PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Partner - Risk Management
Labour Laws & Ir
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rkn61If the contract workers are deployed through a Contractor, it is advisable to issue appointment letters to contract workers through your contractor. However, you can draft the appointment letter, with all relevant clauses which are able to safeguard the interest of you, as a Principal Employer, and ask your contractor to issue the letter to his employees, under his signature with seal.
From India, Aizawl
PNRAO,SEMBCORPBetter Contract Workmen provided valid Employment Card through Contractor/Vendor name.
From India, Nellore
If the contract Labour ( R&A) Act, 1970 is applicable to this contractor then under applicable Rules he is required to issue Employment Card (Appointment letter) to the workers. It will be sufficient compliance of the CLRA Act.
R N KHOLA
From India, Delhi
saswatabanerjeeThere is no specific requirement under Contract labour act to give an appointment letter.
However, many companies insist the contractor issue appointment letters to the contract workers in his own letterhead so that there is proof that they worked for him and not the company and that the contractor is an independent business.
Under the Shop & Establishment act, the contractor may be required to issue an appointment letter
From India, Mumbai
vikrantbiswalMost of the answers are not appropriate. when we are talking about contract worker, please be specific what kind of work you are demanding from them and who is going to be the decession maker or primary employer. If your company will be held as an employer if you have all the adminsitrative and management control over the workers, your company will be liable for every legality and payments and the role of agent or contractor plays no role. Read Hussain Bhai calicut case citation.
- If you do a renewable contract, the same will be invalid, read Uma devi case citation
- If you hire workers for a period of less than 240 days and give them a rest and again hire them or any one, you will be liable for unfair labour practice, read TATA Motors case, Mumbai High court.
In simple term only involve an agent or contractor, if you have a job which cannot be performed by you or you do not have specialization. Hire on your direct payroll.
From India, Delhi