Sir, would like to seek clarity on followings:-
1. What should be the ideal contract period with contract workers by principal employer before giving break so that they will not claim permanent employment with principal employer
2. Is there any limit on giving breaks to one contract labour? (It was given to understand that principal employer can give max 2 break to contract workers and then must discontinue their service, and no further opportunity of employment be given to them. is it true?)
From India, Pune
1. What should be the ideal contract period with contract workers by principal employer before giving break so that they will not claim permanent employment with principal employer
2. Is there any limit on giving breaks to one contract labour? (It was given to understand that principal employer can give max 2 break to contract workers and then must discontinue their service, and no further opportunity of employment be given to them. is it true?)
From India, Pune
Dear colleague,
The terms of employment of the contract workers are
decided by the Contractor and not by the Principal Employer.
If practically it is possible, ideally you should change contract workers after every 11 months or maximum two terms of 11 months . Despite giving breaks and engaging same workers after the break or change of contractor, engaging them for longer spell will have possible danger of the claim of permanency.
Regards,
Vinayak Nagarkar
HR- Consultant
From India, Mumbai
617The terms of employment of the contract workers are
decided by the Contractor and not by the Principal Employer.
If practically it is possible, ideally you should change contract workers after every 11 months or maximum two terms of 11 months . Despite giving breaks and engaging same workers after the break or change of contractor, engaging them for longer spell will have possible danger of the claim of permanency.
Regards,
Vinayak Nagarkar
HR- Consultant
From India, Mumbai
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