Hiring Contract Workers During a Strike: Is It a Viable Solution for Meeting Production Targets?

Dear all, can we appoint/hire contract workers to achieve production targets during the strike of our workers? Let's discuss this matter.

Regards,
Raju Shriname

Since you wanted a discussion on the topic, please read Item No. 6 of the FIFTH SCHEDULE OF the Industrial Disputes Act 1947, which reads as follows: "6. To abolish the work of a regular nature being done by workmen, and to give such work to contractors as a measure of breaking a strike."

You may also read Section 25T and 25U of the said Act under Chapter V-C, Unfair Labour Practices.

Unfair Labor Practices in Engaging Contract Labor

What I have mentioned is that engaging contract labor with the intention of breaking a strike is an unfair labor practice by the employer under the Fifth Schedule of the ID Act. Section 25T deals with the prohibition of unfair labor practices, and Section 25U addresses the penalty for committing unfair labor practices.

Most of the MNCs now are running factories with contract workers on regular nature of works. Workers are being relieved through voluntary resignations, forced resignations, deaths, and retirement separations that are not getting filled nowadays. There is no single check from the Inspector of factories, and Union Leaders are also not bothered. This is the present scenario in MNCs with a less pay and more output concept.

Regards,
S Rao / Hyderabad

Thank you very much, Shri Subbaraoji, for updating me with the latest developments. My reply to the post is regarding the legal issue of the engagement of contract labor during a strike of regular employees. I have quoted the provisions in the Industrial Disputes Act of 1947. It is up to that member whether to follow or not.

Contract Employment and Legal Regulations

The issue raised by you regarding contract employment falls under the "Contract Labor (Regulation and Abolition) Act of 1970." Legally, there are regulations (and not a ban) in India on engaging employees on a contract basis to ensure non-exploitation, safety, and welfare.

Those who have grievances can get them redressed through collective bargaining, various grievance redressal systems, and legal forums. If any authority empowered to enforce fails, it can also be questioned using the RTI Act onwards.

I appreciate your words.