Dear All, Are Fixed Term Contract workers and contract labour, both covered under the ID Act? Just wanted a confirmation please.
Are all statutory benefits like PF, ESI, gratuity, bonus etc. applicable to both of them as well?
Thanks in advance!

From India, New Delhi
KK!HR
990

As regards Fixed Term appointment is concerned, they would come under the employer for the purpose of ID act 1947 as there is a direct Master-Servant relationship and such appointees would be 'workman' under the Act. But as regards contract labour, it is a finding of fact by the judicial authorities as to whether there exists a direct relationship between the contract labour and the establishment where the work takes place. There are various factors to be considered but it can be simply put as, how far the contract arrangement is genuine. If it is really a genuine one, the contract labour will remain to be the employees of the respective contractor without attaching any liability to the Principal Employer under the ID Act.
From India, Mumbai

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