Dear All
Contractor Labour is appointed under Contract Labour (Abolition & Regulation) Act otherwise direct Contract Labour is not allowed. Contract Labour can be engaged only for perennial nature of work and not for regular work. Hence that labour can not be treated as our labour and they are worker of the contractor for all intend and purposes and contractor is liable to provide facilties as per law applicable.
No doubt, contractor labour is worker under Factories Act but refer to CL(AR) before applying this definition.
However, being principal employer, it is mandatory for us to ensure availability of all facilities to contractor labour.
It may also be noted that contractor can change his person of labour at any moment
If I am wrong, please inform
Thanks
V K Gupta

From India, Panipat
Dear Senior, If the agreement is there with the contractor to give the privileged leave to the worker, do we need to encash the PL at the time of full and final settlement? Jayeeta
From India, Calcutta
I would like to understand this : The contract workers are working for 3 hours ? 3 hours a day ? 3 hours total ? Please explain.
From India, Mumbai
Dear Jayeeta,
As I have already pointed out Contractor Labour is not our labour, then why we have to do FNF while encashing PL. It is their employer(who is contractor with you) to do so. If you will do, all contractor employees will ask for regularisation in your company and in that event, aspect of contractor employee will abolish and all contractor employees will become your regular employees.
One point I could not understand why one person of contract labour is engaged for such long time whose FNF is to be asked from the contractor. Contractor should remain changing the person or contract is sham and on paper only(though I should not say this)
If there is any FNF, you can ask the contractor to do so.
Thanks
V K Gupta

From India, Panipat
Dear Mr Gupta,
Our company having few employees under contractor who have already spent one year with us.I meant to say by FNF is that if the employee is leaving they will ask the contractor for PL encashment and will the contractor ask for that money from us as the employee is working in our premises.
Jayeeta

From India, Calcutta
It's good to see that you have ensured that the workers are been allowed valid paid leave. However, anyone who has not used his eligible leave needs to be given reimbursement under factory act for the balance amount.

From India, Mumbai
Dear Prasad Ji
You just need to follow google and search material on 'Casual Workers'. You will get every thing, you need to know. I belong to Coal Industry, where we used to deploy Casual workers for wagon loading. Later they were regularized as regular workers after fulfilling the provisions of 240 days attendance in a calender year after a prolonged pressure and agitation by the Casual workers in past. However, various Courts have spelt out in different Orders that merely being a Contract worker with some Contractor for 240 days or more, does not entitle any worker to be regularized by the Principal employer into its organization. You may subscribe to Labour Law Journal, monthly magazine, to know the latest pronouncements by different Courts/Labour Courts.
Best Wishes.
Arun Jain
HR Personnel
NCL, CIL

From India, Jabalpur
Thanks a lot Arun ji...

I will study as you suggested...

My curiosity was on applicability of leave with wages to Contract labour.

My guess is that coal industry, by virtue of its nature, size and history may have slightly different statutory framework. For instance, in Maharashtra, there is an Act that applies to workmen engaged in loading and unloading (called The Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969) under which various boards are constituted and each worker involved in loading, unloading activities etc. is to be registered with the relevant board who manage their 'employee life cycle'. Those covered by board are not in the ambit of Contract Labour Act, the 240 days conundrum etc. Similar situation might exist but may not have universal applicability.

Thanks again...

Prasad

Dear Prasad Ji

You just need to follow google and search material on 'Casual Workers'. You will get every thing, you need to know. I belong to Coal Industry, where we used to deploy Casual workers for wagon loading. Later they were regularized as regular workers after fulfilling the provisions of 240 days attendance in a calender year after a prolonged pressure and agitation by the Casual workers in past. However, various Courts have spelt out in different Orders that merely being a Contract worker with some Contractor for 240 days or more, does not entitle any worker to be regularized by the Principal employer into its organization. You may subscribe to Labour Law Journal, monthly magazine, to know the latest pronouncements by different Courts/Labour Courts.

Best Wishes.

Arun Jain

HR Personnel

NCL, CIL[/QUOTE]


Dear Jayeeta,
Contractor employees can ask for encashment of PL from contractor which he is bound to pay as per law applicable and contractor can claim the expenditure from you while raising bill.
However, you will make payment as per the conditions of the agreement so entered by you with him.
Thanks
V K Gupta

From India, Panipat
if management is paying for 365/12 = 30.42 days payment to the security Guards, then in this case Leave with wages is applicable? OR when we are paying 26 days payment to the security guards, then, in this case we should pay it.
please clear, How it is..?
Sudhir
9823448572

From United States, Southfield

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