PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
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KK!HRThe delivery boys are the direct employees of the E-Commerce company. The e-commerce company has agreement with several organisations whose products they are selling door to door. But they cannot be the employees of such manufacturers as they are not exclusive to a particular manufacturer. For example the Amazon employee deals with products of 'N' number of manufacturers so it would become difficult. So in such cases they cannot be termed Outworkers, but if there is any exclusivity then the position would be different
From India, Mumbai
I am in total agreement with the views of our learned KK(!)HR. In the e-commerce set up of retail sales, the principal players are the e-commerce company and the manufacturer/seller of goods. In the absence of own warehousing facility by the e-commerce company, local warehouses act as a contractor for the e.commerce company. Either the warehouses have their own delivery arrangement or the e-commerce company appoints separate contractors for delivery through their own delivery boys. Therefore, the direct employment relationship of delivery boys depends on who among these engages their services. Besides these facts, I would request you to re-read clause (c) of the definition. The out-work mentioned therein is a manufacturing process done by the out-worker elsewhere other than the PE's premises and returned the materials received as finished products. How can the activity of a delivery boy engaged through a contractor be correlated to a manufacturing activity? Just because delivery of the goods ordered on-line at the doors of the customers happens outside the premises of the PE, such workers cannot be considered as out-workers so defined under the sub clause.
From India, Salem