girimaddukuri
4

Deputy Manager (HR)
Dear Sir,
I have the following doubts regarding the contract labour.
1. Can the contract labour take members in the employees union?
2. In our organisation there are 42 contractors. If the workers from all these contractors form a union, to who they will submit their charter of demands? and what is the role of principal employer?
Kindly clarify the above please.
Regards
GIRI

From India, Hyderabad
1. Can the contract labour take members in the employees union? - Yes
2. In our organisation there are 42 contractors. If the workers from all these contractors form a union, to who they will submit their charter of demands? and what is the role of principal employer? - Do you have Certified Standing Orders if yes are the contract workers are excluded from the provision of the Certified Standing Oders if yes then these Contract Labours have to prove before the Competent Authority that there are workmen under Section 2 s of ID Act then only Principal Employer will come into picture otherwise Only Contractor will be deemded as Employer to Contract Workers

From India, Pune
dear sir
The contractual employees can form their own union and they shall submit their charter of demands to their respective employers. However, since they are wor,king in your organisation, it is your duty in your own interest to have a dialogue with the contractors about the demands without interfering in their negotiations. YKou need to monitor the progress as it may affect the smooth functioning as also the general IR situation.

From India, Pune
snsitaram
36

AGM (P&A)
While agreeing with the above, It appears your question is whether they can join employees union. If it is so, I feel it is NO. They may form union and become members of such union.
They need to submit charter of demands to contractors ( their employers) only, but in practice they are giving copy of the same to principal employer also. However, as our colleague said, principal employer need to monitor in his own interest.

From India, Hyderabad
Amjad Ali Anjum
1

A function of HRM
Dear Friend
According to The ILO every employ/person has fundamental right to form or participate or to get member ship in any union in any organization and every country has constitutionally allowed to exercise this fundamental right.
In one organization where different contractors are performing easliy Labour Union can be formed and registered.
A main body (Panel) can be constituted for infrastructure like:
President form contractor No.1
Vice President form Contractor No.2
General Sectary form Contractor No.3
Finance Sectary form Contractor No.4
Sectary information form Contractor No.5
and so on.
every employee for every employer can get member ship and charter of demand is the responsibility of elected or selected body to present to the employer.
Amjad Ali Anjum
HR & Administration Professional

From Pakistan, Islamabad
Dear Member
Of course contract labours can join Union of regular employees or any such union who has been registered.
The union can not raise demands pertaining to CL before Principal employer. However unions adapt tactic to include name of Principal employer as one of the party to the disputes in matters of their demands and thus how Principal Employer should be concerned with all such moves of CL.
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65

From India, Mumbai
umakanthan53
5128

Labour law & HR consultant
Dear Giri,

(1) A contract labor, by the fact that he is employed in the same industry to which the trade union is connected, can seek membership in the employees union provided the bye-laws or the rules of the union permits the same.

(2)Yes; all the contract labor engaged through the 42 contractors can form a separate trade union if they so desire.But they can address their charter of demands,if any, technically to the contractors only.However, it will be a sticky situation and the principal employer cannot be a silent spectator as some of the members 've already pointed out.The reasons are very simple ones --- (a) a certain demands may have pecuniary repercussions while others may be relating to statutory compliance (b) the deterioration in the relationship between the contractors and their labour may have adverse impact on the functioning of the principal's establishment.(c) the State Administration will not allow the principal employer scot-free on technical grounds.Hence, the role of the principal employer is not different from that of a situation created by his regular workmen and he has to act as expeditiously as possible to remedy the situation -- o.k?

From India, Salem
Points as mentioned by the addnl Commissioner are 24 carat gold,
Regarding the second half of his comment that -"it will be a sticky situation and the principal employer cannot be a silent spectator as some of the members 've already pointed out.The reasons are very simple ones --- (a) a certain demands may have pecuniary repercussions while others may be relating to statutory compliance (b) the deterioration in the relationship between the contractors and their labour may have adverse impact on the functioning of the principal's establishment.(c) the State Administration will not allow the principal employer scot-free on technical ground"
The catch 22 can be well addressed and catered in the agreement between the contractor and the company hiring the services of contractor, including. WC.

From India, New Delhi
consultme
182

Agile Solutionist
Suggesting to consult your Legal Advisor immediately
1. Try best to avoid contract workmen joining company union by placing necessary clauses in standing orders. May be later for Long term settlements with regular workmen, this can create hassles.
2. It is not company's affair to manage the charter of demands of contract workmen. Instead it is the task of their principal employer

From India, Bangalore
skhota
17

Head-HR,Prominerals Pvt. Ltd,Basantpur,Keonjhar
To
Mr.Umakanthan.M,
Dear Sir,
Can you please enlighten me as to whether a non-workman president of an unregd trade union can espouse the cause of contract labourers in any proceeding under IDAct or file WP in High Court ?
Regards,
skhota

From India, Calcutta

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