Are Employers Using Breaks to Prevent Contract Workers from Claiming Regularization? Seeking Insights and Legal Perspectives

Hi,

Various employers use contract labor for support functions in their manufacturing process. It is a common practice for contractors (as per employer directions) to provide a break after the completion of 6 or 7 months to contract labor, and then redeploy them after a 3-month break.

My query is whether contractors implement this type of break solely to ensure that the individual does not complete 240 days in that calendar year and therefore cannot claim regularization. For example, if a person works for 6 months (180 days) and is then given a 3-month break (90 days) before being redeployed, there is a possibility of completing 240 days in the year but not continuously.

Does this break serve as an artificial means to prevent claims for regularization? If so, what would be the ideal conditions (break system) to adopt to avoid such artificial breaks? If anyone has citations or judgments on this matter, please share.

Seniors, your views are appreciated.

Regards,
Rahul

Hello friend,

This is using the loophole in the law. Now, the organizations that are uniting contract labor are demanding that such practices should be stopped. They are demanding that in case a person is employed after such breaks, he/she should be employed as a permanent worker in the organization. However, in India, things like this will continue until legislation is enforced.

Regards,
Nishikant

Dear Mr. J.S. Malik / Mr. Madhu,

Your views on this will be highly appreciated.

Regards,
Rahul