Madhu.T.KWhether any (principal) employer can engage contract labour in core areas of operations is a question question of law. Since operations and maintenance are activities directly connected with the business of the organisation persons cannot be engaged though a contractor.
But if the Engineers and managers are engaged through a contractor/ outsourced payroll, certainly they are contract labour. In a scenario wherein managers/ engineers are also outsourced, they will not have any managerial or supervisory control over the operations or the respective functions of the principal employer's business. These managers cannot supervise the employees of the principal employer. These managers cannot decide what the employees of the principal employer should do. They cannot initiate any disciplinary action against any employee of the principal employer. They will not approve the leaves of employees of the principal employer. They will not evaluate the performance of the principal employer's workers. Then how can they be called Managers. They may be managers by designation or managers in relation to the employees of the same 'contractor' as an employer but in relation to the establishment where they are working and in relation to the employees of the establishment where he has been deployed he is only a workman coming under the scope of Contract Labour (Regulation and Abolition) Act.
From India, Kannur
saswatabanerjeeDefinition of contract labour (in lay mans language) is a person who is working in your premises because of an agreement with his actual (direct) employer to deliver a result other than pure sale of goods.
So it does not matter that the person is a manager or engineer. if he is working in your factory, he is a contract worker.
The exception is for a supervisor (manager) who is deployed by the contractor (in your case, the OEM) who has no actual work duty other than supervision of the deployed team. Otherwise they are all contract workers.
The contract workers / team need not be treated at par with own employees. They can and will have different schedule, leave, time, etc. Only you need to ensure they dont violate labour laws, pay overtime, etc.
From India, Mumbai
The treatment of Operation and Maintenance (O&M) employees, including managers and engineers, in comparison to principal employer staff can vary depending on the specific terms of employment, industry standards, and local labor laws. It's essential to consider various factors to determine how these employees should be treated:
Employment Relationship: O&M employees may be directly employed by the company providing the operation and maintenance services or may be contracted through a third-party O&M company. If they are directly employed, they may have the same status and benefits as other staff members.
Contractual Agreements: The terms and conditions of employment, as outlined in the employment contracts or agreements, play a crucial role. This includes salary, benefits, job responsibilities, and any other relevant provisions.
Labour Laws: Labour laws that dictate the rights and protections afforded to employees. It's important to understand and comply with these regulations to ensure fair treatment.
Job Roles and Responsibilities: The nature of the work performed by O&M employees, whether technical or non-technical, can influence how they are categorized. Some roles may be considered contract labor, while others may be treated as permanent staff.
Equal Treatment: Fair and equal treatment is a fundamental principle in employment. If O&M employees perform similar roles and responsibilities as principal employer staff, they may deserve comparable treatment in terms of benefits, working conditions, and opportunities for advancement.
It's crucial for companies to adhere to labour laws and ethical employment practices to ensure that all employees, regardless of their role or contractual arrangement, are treated fairly. If there are concerns about the classification of O&M employees or the fairness of their treatment, it is advisable to consult with legal professionals or labour authorities to ensure compliance with relevant regulations.
From India, Bangalore
SUNDARAVEL3Thanks All for your valuable feedback
From India, Bhopal
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