Contract Employees Leave Issues - CiteHR
Bijay_majumdar
Freelancer
+1 Other

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A security vendor appointed been paying to its employees as per the minimum wages of the state. In addition, he is paying some amount towards Leave Encashment and Bonus monthly. The vendor resources has to attend duties for all the days of the month i.e. 30 or 31 days.
My humble query is that -
1. Can a vendor call its resources thru-out the month?
2. Is denying weeking-off or rest-day in this case is an offence?
3. Can the vendor compensate the employees @ single the rate?
4. Not objecting the practices of vendor is the principle employer guilty?
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Dear Umakanth, You security Contractor has to provide the required weekly off. As per the statutes the contract employee has to get one day of off per 6 working days. contractor cannot call them to work daily. If they performs any OT they has to be paid with double the wages. It is an great offence if the contractor has not paid the double the wages for OT. In case any labor inspection held from the government dept the principle employer will be held responsible and the notice will be served in the name principle employer.
Hi Mr. Umakant,

Contractor agency is supposed to abide by all the labour laws and statutes as applicable to he company.It is also true that any lapse or failure on part of these statutes by the contractor is offence, but the principal employer will be served notice and not the contractor.As regards to guards weekly off, yes, the weekly off is applicable but then the relievers must be appointed to fulfill the requirement and principal employer is supposed to pay against such relieving duties.

It is therefore principle employer who will be held responsible for this and the contractor has to abide by all the necessary statues as per the law under the terms af agreement mutually agreed between the parties. Contractors who dont follow these terms of agreement should not be awarded with the contracts.

If you are aware, the security services fall under - Private security agencies act 2005.Which elaborates and has empowered the states to enforce the laws and other enactments to ensure the welfare of the employment in this industry.

Thanks

Bijay.
Dear Umakant,
Please check whether the Security Vendor is certified by concern Govt. Dept... e.g. DGR Sponsered Security agecncies.. which have their own guidelines in this connection... where they follow all the rules and regulation laid by appropriate Govt. Also, provides Relievers on weeekly off, leave to maintain security stafff as per contract.. Hence, you will avoide exploytation of ur security staff and if any, being principle employer you may ask to concerned vendor and report to DGR Board about the misconduct by the agency...
Hope this will minimize your problem...
.....
Namrata
Hi Namarat Ji,
DGR Only sponsors the security agency and aims to provide support services for resettlement of retired personnel and thus it does not have any direct involvement with the cliets as such.Secondly If at all they have involvement through sponsored agency, it may be able resolve the issues with in the purview of the PRIVATE SECURITY AGENCIES ACT and any such act governed by the state which have control over the Private security agencies Like the one enacted in Maharashtra namely - Maharashtra Private Security guards (Regulation of employement &Welfare)Act 1981.
Whatever the case may be Contract agencies are also bound to abide by the labour laws and principal employer is responsible to ensure this.
Thanks.
Bijay
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