Pragnaa HR Compliance Services
Pragnaa Shree Venture India Pvt. Ltd
Asst. Manager Compliance
Statutory Complaince/labour & Employment
Since the contract employees are getting salary through Minimum wages (present working day/month), So the shop & Establishment Act of TN also will applicable for them.
one more clarification
And clearly What are the labour laws acts will applicable for the above said contract employees who working under PSU in Madurai Tamil Nadu.
13th July 2012 From India, Madras
13th July 2012
Pls note the applicability of major allied Acts...
1) National & Festival Holidays Act
2) EPF / ESI Act
3) Employees Compensation Act
4) Labour Welfare Fund Act
5) Professional Tax Act
6) Maternity Benefit Act
7) Minimum Wages Act
8) shops & Establishment Act
13th July 2012 From India, Chennai
It is a under factory act 1948.
Please follow the below instruction :
(1) Every worker who has worker for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of-
(i) if an adult, one day for every twenty days of work performed by him during the previous calendar year ;
(ii) if a child, one day for every fifteen days of work performed by him during the previous calendar year.
Thanks & Regards
14th July 2012 From India, Kolkata
Contract Labour Act 1970 is the independent act which governs the terms and condition of employment of contract labours, however there is no provision of leave & holidays given in the contract labour act, in that case leave rule will be applicable to these labour under which act the contractor has registered its firms, it might be registered uder shop and establishment act, in that case leave rules of shop and establishment will be applicable to these employees.
14th July 2012 From India, Mumbai
Your establishment, if it is a factory as defined under the Factories Act, the workmen employed therein whether they are regular employees or are engaged through a contractor, are covered by the provisions of the Factories Act. According to the provisions of the Factories Act no adult worker could be required to work on the first day of the week(Section 52). That is they have to be given a weekly holiday. Apart from this provision every adult worker is entitled to annual leave with wages according to the scale prescribed under section 79 of the Factories Act. You say that the contract workers are paid according to the provisions of the Minimum Wages Act, Your post is not clear as to what is the employment under which you have brought them under the Minimum Wages Act. Please see the notification issued under the Minimum Wages Act for this employment. If this notification says that workmen employed in such employment are to be given weekly holiday with wages, then you will have to pay the wages for the weekly holidays allowed under the Factories Act. If your establishment is covered by the ESI Act, the contract employees will also get the benefit of such coverage.
14th July 2012 From India, Madras
Traditionally, in our factory, we have been giving leaves in the following manner to the staff (supervisory) cadre: 30 PL, 7 SL if covered under ESI else 12, 12 CL. Now, for certain flexibility in taking leaves, we want to change the leave policy and give 33 Consolidated Leaves (which will be working day leaves) and 7 SL if covered under ESI else 12.
The Model Standing Orders say that:
Casual and sick leaves should be provided to all workmen. CL more than 2 days cannot be taken. Medical certificate needs to be produced if more than 2 SLs at a stretch taken. PLs need to be provided as per Factories Act.
What is the rationale behind the above? And will there be a problem if we revise the leave policy since we are wanting to do it for the benefit of the employees?
3rd January 2013 From India
You said----- The contract employees in Madurai are working in PSU(LPG Plant) under housekeeping and handling contract and they being paid by minimum wages act (Day salary). Right----
1. LPG Plant means factory it's come under the factory definition. that means contractual employees come under the factory act.
17th January 2013 From India, Kolkata