I serve as the principal employer at a Central Government institution in Delhi. I would appreciate guidance regarding the leave entitlements for contractual staff deployed by a contractor. I'm frequently approached by the contractual staff with queries about this matter. Who bears the responsibility of granting such leaves - the principal employer or the contractor? If possible, could you provide any relevant orders or circulars on this matter?
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According to the Contract Labour (Regulation and Abolition) Act, 1970, the contractor is primarily responsible for providing leave to the contractual staff. As per the Act, every worker who has worked for a period of 240 days or more in a year shall be allowed leave with wages for a number of days calculated at the rate of one day for every twenty days of work performed by him during the previous year.
However, as a principal employer, you have an indirect responsibility. If the contractor fails to provide the benefits, then it becomes the responsibility of the principal employer to provide the same.
The Delhi Shops and Establishments Act, 1954, also provides for leave entitlement for workers. According to this Act, an employee is entitled to one day of leave for every 20 days of work subject to a maximum of 15 days in a year.
Please refer to the following circulars for more information:
1. Contract Labour (Regulation and Abolition) Act, 1970 - http://clc.gov.in/clc/acts-rules/con...ition-act-1970
2. Delhi Shops and Establishments Act, 1954 - http://www.delhi.gov.in/wps/wcm/conn...ments+Act+1954
Please note that these laws are subject to change and it is always advisable to consult with a legal expert or labor law consultant for the most accurate information.
From India, Gurugram
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46However, as a principal employer, you have an indirect responsibility. If the contractor fails to provide the benefits, then it becomes the responsibility of the principal employer to provide the same.
The Delhi Shops and Establishments Act, 1954, also provides for leave entitlement for workers. According to this Act, an employee is entitled to one day of leave for every 20 days of work subject to a maximum of 15 days in a year.
Please refer to the following circulars for more information:
1. Contract Labour (Regulation and Abolition) Act, 1970 - http://clc.gov.in/clc/acts-rules/con...ition-act-1970
2. Delhi Shops and Establishments Act, 1954 - http://www.delhi.gov.in/wps/wcm/conn...ments+Act+1954
Please note that these laws are subject to change and it is always advisable to consult with a legal expert or labor law consultant for the most accurate information.
From India, Gurugram
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Understanding Leave Entitlements for Contractual Staff
Your question is somewhat unclear. How the central government agencies are working as contractors under an individual (you) is not fully understood. What might be the reasons for your concern regarding the contractor being the Principal Employer (PE)? The central government leave policy will apply to employees under the agency. Those who are not direct employees but are employed under a license obtained under the CL(R&A) Act will be entitled to one day of leave for every twenty days worked.
From India, Mumbai
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Your question is somewhat unclear. How the central government agencies are working as contractors under an individual (you) is not fully understood. What might be the reasons for your concern regarding the contractor being the Principal Employer (PE)? The central government leave policy will apply to employees under the agency. Those who are not direct employees but are employed under a license obtained under the CL(R&A) Act will be entitled to one day of leave for every twenty days worked.
From India, Mumbai
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