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Dear all Can we appoint/hire cont. worker to achieve production target during strike of our worker ? Discuss this matter. From Raju Shriname
From India, Chicalim
Presently Working As Dy Manager Hr &
K C S Kutty
Labour Laws
+1 Other

K C S Kutty

Since you wanted a discussion on the topic, please read Item No. 6 of the FIFTH SCHEDULE OF Industrial Disputes Act 1947 which reads as follows " 6. To abolish the work of a regular nature being done by workmen, and to give such work to contractors as a measure of breaking a strike". You may also read Section 25T and 25U of the said Act coming under Chapter V-C Unfair Labour Practices.
From India, Madras
K C S Kutty

What I have mentioned is engaging contract labour with an intention of breaking a strike is an Unfair Labour Practice by the employer under Fifth Schedule of the ID Act. Again Section 25T is on Prohibition of unfair labour practice and 25U is Penalty for committing unfair labour practice.
From India, Madras

Dear KCS Kutty sir,
Most of the MNCs now are running factories with contract workers on regular nature of works. Workers are being getting relieved on Voluntari resignations, Forced resignations, death and retirement separations are not getting filled in now-a-days. There is no single check from Inspector of factories or Union Leaders are also not bothered. This is the present scenario in MNCs with less pay more out put concept.
Regards==S Rao / Hyderabad

From India, Hyderabad
K C S Kutty

Thank you very much Shri Subbaraoji for updating me with the latest developments.
My reply to the post is regarding the legal issue of engagement of contract labour during a strike of regular employees. I have quoted the provisions in the Industrial Disputes Act 1947. It is upto that member whether to follow or not.
The issue raised by you regarding contract employment which is coming under "Contract Labour (Regulation and Abolition) Act 1970. Legally, there are regulations (and not ban) in India in engaging employees on contract basis to ensure non-exploitation, safety and welfare.
Those who have grievances can get it redressed through collective bargaining, various grievance redressal system and legal forums. If any authority empowered to enforce fails, it also can be questioned, using RTI Act onwards.
I appreciate your words.

From India, Madras
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