Applicable Laws For Contractual Workers (Fix Pay) - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
PL Kanthan
Proprietor
Ghorpade Rajesh
Hr Gernalist
+1 Other

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Gujarat gov. is engaging employees on Fix pay for 5 years on contract basis, without giving any extra benefits such as PF, ESI or any other. Can any body help me to clear this why these people are not covered under PF,ESI or any other labor laws. Is it possible for corporate company to engaged employee on Fix pay for certain period without giving any other benefit ?
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In which initiative the you are working please clarify. ie. department, position & scope of work & type of assignment etc.
Not working on any initiative but its a question raise with concern, that since the gov. engaging employees on fix pay ( without any benefits under pf,esi etc ) for a certain period, it is possible for companies/industries to recruits manpower like this !
You can file a complaint with the labour commissioner
Or since this is the government who actually controls the labour commissioner, you have a ground to file a writ petition with the high court if you are affected in any way, or as a public interest litigation
Dear CWPL,
The particulars giving rise to your query is insufficient. The sovereign functions discharged by the Central and State Governments can not be equated with that of operations conducted by business entities and similar is the case of staffing for such sovereign functions.If such a practice is adopted by any Public Sector Undertaking, it would be a clear-cut violation of applicable Labour Laws. As such it can not be a cue for a business enterprise to follow suit.
Dear CPWL,
Your querry is important but the fact need to be analysed.
My understanding on your query is, the Fix Pay committed by Guj.Govt. should be including PF, ESI etc. This fix pay may be higher than the applicable Min.Wage, PF, ESI (all put together). Pls verify the fact before taking any further step.
Best Wishes
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