Responsibility Of Organization Towards Outsourced Personnel Engaged - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management

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Dear All,
I am currently working in a PSU ,we have aprox.20 Outsourced Personnel engaged through an Outsourced Agency for more than 5 Years.
Would like to know what is the responsibility of the PSU towards the Benefits offered to the Outsourced Staff and by which statutory Act they would be covered.
Regds
Priya

Dear Priya,
Time and again, the Supreme Court of India has categorically stated that the State should try to be a model employer whenever employment disputes involving Public Sector Undertakings reached for its final decision. Therefore, the fact of employment of 20 people through (an?)Out-Sourcing Agency for more than 5 years by a PSU would certainly raise certain doubts emanating from ethical point of view before answering your query. Apart from the applicability of any regulatory measure of statutory nature to this indirect employment, why the continuous passage of time and employment of the same group of people in the organisation failed to make an impression in the minds of the top brass of the PSU that the particular jobs are of perennial nature and the people engaged in them gained required experience so that they could be absorbed suo motu as regular employees is a valid question I think.

You need to read the contract labour act
The act provides details of the principal employer duties very clearly.
If you are a factory, all safety and benifital rules apply to these employees as they fall in the definition of workers under the act.
Plus you need to ensure they are paid salary on time, all statutory dues deposited on time. Ensure that payment of wages, salary, bonus, overtime is correctly computed and paid

Contact Me..ptrhrconsultancy@gmail.com you are applicable under CLRA act. 9742071225
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