Contract Labour Claiming A Job For Him As An Employee - CiteHR
Saswatabanerjee
Partner - Risk Management
Ziongroups
President/cmd/ceo
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Loginmiraclelogistics
Asso.prof.(commerce & Management) Pg
+4 Others

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Hello,
This is satya and working in a government factory. Till yesterday there is no problem but it is now and that is there is a contractual labour working as an computer operator for 2 years near my boss and he was handling all official jobs which are of permanent in nature. So i and my colleageous were impressed with his work and gave him a experience certificate. Now i came to know that he is asking for permanent job, and he is saying that he has got the experience certificate with him now and he also have a gatepass in which it is written to allow him for the first time for typing testing. So it proves that he was taken interview before joining and his doing the work under an Manager and not as per the instructions of Contractor. So, Please give me a better solution to get rid of this labour.
Thanking you

What is your procedure for giving Experience Certificate ???
Under what circumstances is Experience Certificate issued ??
Are there any requirements that need to be fulfilled when one applies ??
Are you competent to issue it on our own ??
or do you need to take approval from some senior before issuing it ???

Actually Experience certificate should be given by Contractor as he is working under him. But i have given him and it proves that he is working under me.
Experience certificate is issued to us by HR department only on written request.
As he is working under me i thought of giving a certificate in our company letter pad with duly stamped with my name and designation.
There is no need of taking any approval but later i came to know that Vigilence has said not to issue any type of experience certificate to contractual labour.

Dear friend

You are lucky that Management is not taking any action against you for issuing the certificate.

Had you taken approval; then your request for approval would not have been acceded to; as your seniors are well aware of the implications. As you have rightly pointed out now that the experience certificate should have been issued by the Contractor.

As things stand; the person has also retained the

"gatepass in which it is written to allow him for the first time for typing testing."

This proves that the Principal Employer had a say in the selection of the contractual employee.

Moreover, he has been working for 2 years continuously; which is also proved by your certificate.

Your question is :

"So, Please give me a better solution to get rid of this labour."

Unfortunately for you; as things stand, if the person goes to the Court, an order in his favour shall be passed; as it is very much clear that it is a "sham" contract and the worker is working direct under the Principal Employer.

This is the view that Courts have general taken with ref. to the Contract Lanour (Regulation and Abolition) Act 1970.

The only recourse available to your company is to delay the matter by appealing to higher courts of judiciary.

Anyway, you should be happy that you shall be blessed by him and his family for helping him getting his job regularized.

Warm regards.

Thanks GOD, it is not HR who issued such type of experience certificate and the immediate superior in functional line issued the same. The company may have to pay the cost for this certificate. I do agree with the views expressed by our Super Moderator Raj Kumar ji. It is a blunder on the part of a person who issued a certificate. God only saves him and his company.
It is a lession to all of us who are viewing this post including the person who posted this issue.

There are various ways to deny this.

Many of this are not ethical but may be necessary in order to stop the person from misusing the certificate that was given. However, these are best not to be discussed on this forum. We on the forum do not condone unethical acts.

On the other side, just because he has a gate pass to a test by its self is of no meaning. It could be a test he failed and then was given a job by the contractor. The job may be perpetual in nature (unless you have already stated it to be so in your certificate). However, the court will see things together and it looks like he will have a case in his favour.

In your case, you have a big problem of your hands.

You need to immediately report this to your manager and to HR. They will decide what to do.

But given the fact that you issued a certificate without authorisation, you may lose your job.

Vigilance will definitely not be happy.

Of courses if you do not report it, when the matter blows up in the face, you will definitely lose your job.

I don't know your company or the stand that the management will take, but looks like you are between the devil and the deep sea.

Raj,
If the matter does go to,court, it is likely the vigilance department will insist on action against him. His getting blessings from the contract employee is a small comfort for someone suddenly without a job.

Dear All,
Who is to be blamed in this situation? Is HR not responsible for this? How HR resosible for this? What lessions we should get out of such incidences?
We should rather discuss on those lines.
May I invite the HR fraternity to discuss this issue on those lines and request our Super Moderators to conclude this topic finally?
To start with, I will say HR is equally responsible for this.

Dear Saswat
I totally agree with you on this.
I also appreciate the fact that you had the courage to say the harsh realities about the consequences, that I did not have the heart to convey !!
This act would indeed land the person in real trouble with the company. Moreover, since this is a government organization; once the person is charge-sheeted and departmental enquiry is initiated against him, he can not be relieved even if he tries to resign upon getting a better job elsewhere.
Only recourse would be to report and accept the matter; and the disciplinary authority can impose a mild punishment like warning, censure or withholding of promotion.
Warm regards.

Dear Koragaonkar Ji and friends

The lesson that we can draw from this incidence is :

- Any important certificate, which mentions the employees's experience, date of joining, designation, address of residence etc. etc. which he needs as an employee of an organization; should be issued only by the HR department and by the designated officer (of middle management cadre). In case junior officers in HR are required to issue such certificates; they must obtain proper approval from senior HR officer for each and every case.

- An employee who needs a certificate must give a written request for the same while indicating the purpose for which the certificate is required.

- Standard proforma of the different types of certificates should be prepared and approved.

- The language of the certificates should be crisp, clear and unambiguous. Care should be taken to ensure that the language can not be interpreted as a 'no objection' certificate.

- An experience certificate should be issued only once in a year (or once in six month) and upon relinquishing the job.

- Except HR, no other department should issue any employee-related certificate on Company Letterhead.

I look forward to more suggestions from our members.

Warm regards.


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