Queries
Hello everybody
As we are New to cite , we were searching for the bonus topic we came across this website so can anyone help us in this problem

We work in a R&D department of Central Govt as a contract Labours, our wages are paid by daily attendance system and paid through a Contractor so , Our problem is that our working days are based on the organisation works day , So it may come around some 26 or 27 days depending on the Months . We are working from past 12 years as a contract labours in the same organisation .And our Contractors are changed as per the tenders system so we have not received any bonus from the contractors or from the Organization , so till now some 12 nos contractors has been changed , And whom should we ask now the Organization or the contractors. We even checked the rules but we cant find proper solutions or step by step procedure to get the proper point and one more thing we get salary some around 8k or 9k after dedcutions i.e ESI and PF and professional Tax some wht like that . It was sayed that the labour who gets below 10k is elidgble for bonus we have system like Skilled , semi- skilled and un skilled . so what must we do as per the rules

2nd January 2015 From India, Hyderabad

PARTICIPATING IN DISCUSSION:
Madhu.T.K
Industrial Relations And Labour Laws
Boss2966
Industrial Relations
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Abhay_011
Professor
Anuragsr2000
Hr Profestional
Loginmiraclelogistics
Asso.prof.(commerce & Management) Pg
Talentsorcerer
Talent Acquisition Expert
King1984
Contract Labour
+3 Others

King1984: Bonus is not applicable to you or your colleagues. The situation you are in is called 'Temp staffing' and used as a measure by firms to control their payroll costs (no bonus, gratuity/ex gratia, etc).
If the below INR 10,000/- rule is applicable, then your employer (the contractor) is already paying it in some component in your monthly salary.
2nd January 2015 From India, Mumbai
Dear Talentsorcerer,
Where it is written temp staffing is not eligible for bonus? People are working since past 12 years, on what basis you say that they are temp staffing? Are your referring to any Indian law or foreign law?
2nd January 2015 From India, Mumbai
Keshav Korgaonkar: It isn't written but the practice of most temp staffing firms to show payment of bonus as part of monthly salary (not the real bonus) and show the bonus as complied with.

You can check salary slips issued by the largest temp staffing employers and validate this (please do leave me a thank you note then :-) ) and you'll understand why King1984 said salary was paid for 26/27 days - they are being employed as contractual labor and not FTE's - which is why 'Bonus' usually is not paid.

On the working for last 12 years, please read this line carefully by King1984: {{ Quote: We are working from past 12 years as a contract labours in the same organisation .And our Contractors are changed as per the tenders system so we have not received any bonus from the contractors or from the Organization , so till now some 12 nos contractors has been changed }}

Which means King1984 is:

1) a contractual laborer

2) has had 12 employers in 12 years (1 every year, all as contractual laborer)

3) is 'deputed/deployed' to 'client' site

4) is paid as either unskilled, semi skilled or (very rare cases) as skilled labor

I am not going to point out the labor law and the ways to circumvent legal compliance - you have been a labor consultant for close to 30 years now so you will know exactly why the 26/27 day payment of 'wages' is being paid.

And please do correct me if I am wrong in any of my assumptions
2nd January 2015 From India, Mumbai
1. Sir(s), Though it is clearly mentioned by the initiator of this thread that bonus was not paid to them during the last 12 years of their service, but following aspects have not been clarified:-

(a) whether any representation was made by them to the employer or the contractor for payment of the bonus as per provisions of the Payment of Bonus Act, 1965. If so, what was the reply in writting from the employer (CPSU) or contractor ?

(b) such tendency for non-payment of bonus is reported continuing for 12 years. Why the matter was not reported to the "Inspector" as appointed under section 27 of the above Act ?

(c) whether the directly employed person in the CPSU are doing the same type of work as the contractor employees are doing ? If so, whether such directly employed persons are being paid bonus by the said CPSU ?

(d) whether the principal employer i.e. CPSU and the contractors have obtained registeration and licences under the Contract Labour (Regulation & Abolition) Act, 1970 ?

2. All the above issues are some of the issues which require a person having some knowledge of labour laws to examine the same. It is however, also mentioned that the change in the name of contractor every year, will in no way, in my opinion, disentitle the employees from their dues as per provisions of the above Act. I may further submit that Hon'ble Supreme Court of India in their judgment in Bhilwara Dughd Utpadak Sangh"s case had termed such practice as "subterfuge". The copy of the judgment is enclosed as an attachment.

3. Further, one of contributor-Mr.Talentsorcerer has tried to explain the practice or trend going on in the industry and has tried to justify that no bonus is actually payable etc. In this connection, I may submit that in this citeHR we discuss the problems or issues raised by the initiators of the thread as the same are submitted and offer our opinion based on provisions of labour laws. We are not concerned about what is the trend or practice. Perhaps, only the Supreme Courts or High Courts are entitled to treat such practice or trend as violative of any provisions of labour laws as declared by the Hon'ble Supreme Court as mentioned by me above and the copy of same is linked herewith.
2nd January 2015 From India, Noida

Hello,
Please note the below points:
1) If your monthly salary (Basic+DA) is below 10K, you are entitled for Bonus.
2) Approach your Contractor demanding Bonus, if he does not respond please approach Authorised Person or Director of R&D Department
3) If R&D department is failed to meet your demand or you are not given justice, you will have to bring this issue to Labour Officer or DLC (Deputy Labour Commissioner) in Central Labour Department in your locality
Regards,
Ganesh.H.N
Bengaluru
3rd January 2015 From India, Bangalore
Dear King1984,

My views on entire this thread are as under:

1. Payment of Bonus Act is not applicable to the employees engaged by a Department of the Central Government. Refer Section 32 (iv).

2. Central Government employees are eligible to get non productivity link bonus every year depending upon sanction by President of India.

3. Employees engaged through contractors or through outsource agencies by Central Government whether they are eligible for this non productivity link bonus or not is big question to me. I am not aware of.

4. Whether the employees are paid on daily rate (26 / 27 days) or monthly rate (30 /31 days) is not a criteria to decide the employees are contractual labor or FTE as stated by our Talentsorcerer. Criteria for Bonus is not at all depends on whether employee is on 26 / 27 days or on 30 /31 days. I am totally confused reading the response of Talentsorcerer.

5. Temporary staffing or permanent staffing is not a criteria for bonus under the POB Act. Also, it is not a criteria under the Central Government's non profit link bonus according to my knowledge. The term "temporary staffing" used by our learned Talentsorcerer is also very confusing to me. Employees working for 12 years, on what basis they are on temporary staffing.

6. Contracts between the Department of Central Government and the various contractors retaining same employees under such various contractors are sham contracts according to me.

7. As per very recent judgement of Supreme Court (2015 LLR 95), contractual appointment for long period is unfair labour practice. On this logic, contract labours for long period is also unfair labour practice. Where is the regulation and abolition of contract labour here?

8. Para 10 of V Schedule of the Industrial Disputes Act, 1947 prohibits the employer to employ the workmen as badlis, casuals or temporaries and to continue them, as such, for years, with the object of depriving them of the status and privileges of permanent workmen. Engaging same contract labours for years together should fall under same category of Para 10 of V schedule according to me.

9. Our learned member Harsh Kumar has rightly pointed out that such arrangement or practice by the Department of Central Government which is quoted in this thread by the initiator of this thread is "subterfuge".

10. Lastly, as stated by Our learned member Harsh Kumar, we are here to discuss the law and not the practice. I will further add to it, we have to discuss on the prevailing practices which are not as per the law.

My sincere thanks to our learned member Talentsorcerer. Because of his posts, I got the opportunity to write all this. My knowledge is also refreshed.
4th January 2015 From India, Mumbai
Dear King1984,
In the flow of writing my views on your entire thread as above, one thing is totally missed out, i.e. answer to your last sentence.
You are advised to approach any good lawyer who is practicing in Labour Court.
4th January 2015 From India, Mumbai
We also have a lot of problems in our organization we will post them . So that we can know our rights and rules to follow them
5th January 2015 From India, Hyderabad
Dear Friend, Sorry to say that Contractual Employee is not entitiled for Bonus, as per wordings of Contract labour Act, 1970. Rgds
5th January 2015 From India, Mumbai

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