sumash-rajak
Can we publish a separate Holiday Calendar for direct & indirect workers having different nos?
From India, New Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
KK!HR
Management Consultancy
+1 Other

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saswatabanerjee
2356

Technically, I do not see a problem But please let us know why you wish to do such a thing also let us know whether the teams sit in the same premises or at different places
From India, Mumbai
kumaracme
417

I do not think it is possible. As per National and festival holidays act establishment has to declare holidays for the subsequent year for a particular establishment or factory which is applicable for both permanent and contract workers as a whole.
From India, New Delhi
KK!HR
1373

The holidays are declared for the establishment, so it would apply to all working in the establishment, be it direct or indirect. Are you working 24X7, then certain essential services are required to be done and the required personnel have to be there. Here, the treatment has to be common for both the direct and indirect workers. At any rate, it is imperative that the statutory provision in this regard is complied.
I have encountered a situation like this, where contract labour were surreptitiously called by Shop Floor officials for duty on the day of Holi Festival and one of them met with a minor accident. It became very difficult to handle the situation.
So if you are calling any indirect worker for duty, please ensure all due compliances

From India, Mumbai
umakanthan53
5943

Dear friend,

Certainly you cannot do so since holidays form part of the service conditions of all the workmen employed in the same establishment irrespective of their status of employment.

In this connection, I'd like to quote that the Supreme Court held in its judgement in B.H.E.L Workers Union, Haridwar & Others v Union of India [ 1985(50) FLR 205 S.C ] that no particular distinction should be made only on the basis of the contract labor and contract labor are entitled to the same wages, holidays, hours of work and conditions of service as applicable to workmen directly employed by the principal employer of the establishment on the same or similar conditions of work.

From India, Salem
sumash-rajak
Policy pemits -12 NHFH for OnROll emp. and Act provides 8 NHFH which we want to apply for Contract workers, as of now it is common 12 NHFH to both
From India, New Delhi
sumash-rajak
Thanks all experts for your valuable suggestion.

Refernce to query of Sh. Saswata Banerjee ji

We are manufacturing concern run 24X7 basis, both direct & indirect manpower engaged in segregate jobs. As of now both Direct & Indirect manpower are provided with common 12 NHFH. But as Policy pemits -12 NHFH for OnROll emp. which we want to contineu and for Contract workers, we want to implement as per NHFH Act i.e. 8 NHFH. How to proceed on this.

From India, New Delhi

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