How Do I Properly Terminate a Contract Worker and Handle Potential Complaints?

ashok.jangra
Here is the corrected version of the user's input:

Can anyone tell me the procedure for terminating a contract worker from my company? Details of their behavior are given below:

01. They have been working for the last two years.
02. They are regularly absent without permission.
03. They use tough language with seniors.
04. A one-month notice period is applicable as per the appointment letter.
05. Can they file a complaint with the labor office against this action?
06. Is an inquiry proceeding required for termination?

Please let me know if you need any further assistance or clarification.
prasadyadav
Hi Ashok,

1. Issue a show-cause notice to them, stating the reasons as you have mentioned.
2. If they don't respond, inform your contractor that their services are no longer required for your organization. You cannot terminate contract labor without a proper reason and without conducting an inquiry. If they approach the labor department, you need to provide valid reasons and the procedure you followed for the termination of their services.

Termination of services:
- You need to give one month's notice or one month's pay in lieu of notice as per the appointment letter.
- The contractor has to pay 15 days' wages for every completed year of service at the time of Full and Final settlement (F&F).

Thank you,
Prasadyadav
bhavinvahia
Dear Mr. Ashok,

Are they your contract labor or workmen on company rolls? Please clarify.

Regards,
Bhavin
malikjs
Dear,

If they are contract labor, do not issue any letter to them and do not have any communication with them. You just ask your contractor that you do not want so and so person; he will shift them to another place or remove them. It is his responsibility.

Regards,
JS Malik

AmyLum
Hi! Where can I get a format for a termination letter to the staff, considering the company has already sent two show cause letters to him and he has not replied to either of them? Please guide me on this issue.

Thank you.

Regards,
Amy Lum
bhavinvahia
If they are contract employees, then you may straightaway ask your contractor to remove them. You need not issue any letter. I fully agree with the view of our Super Moderator.

Regards,
Bhavin
saurabh.shrivastav
Mailk ji is very right, and one of the benefits of hiring services on a contract is that we do not have to indulge ourselves in all those requirements associated with dealing with a permanent employee.

Saurabh
krmrao
Hi,

The contract laborers are working via an intermediary, commonly known as a contractor. The contractor bears all the responsibility for leading his team of workers to operate smoothly within the organization. If issues of indiscipline and rigidity arise with the contract workers, simply document their behavior and indiscipline in writing to the contractor. It is the contractor's responsibility to either terminate them or relocate them to another work site. If the contractor fails to address these issues, you can replace the contractor as soon as the current contract agreement expires and appoint a new contractor in their place.

Mohan Rao
Manager HR
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