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yogessh-verma
I am working in the Central Government Organisation on a third-party contract or as a temporary employee. This organisation has five days week for permanent employees.
But there is no weekly paid holiday for temporary or third-party contract employees.
Please suggest me what should I do??

From India, Jaipur
raghunath_bv
149

Hi Yogesh,
If you are a temporary or third-party contract employee and you feel that there is an unfair treatment regarding weekly paid holidays compared to permanent employees, there are several steps you can consider taking:

Review Your Contract:
Start by reviewing your employment contract or agreement to understand the terms and conditions related to working hours, holidays, and any other relevant policies. Make sure you are aware of the specific terms that apply to your employment status.

Discuss with Supervisor or HR:
Schedule a meeting with your supervisor or the human resources department to discuss your concerns. Clearly and calmly express your perspective and inquire about the reasons behind the difference in holiday policies between permanent and temporary employees. Seek clarification on whether there is room for negotiation or adjustment.

Check Applicable Laws and Policies:
Familiarize yourself with labor laws and regulations in your jurisdiction that pertain to employment conditions, including holidays. Some countries or regions may have specific regulations ensuring equal treatment for temporary or contract workers. Understanding your rights under the law can strengthen your position.

Raise the Issue Collectively:
If you find that other temporary or third-party contract employees share the same concerns, consider discussing the matter collectively. A group approach can sometimes have more impact when addressing employment-related issues.

Submit a Formal Complaint:
If informal discussions do not lead to a resolution, you may consider submitting a formal written complaint to your employer's HR department or the appropriate authority within the organization. Clearly outline your concerns, provide any relevant documentation, and request a response in writing.

Contact a Union or Workers' Rights Organization:
If applicable, reach out to any labor unions or workers' rights organizations that may be able to provide assistance or guidance. They may have experience advocating for fair treatment and can offer support in addressing workplace issues.

Seek Legal Advice:
If all else fails, consider seeking legal advice from an employment lawyer. They can assess your situation, provide guidance on your rights, and assist you in taking appropriate legal action if necessary.

To maintain a professional and respectful approach throughout the process. It's essential to understand your rights and explore available avenues for resolution. Keep records of any communication related to the issue for reference if needed in the future.

Thanks.

From India, Bangalore
Madhu.T.K
4193

The law says that after a continuous working for six days there should be a holiday for 24 hours. There is no mention whether the weekly holiday should be paid one or not. The government while notifying the minimum wages will say how much is the monthly wages payable to each kind of job and the daily rate of the same is derived by dividing the monthly amount by 26. This would imply that the weekly holiday is compensated. Therefore, so long as the salary is not below the statutory minimum wages fixed, you cannot demand it as a right.
From India, Kannur
yogessh-verma
Sir,
Kindly look into the OM No. 49019/1/95-Estt(C) dated 19.06.2016.
(Subject: One day paid weekly off for casual workers-implementation of the Order of Hon'ble CAT, Ahmedabad bench in the OA No. 214 of 2003 filed by Smt. Bhikaben Pratapbhai Prajapati.)

Thankx and regrards

From India, Jaipur
Attached Files (Download Requires Membership)
File Type: pdf 49019_1_95-Estt.C-19072016B.pdf (88.4 KB, 4 views)

Madhu.T.K
4193

The order is applicable to casual employees directly employed by the government departments and not to employees engaged through a contractor. When there is a contractor in between, it is the contractor who is the employer of the workers and not the government. The service rules and matters connected with the employment of personnel in a government service will not apply to you but you have to follow the service conditions of the employer. Your employer means the contractor who supplies the manpower service to the department. As such, even when you are employed in the government department, you will not be getting the pay and other benefits as offered to the regular and directly employed employees of the department.
From India, Kannur
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