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I sincerely request you to suggest me in the below issue.......
Madam/sir,
certain employees/labours who took vrs and later rejoined the same organisation on the request of managament, what benifits can they claim from management? Can management directly engage the exemployees as contract labour and curtial thier benifits? Also if the exemployees engage in core work of the organization will they be treated as permanent employees and lastly can they be terminated with out prior intimation? If so, then what would be the implication and consequence if he is a principle employeer and also if he is a contractor?

From India, Hyderabad
Dear Member
You question is not clear enough. Employees who took VRS rejoined the organisation directly or through the contractor ?
If the ex-employees are engaged by the company through the contractor then the provisions of the contract labour act will apply. Please remember that the contract labour act does not have provision of granting permanency but its aim is only to regulate and abolish contract labour.
Regards
Preetam Deshpande

From India, Mumbai
Dear Mr. Satish Malve,

As per CLRA. there are no such distinctions of contract labors as temporary or permanent. Management engages the contract labor after signing a work order with the contractor and the provisions of the CLRA will attract if the contractor has employed 20 or more. Contarct labor are not eligible for any such benefits.

For the employees who are directly hired by the company will benefit the ESI, PF, Bonus and Gratuity. These employees can be directly be engaged by the management. It is uppto the discretion of management, they would like to engage them as their permenant employees in case if these are betrothed in a crucial assignment If these employees are under probation, they can be terminated with immediate effect on the grounds of companies regulation. However, permenant employees should be given the required notice period.

Implication: At the end of the contract the employer terminates the permanent employees they would be eligible for retrenchment compensation and other compliances under the ID Act would be required to be followed for retrenchment.

From India, Visakhapatnam
Hi Preetam Deshpande,
I appreciate for your valueble suggestion. yes, they are directly engaged by company, however only E.S.I benifit is provided to us by the company itself and the I.D card also issued in the name of company. What more benifits can we demand from the company and whom to approach? also they were asked not to come again to work just only a day before(no prior intimation availed)
Regards,
satish malve

From India, Hyderabad
Dear member
Have the ex-employees been issued new appointment letters. If yes then the employees will be considered as new employees for all the purposes and then you will have to refer to the terms and conditions of the appointment letter.
If no such appointment letter was given then there has to be some sort of written communication whereby employment would have been offered. Please refer to those letters and find out what were the terms and conditions of the services.
Based on the terms and conditions of the appointment letter, benefits such as retrenchment compensation, notice period etc. could be determined and asked for.
Regards
Preetam Deshpande

From India, Mumbai
Dear Sharmila Das,
I appreciate for your valueble suggestion.
you quoted that Management engages the contract labor after signing a work order with the contractor and the provisions of the CLRA will attract if the contractor has employed 20 or more.
However, employees didnt and never approached any contractor for work, management requested us to come back for work and issued I.D card by stamping of company seal on it and also E.S.I was provided to us by company itself stamping company seal on it. however later the management says that we were employed through contractor with out our involvement at all. we dont even know who is our contractor as we never approched him and also no documents were signed regarding the contract by the employees.
I request you to suggest on the above issue as can we be considered as contract labour or direct labour employed by company?
Regards
satish malve

From India, Hyderabad
Preetam Deshpande,
thank you, no such appointment letter was availed. It was simply the management called all the exemployees through one of the exemployee. Management said that why you are sitting idle at home, why dont you work here, anyhow you know about the work as you were employees here early and have experience as well. Meanwhile you join the organization and start working here, they assured that they will be availed benifits, . later after working certain months when these employees were asking about the benifits, management rejected it and threatened that if you ask the benifits then you will not be allowed here to work. People who rebelled were laid off from the employement and others were afraid of taking this step. So, what can be done now for the sake of employees who put hard work and labour for the organisation to fetch good profits.
E.S.I was provided by organisation
I.D.card was issued be stamping the organisation seal
with regards,
satish malve

From India, Hyderabad
Dear Mr. Satish Malve,
If the employer has engaged you directly as a contract worker then according to the Contract Labour (Regulation and Abolition) Act, the employer is said to be the primary employer for contract workers (hired for a fixed period of contract). In such cases, the employer is said to register contract workers under PF and ESI registration.

From India, Visakhapatnam
Dear Sharmila Das,
How can a principle employer can directly engage exemployees as contract labours in his organisation without the involvement of third person, is it not against the CLRA act and also how could he involve the employees in the core work of organisation?

From India, Hyderabad
This CLRA is applicable only if the employer complies with the social welfare legislation in respect of such contract workers.
From India, Visakhapatnam

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