Disciplinary action - Can the Principal employer issue any warning letter to the temporary employees for misconduct?

Hi HR Fraternity,

I need your opinion regarding issue warning letter & show-cause notice to temporary employees.

Can the Principal employer issue any warning letter to the temporary employees for misconduct??

When you mention ‘Principle Employer’, is it mean that the temporary workmen is working through a contractor or directly recruited by you?.

If working under a contractor (whether licensed or not) why cannot you direct him to remove the workmen and ask for replacement?

How long the temporary workmen is working in your establishment, direct or indirect, on continuous service basis?

Why do you want to retain a Temporary workmen, knowing the fact, when found involved in a misconduct?

To answer to your query, needs your clarification for all the above clarification

Temporary employees and contract employees are different. In case of Contract Employees, you shall not issue any letter directly to them. They are the employees of contractor and all action on service matters are to be taken by him and you have no role in such communications. As regards your temporary employees, you are their direct employer and not Principal Employer. Pl have this clarity.

Q - When you mention ‘Principle Employer’, is it mean that the temporary workmen is working through a contractor or directly recruited by you?.
A - Worker worked under contractor for house keeping work.
Q - If working under a contractor (whether licensed or not) why cannot you direct him to remove the workmen and ask for replacement?
A - Working since last 7 years so want to give chance.
Q - How long the temporary workmen is working in your establishment, direct or indirect, on continuous service basis?
A - Since 7 years as Sweeper.
Q -Why do you want to retain a Temporary workmen, knowing the fact, when found involved in a misconduct?
A - Need to give chance. i found in last week to involve in misconduct. Not obey the order of Supervisor.
To answer to your query, needs your clarification for all the above clarification

Hi,

If he is a contract worker this issue to be raised by your contractor, they will have to address this issue.
You can record your observations and suggestions thorough mail to contractor. They will have their internal disciplinary proceedings and share the results with you.
If you are not satisfied with the action taken you can escalate to the senior management team of your contractor.

If working under a contractor, for 7 years, without valid license obtained by The Contractor under Contract Labour (Regulation and Abolition )Act, you have a “Damascus Sword” /eventual claim / liability, of permanent status /permanency, and gratuity and other benefits applicable to permanent workmen of your establishment , at the time of attrition.
In your case , presently, as rightly said by the learned friends ,as above, you may ask the Contractor to correct / warn the workmen, as you have no control over the said workmen as per the contract agreement.

Dear Vinit

Thank you for putting the details clearly.

1. Never have any direct communication with a contract employee except with regard to something directly connected with work procedure or quality.

The moment you issue a notice of misconduct, you are giving proof that he is your employee, working under your direct supervision and control. After that if the worker asks for permanency and shows this as proof, the court is likely to give a judgement in favour of the employee and make her your direct and permanent employee.

So what you need to do, is to send a mail / letter / notice to the contractor bringing the matter to his attention and then ask him to take appropriate action. Privately, you can tell him what you want him to do, but any show-cause to be issued must be by him.

2. Regarding the reply by Mr. Babu, he has brought out an important point that a contract worker working for 7 years is likely to be made permanent because it violates the rule that permanent jobs should not be contracted out. But it makes no difference whether the contract is licensed or not.

Dear Vinit Thakkar

Your question has been answered by senior members/experts of the CiteHR Forum that you, as a principal employer, must not issue a show cause or warning letter to a contractor's employee. I will add that as a principal employer you should be cautious in dealing with female workers because there have been instances of complaints being made by female workers under Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013. So be cautious and take up the matter with your contractor for suitable solution.

Regards
Chandra Mani Lal Srivastava
Master Consultants 9315516083
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New Delhi.

Is it ok to recruit any body without pay for six month as trainee with his consent?

Regards

Baskaran

Please go through the discussion in this forum >https://www.citehr.com/594852-mandatory-pay-stipend-internship-trainee.html<