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Dear All,
Our Organisation is recruting the employees through outsourcing to meet the manpower requirement. They are being paid through contractor where our organisation pay the contractor with the employees salaries.if the contract employee left the organisation without resigning, should we release his salary for the month of exit or we can hold the salary without releasing. if we hold the salary what are the problems we have to face.

From India, Tuni
If you hold the salary of a contract worker it will be presumed that you have overall control over the workers. Why should a contract worker give resignation to you? That itself shows that the contract is sham. If he has worked in your establishment, you should pay the contractor whatever is the salary that the contractor pays the worker. You cannot advise the contractor to hold the salary nor you can hold it from the total amount payable to the contractor. In such arrangements, it is always good if you take only the number and not the name. The contractor can send any person, X or Y . What is important is that the number of persons deployed should not be less than what is required. If one person is absent, the contractor should send some body else and occupy the vacancy. In such genuine contract there is no scope for the principal employer demanding resignation and holding salary for want of resignation.
From India, Kannur
Thankyou Madhu
if in case principal employer holds the salary of the contract employee, what are the legal problems principal employeer has to face if the employee proceed legally, or what are the possible ways for the employee to claim his salary

From India, Tuni
First of all it is not the principal employer who pays his salary. As such the question of principal employer holding salary does nt even arise. Now having done so, the employee can file a compliant before the Labour department. In such occasions the worker will use the opportunity to prove that the contract is sham or a camouflage arrangement. This will back fire on the employer.
Untold: The above situation is a scenario when a learned worker may take against the employer. but since there are a lot of such arrangements and the labour department is least interested in enforcing the CLRA Act, you can do as you like.

From India, Kannur
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