.com
From India, Sholapur
Dear Atul,
There is no specific provisons made for contract labour for permanency on job. The Contrat labour itself is regualte or abolish as per job required in establishment. But contractor need to provide welfare amenities to his labour as facilitated to permanent workmen like leave, canteen, rest rooms, latrines, drinking water etc. Pl. refer Contract Labour Act. if Contractor is unable to provide necessary amenities, then it is liability of Principal Employer to provide the same.
About 180 days working in one establishment. The Principal Employer urge Contractor to rotate his labours. If the groups of labour engaged for job for whole year in one establishment, there are chances of permanency claim in establishment from labour. I have came accross several permanency claim in my career. The Employer must be careful.
The Employer should not directly pass instructions to labour. The Contractor or his Supervisor should be mediator. The labour should not feel that they are part & parcel of Principal Employer.
regs,
Bhushan Dahanukar
From India, Mumbai
There is no specific provisons made for contract labour for permanency on job. The Contrat labour itself is regualte or abolish as per job required in establishment. But contractor need to provide welfare amenities to his labour as facilitated to permanent workmen like leave, canteen, rest rooms, latrines, drinking water etc. Pl. refer Contract Labour Act. if Contractor is unable to provide necessary amenities, then it is liability of Principal Employer to provide the same.
About 180 days working in one establishment. The Principal Employer urge Contractor to rotate his labours. If the groups of labour engaged for job for whole year in one establishment, there are chances of permanency claim in establishment from labour. I have came accross several permanency claim in my career. The Employer must be careful.
The Employer should not directly pass instructions to labour. The Contractor or his Supervisor should be mediator. The labour should not feel that they are part & parcel of Principal Employer.
regs,
Bhushan Dahanukar
From India, Mumbai
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January'14 to June'14- Contract Labours.pdf