Hr Professional
Kalyan R
Deputy General Manager - Personnel
Manager Hr & Admn

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Dear Sender Yes- The principle employer can take appropriate action against contractors employees. LK
Whether the Standing orders of a Company are applicable ot the Contract workers working under their respective Contractor ?
Can the Principal Employer take action against any misconduct committed by the Contract Workers ?
Vikram Singh

No, Principal Employer can't do this... He can only notify the contractor, who then will take required actions.
Consider a situation where Principal Employer saying to contract employee,"Get out of my company, You are fired!!!"
And the contract employee replies,"Who r u to fire me, I'm not even in your pay rolls, you don't even pay me....."

Dear Sender
It is understood that the principal employer can not fire the contractors employees directly.
But it implies that the ultimate responsibilities are vested with the principal employer, he can implement the action through the contractor against the employee.

We should not initiate disciplinary action against the contract employees as it would be construed as the Principal Employer has supervision and control over the contract workmen.
If we exercise supervision and control over the contract employees, we will be indirectly conferring the status of regular employees on them. There are number of High Court and Apex court judgments reiterating the issue of "Supervision and Control" in determining the status of their employment.
Hence it is better not to initiate disciplinary action against the contract employees directly. In case of necessity, the same may be initiated by the respective contractor.
Please revert if any clarifications are required.
Thanks & Regards
Kalyan R
Manager - Personnel
Sundaram-Clayton Ltd
Brakes Division
Mobile: 9840942232

Hi Mr Kalyan is absolutely right. Legally Standing Orders are applicable. But why get into complications. Call the Contarctor and tell him that this worker shall not come from the next day. Siva
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