Break For Contractual Employees - Pdf Download

HI,
I just want to know whether we should give the break to contractual labour to avoid their claim for permanency.
Earlier I hard that no contract labour can claim for permanency. If any body have any circular of this amendment, please send me.
Rgds/Jitender

Please do check with the attachment.. Hope this could help you..

Employees engaged through a contractor have no employee employer relationship with the Principal employer. Therefore, they can not claim direct employment with the Principal employer even if they have worked for the entire year with him. However, if the Principal employer had acted in such a manner that shows the presence of the aforesaid relationship, then the employees of the contractor can demand direct employment status. For example, if the Principal employer had taken part in a conciliation proceeding in which the wages and other conditions of service of the contractor's employees were discussed and finalised, then it should be construed as Principal employer having built an employer employee relationship with these employees and that instance may lead to a situation wherein he can not deny permanency of employment to contractor's employees.

If by contractual employment you mean employment for a fixed term or fixed term contract (FTC) then the employee will be on your rolls only and in order to prevent him from claiming permanency of employment you will have to restrict his working days to less than 240 days in a year.

Regards,

Madhu.T.K

Contractual labour mentioned by you, perhaps means that employees directly engaged by the company for specific period. As per the legal stand, if such emploment is perennial and connected to the main activities of the company, can not be continued on contract basis for long time. When the matter is disputed, onus lies on the management to establish that the naute of employment is seasonal.
Reg 240 days, it is only a convention that the employee should be regularised if he works for 240 days in a calendar year. The ID Act says that such employees are eligible for compensation under ID Act. Nothing about Regularisation is spoken.

Dear Jitender,
Go throgh the contract labour act carefully, and keep in mind following main point's.
1.The work of contractual employee should not be in Perrianial Nature.
2.There should not be direct Employer Employee relation.
3. He should not be allowted job in-process.
However, the govt., of indian itself is not obeying the Contract labour act then why all we indian have fear in mind to employ contract labour?
e.g.see the railway employee,he is spending his entire life in railway as contract labour with a very less wages.As well as In Hindustan Organic Chemical co. of Govt. of india, plenty of workmen are working since last 30-35 year's as contract labour then why this act is not applicable to these contract labour,only this co. is belongs to Govt. of India ? then why we Private industry people are not shouting against Govt. of india?
Shrikant.
9423376641

Dear Shrikant,
If the job is not perennial in nature, you can also engage contract labour. I do not think that Railways have Engine Drivers or Ticket Examiners or Booking clerks engaged through any contractor. Similarly, there may be government/ public sector establishments hiring contract labour but within the ambit of the Contract Labour (Regulation and Abolition) Act only.
Regards,
Madhu.T.K

I hope there is no need to give break in service during the currency of the contract with the Principal Employer. The services of the contract labour will be ceased the moment when the Principal employer terminates the contract with the contractor.

Shrikant sir,
you are very much correct.
I have same question all over India in State govt., center govt. they are employing contract worker on regular basis. which is of permanent job.

As per law, for a company is it necessary to provide its contractual workers equal number of leaves (EL, CL, SL etc.) than its regular on role workers ? Have got an objection in one of the inspection report claiming that company need to give equal number of leaves to its contractual workers of what is being provided to on role workers. There should be equal leave policy. Please clarify.