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arindam-ray1
Dear My. Seniors,
I need a suggestion on Contract labour workmen union agreement for a manufacturing Industry located at West Bengal, Kolkata,
During LTS discussion Contractor Workmen are demanding for signing-off the tripartite agreement with Principal employer & contractor as the party with the presence of conciliation officer (Labour Directorate)
Whether is it possible interims of ID Act or WB ID Rules?
Please suggest.

From India, Kolkata
Madhu.T.K
4210

Signing a wage and service settlement with workers of the contractor will make the contract sham. Therefore, you should not have proceeded for such settlement tripartite. A tripartite settlement (a settlement u/s 12(3) of the ID Act in the presence of a conciliation officer) will make the principal employer responsible to accept them as his own employees in future. It should have been signed by the Contractor and the Union in the presence of the Conciliation Officer. You should never be part of the settlement in records.
From India, Kannur
kamlesh111
10

If circumstances warrant and there is no other option except to sign the settlement, you can sign the settlement as per the provisions of Section 30(2) of the Contract Labour Act which has a solution to your problem.

Regards,

Dr Kamlesh Agrawal
Mumbai

From India, Delhi
raghunath_bv
157

Hi Arindam,

Regarding the Contract labour workmen union agreement for a manufacturing Industry in West Bengal, Kolkata. In response to your question about the possibility of signing-off the tripartite agreement with the presence of a conciliation officer as per the ID Act or WB ID Rules, it is important to carefully review the specific provisions of both the ID Act and the WB ID Rules to determine the feasibility of such an arrangement. Additionally, consulting legal experts or relevant authorities in this matter would provide valuable insights and guidance.

Best regards,

From India, Bangalore
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