Dear Seniors,
Greetings of the day!
I need you help regarding contractual employment.we have a housekeeping boy on the payroll of another agency. We want to employ him on contract basis so that we could pay him more in hand salary. As we are IT company comes under Haryana Shop & establishment act now my query is that:
1. Contract employee is entitled for PF, ESI or other benefits?
2. What are the leave policy for unskilled contract employee?
Hoping for your prompt responses. Thanks in advance.
Regards,
Arti (HR)
From India, Delhi
Greetings of the day!
I need you help regarding contractual employment.we have a housekeeping boy on the payroll of another agency. We want to employ him on contract basis so that we could pay him more in hand salary. As we are IT company comes under Haryana Shop & establishment act now my query is that:
1. Contract employee is entitled for PF, ESI or other benefits?
2. What are the leave policy for unskilled contract employee?
Hoping for your prompt responses. Thanks in advance.
Regards,
Arti (HR)
From India, Delhi
Dear Arti,
1. You can employ this housekeeping boy on your roll as contractual employee. He will also be getting these benefits of ESI & PF, if these Acts are applicable to your establishment.
2. He will also be getting all leave benefits as provided to all other employees under The Punjab Shops & Commercial Establishment Act, 1965 as applicable to the State of Haryana.
R.N.KHOLA
(LL&IR)
Welcome Skylark Associates
From India, Delhi
3631. You can employ this housekeeping boy on your roll as contractual employee. He will also be getting these benefits of ESI & PF, if these Acts are applicable to your establishment.
2. He will also be getting all leave benefits as provided to all other employees under The Punjab Shops & Commercial Establishment Act, 1965 as applicable to the State of Haryana.
R.N.KHOLA
(LL&IR)
Welcome Skylark Associates
From India, Delhi
Dear Arti,
It is further to made clear that if this housekeeping boy will be taken by you on your roll then the question of applicability of The Contract Labour ( R&A) Act, 1970 & The Haryana Contract Labour ( R&A) Rules, 1975 does not arise & accordingly he will be not in a position to have any benefit under this Act.
Regards,
R N KHOLA
Welcome Skylark Associates
From India, Delhi
It is further to made clear that if this housekeeping boy will be taken by you on your roll then the question of applicability of The Contract Labour ( R&A) Act, 1970 & The Haryana Contract Labour ( R&A) Rules, 1975 does not arise & accordingly he will be not in a position to have any benefit under this Act.
Regards,
R N KHOLA
Welcome Skylark Associates
From India, Delhi
Hello Sir,
Now I m confused in earlier post you told that he will be entitled for PF & ESI & other benefits but in recent post you write he will not be in a position to have any benefit under this act. Plz clarify & if u dont have any issue plz give me your mobile no.
Thanks & Regards,
Arti Pathak
(HR Executive)
From India, Delhi
Now I m confused in earlier post you told that he will be entitled for PF & ESI & other benefits but in recent post you write he will not be in a position to have any benefit under this act. Plz clarify & if u dont have any issue plz give me your mobile no.
Thanks & Regards,
Arti Pathak
(HR Executive)
From India, Delhi
Dear Arti,
I am saying that Contract Labour ( R&A) Act, 1970 will not be applicable if this housekeeping boy is directly employed by you. In posting guidelines CiteHR management is not allowing us to provide E-mail & telephone numbers. I am again clarifying you that other Acts will be applicable.If your unit is covered under ESI & PF Act then he will also be covered under these Acts.
R N KHOLA
From India, Delhi
I am saying that Contract Labour ( R&A) Act, 1970 will not be applicable if this housekeeping boy is directly employed by you. In posting guidelines CiteHR management is not allowing us to provide E-mail & telephone numbers. I am again clarifying you that other Acts will be applicable.If your unit is covered under ESI & PF Act then he will also be covered under these Acts.
R N KHOLA
From India, Delhi
Dear Arti,
According to sec. 1(4) of the Contract Labour ( &&A) Act, 1970-It applies-
(a) to every establishment in which twenty or more workmen, art employed or were employed on any day of the preceding twelve months as contract labour ;
(b) to every contractor who employs or who employed on any day of the preceding twelve months twenty or more workmen
Regards,
R N KHOLA
From India, Delhi
According to sec. 1(4) of the Contract Labour ( &&A) Act, 1970-It applies-
(a) to every establishment in which twenty or more workmen, art employed or were employed on any day of the preceding twelve months as contract labour ;
(b) to every contractor who employs or who employed on any day of the preceding twelve months twenty or more workmen
Regards,
R N KHOLA
From India, Delhi
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PF query.doc