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I, Abhinasha D, working in a central government funding technical educational institution from last 6 years on outsourced contract basis. Now, for further growth I have planned to leave the job. Here, in our organization there is no rules are followed or benefits provided for the contractual staff not even leaves. So, can you help me to know about the service benefits available for contractual staff in India?. If available, under which act or law provides such benefits to an outgoing employee?. What are all the benefits available?. If provided, while giving resignation letter, I can insert a para stating law/act binding the contractual organization to provided such benefits.
Abhinasha D
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ABHINASHA: Please clarify the central body under which this department is working. Also make clear that other than contract employees are being paid labour law benefits or not. In the recent Honorable Supreme Court/High Courts judgement has been directed the state and and central govt. to pay same benefits as are being paid to regular employees.
Thank you for your reply Mr. Anand. At present I'm working in NIT Karnataka and contract employees those who work for NIT Karnataka are outsourced through Karnataka Personnel Services, Mangalore a private outsourcing company. Here, both NIT & contractor denying employee benefits like leaves and other related benefits as per labour law. While asking leave from the company, they denies the request and says that, such conditions are not covered under the agreement. Is it necessary to include conditions mentioned under labour law for availing employee benefits?. Again, the NIT pays both employer & employee contributions along with 16% establishment charges to the contractor. Unless NIT pays the amount to the contractor, they won't proceed salary disbursement. The process is happening from the last 6 years here in NITK. Please help me in this regard.
A contract employee has all the rights given under the contract labour act. Plus, they are generally eligible for all rights under the relevant act the organisation falls under. If it was a factory or office, it would be simple. However, educational institutes are covered under neither.
Under the rules, you are entitled to get your salary by the 7th of the next month
You are eligible for minimum wages
You are eligible for PF and ESIC
If nothing is stated, you would get leave as per your state shop and establishment act and the standing orders of the state
But if you are leaving, why bother with all this
Simply Walk off and get on with your career. It's not that your employer didn't know the rules, it's that they don't bother to follow and teaching them a lesson is too expensive for you. Find a better job and put this behind you
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