Navigating Employment Laws: Can You Help Clarify These Common Workplace Questions?

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Difference between hourly, daily, and monthly wages and their calculation method.

Without a certified standing order, can disciplinary action be taken as per the appointment letter?

Right to approach the Civil Court if an employee is not covered under the definition of a worker/employee of the ID Act.

When can a Badli worker claim permanent status?

If a company is retrenching a workman, to whom will a notice be sent?

Can a company hire casual workers for permanent and regular types of work?

Who will be responsible for taking care of the provisions of the Factory Act - the Factory Manager or Personnel Manager?

Please help.

Casual labor means a worker who is engaging in work of a very casual nature. Therefore, anybody who is hired to do any casual work cannot claim a job that can only be done by an expert. However, if a worker is being hired to do regular work but is given the 'designation' casual worker, that employee can claim permanent employment if they have worked for at least 240 days in the preceding year. This is because, for designation purposes only, they are a casual worker, but they have been working in a regular job. Therefore, they cannot be deprived of the rights of an employee contemplated in various Acts.

A Badli worker is one who is appointed temporarily to do some work of a regular nature when the person who usually does that work is on leave or absent for any reason. The job will cease to exist when the regular employee, for whose absence they were appointed, resumes duty.

For matters related to factories, the occupier and the Factory Manager are held responsible.

Regards,
Madhu.T.K

Hi Ravi,

The difference between hourly, daily, and monthly wage earners is that a daily wage earner will get remuneration on a per-day basis. This means if he works for 26 days in a month, he will be paid for the same. On the other hand, a monthly wage earner will be paid for weekly offs as well and is eligible for earned leave (EL). A badli worker cannot claim permanent status until he works for 240 days in the preceding year. Regarding casual labor, Mr. Madhu has defined it properly. For matters related to the factory, the factory manager/occupier is responsible.

Without a certified standing order, can disciplinary action be taken as per the appointment letter? Is there a right to approach the Civil Court if an employee is not covered under the definition of worker/employee of the ID Act? When can a Badli worker claim permanent status? If a company is retrenching a workman, to whom will a notice be sent? Can a company hire casual workers for permanent and regular work? Who will be responsible for taking care of the provisions of the Factory Act - the Factory Manager or the Personnel Manager?

Please help.