Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy
Bijay_majumdar
Freelancer In Hr &indirect Taxes For
Gaurang_mahi
Hr Generalist

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We have engaged labour contractor in our company out of that we want to remove 25 housekeeping workers from them. So what is the legal process.
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This very brief query leaves more question than answers. In general it can only be said that pl see your contract with the contractor and act as per its terms. The whole contract document is to be seen. If you want to remove 25 labourers then call the contractor and instruct him so. But then what is the alternate arrangement because house keeping is a day-today need.
Are you in hospitality sector where house keeping is of prime importance. Is it a lumpsum contract or manday based contract. Are you anticipating any resistance from contractor or labourers.
Pl spell out the details and give a concise description of your problem.
Dear Gurang,
Besides what our friend Mr.KK!HR replied in general terms, I would like to be specific with reference to the basic principles involved in a genuine engagement of contract labor. Though I am not sure what your question actually means, the way it has been framed appears to me that you want to choose some particular 25 people among the contract labor supplied by the contractor for your house-keeping activities and remove them for reasons best known to yourself. Invariably, your question may also indicate that you want to reduce the strength of contract labor by 25 people. A frank answer from your end may help us respond to you appropriately.
Pls Refer the Agreement you have Made with the Contractor.You must have Clear cut Clauses in respect of the removal and retention of employees. Unless otherwise mentioned the removal of employees abruptly may cause issues to rise.Also the Agreement so framed must be inline with the existing /prevailing Labour laws.
Actually we r going to hire housekeeping agency for better output and good housekeeping result. But we have only one fear in our mind that contractor also ready to remove those labourer. But If we remove them and they will go on strike. In that case what to do.
Dear Gaurang,
If you are going to engage new agency for Housekeeping and remove the existing contract labor, you need to intimate the existing Labor Contractor as per your laid out terms in agreement( if you have any).
And when the fear of contractor removing other personnel (understood from your query),then you need to discuss with your Management for alternatives, as well as the contractor to support you in such situations. The intention is only improved services in the housekeeping arena and not personal grudge on the labor supplier right!
It appears, you are anticipating trouble on removing the existing 25 house keeping contract workers and bringing in new contractor and his workers for better results. This situation could obviously lead to a strike or other confrontation between the old labourers and the new ones. You need to allow the existing contractor to handle the situation instead of directly taking on the 25 displaced workers. You have to help and support the existing contractor to deal with the situation and coordinate with the new contractor on ensuring that the new labour reaches the work spot unhindered. Explore with the existing contractor to redeploy the labourers elsewhere. You need to alert the local police and seek their active help in preventing any undesirable law and order problem.
Contractual employee form any agency like HK, Security may not be treated direct contractual employee as they had not been hired for your industry specially. Agency hire them on their payroll and gives employment (engage them) if they lost contract form anyone. you may ask to your agency that you not need much manpower and reduce the no...... of manpower. PE may include a clause in agreement that manpower may be increase and decrease any time with or without notice as per the actual requirement.
Thanks
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