FACTORIES ACT (CASUAL WORKERS) - How many month/days are required to treat a casual worker as a Permanent? - CiteHR
Jayendra Varma
Deputy Manager Hr

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I was recently joined in a manufacturing company there nobody have knowledge on HR rules and regulations.
Sir, I want to know that Is it any issue if the company having casual workers, and how to avoid the issues raised from casual workers for their permanent job,
How many month/days are required to treat a casual worker as a Permanent, Suggestion for break in service for avoiding above issue.
Sir, also i would like to know if the manufacturing company having casual workers what type of Registers that we should maintain, are they comes under Factories Act or Contract labour act.
What are the registers we should maintain under Factories Act.
What are the important rules that I should know ?
and Salary structure of Casual employees comes under Factories act or Contract labour act?
What is the salary components and Percentage of the components in their salary structure.
Should we take HRA as a salary component?
Please guide me for doing my job very well in manufacturing industry.

A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calendar year. 1[(3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified in sub-section (1) even if he had not worked for the entire period specified in sub-section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made—
(I) where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting; and
(II). where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.]
In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day’s leave, and fraction of less than half a day shall be omitted.
If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year: Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child: Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) 2[or in contravention of sub-section (10)] shall be entitled to carry forward the 3[leave refused] without any limit.

Dear Friend,
Please find the below which might be use full for you.
Q) I want to know that Is it any issue if the company having casual workers, and how to avoid the issues raised from casual workers for their permanent job?
Ans: No issue in having casual labour, but you have to put him under Contractor who is having a contract labour licence and he should pay PF, ESI, Statutory Bonus & Gratuity.
Apart from the above you should have principle employer contract labour licence.
Q) How many month/days are required to treat a casual worker as a Permanent, Suggestion for break in service for avoiding above issue?
Ans: Recently fixed term employment got into force for all manufacturing sectors, even if you issue the fixed term employment you need to full fill all statutory benefits which are applicable for all regular employees (Including PF, ESI, Bonus & gratuity).
Q) Sir, also i would like to know if the manufacturing company having casual workers what type of Registers that we should maintain, are they comes under Factories Act or Contract labour act?.
Ans: You have to maintain separate registers for On-Roll Employees and Contract Workmen.
Q) What are the registers we should maintain under Factories Act?.
Ans: You have to maintain all registers in prescribed format of the particular state where your factory is situated.
Muster Roll, Wages Register, Advance Register, Leave Register, Deduction of Fines, White Wash Register,PF Inspection Book, ESI Inspection Book, Accident Register, etc.
You have to show local labour inspector name and contact details in Notice Board.
You have to display the abstracts of all labour acts in the factory premises (Factories Act, Industrail Dispute act, Standing Orders, Equal Remuneration, Minimum Wages, Payment of Wages, gratuity act, Payment of Bonus, Maternity Benift Act, etc)
Q) What are the important rules that I should know ?
and Salary structure of Casual employees comes under Factories act or Contract labour act? What is the salary components and Percentage of the components in their salary structure.
Ans: While fixing the salary structure you need to look after the following.
1) Minimum Wages (You Salary slab should be above the minimum wages)
2) Don’t put so many components, Keep only Basic & HRA.
3) As per recent supreme court judgement on PF Components, All Components which are fixed except (HRA) will attract PF, Variable pays will not attract PF (VDA,OT, Variable pays etc) .
4) If salary bracket is higher then Keep the basic above 15K, remaining components can be kept as per your company policy.
5) If salary bracket is low then keep 60% of salary in Basic and remaining 40% in HRA.
Q) Should we take HRA as a salary component?
Ans: Yes
With Regards
Jayendra

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