Consultant & G.m.
Retired From Air India
Rajesh Kumar Dubey
Manager - Hr
Business Development Officer
For example a worker in Factories act includes contract worker as well and they are eligible for one day paid leave for 20 days worked, They also must have completed 240 days or 2/3 rd of the working days.
Similarly the provisions in shops and Establishments act are applicable in such establishments where contract employees are engaged
Similarly National and Festival Holidays are applicable to them as well.
If an organisation is extending more benefits, then those benefits need not be extended.
Contract workmen are eligible to all statutory benefits. The only difference between a contract workmen and regular employee is that the benefits over and above the statutory benefits extended to regular employees are not applicable to these employees.
Even this interpretation is not 100% correct as there are many employments which are banned by concerend State Govts from engaging contract workmen.
17th February 2013 From India, Chennai
Thanks alot or your guidence.I have one another query please suggest and share if any circular or rule for this??
"A contract employee have right or can appeal for permannent job with principal employer after some period of continue service as contract employee under principal employer."
17th February 2013 From India, Gurgaon
Legally, if an employment has not been prohibited by State Govt for employment of contract workmen, then the Company can engage contract workmen and they have no right to claim permanent status with Principal Employer.However, if the employment has been prohibited, he can claim permanent status .
I would always recommend in a manufacturing set up to maintain around 20 percentage contract workmen and 10% temporary workmen paying them the minimum wages. If vacancies arise, give these employees due credit in calling them for interview. Let me also caution that this is an area where nepotism and malpractices are at the highest in factories.
I may not have answered completely your query, but I hope this would have given some insight
18th February 2013 From India, Chennai
Please check Gujarat state shops & establishment act/rules for your guidances.(Though there is no separate Gujarat Act, the Bombay Shops & Estt. Act 1948 applies to Gujarat as well.) The Gujarat Government indicates that establishments that are not covered under the factories act have to be registered under the Shops & Establishments Act.
The gist of the act is attached for your ref.
18th February 2013 From India, Bangalore
I am working in a central crpn turned a wholly owned govt of india ltd. company.For last couple of years we have started recruiting contract rated staff doing the same job done by permanent staff.However such contract staff get only 8days holiday for religious/national festivals whereas the permanent staff get 15 such holidays.Is it legally correct ?
18th February 2013 From India, New Delhi
Please tell me the State and you will get the right response
19th February 2013 From India, Chennai
Thanks for sharing your views.
Actually I am in the same situation i.e on third party payroll which has ended up in Jan 2013
but still there is no communication between the company and third party co.
Is it necessary to get the person on the roll when there is appraisal going on or whenever the contract period ends.
Please guide me as I am very confused.
19th February 2013 From India, Pune
Although I am in West Bengal but our operations are all India basis and the number of national holidays are same.Only the festivals are different.For example Onam in Kerala and Durga puja over here.Can it be as a result of management/union agreement ?
19th February 2013 From India, New Delhi
It also could vary based on settelements
22nd February 2013 From India, Chennai
#Anonymousis it mandatory to pay contact workers on 26th Jan, 1st May, 15th Aug and Diwali?? I am from Maharashtra.
29th September 2016 From India, Nasik
We Are contactual labour on ESIC sub regional office Barrackpore. We are a housekeeping labour last 9 to 10 years and working this place. Our mother employer is ESIC sub regional office Barrackpore .it is the Central Government office. Each year tender open or extended for behalf of service provider or service agency got a tender. Every two or three years after service provider will be changed but we are on working in same place as a housekeeping. Our question is that we are eligible for a graduity and also we are appeal for permanent post for this Central Government office as a housekeeping staff of safaiwala.
Please help us for which is the better way for our future. If we are eligible for appeal for permanent post where labour Court, judgement Court or Labour Department of Central Government.
14th April 2017 From India, Kolkata