Should We Require Contract Laborers to Sign a Bond for Better Workplace Conduct?

I think this bond needs to be signed by each contract laborer who will be working on our premises. This is not actually for taking action against them but to raise awareness that they should not engage in any undisciplined activities.

HR experts, I request you to please provide your inputs.

Regards

I do not think such a document has any validity or any actual legal standing. If he violates the "Bond," what action can you take against him? Any of the actions taken can be addressed as violations of the Standing Orders or Safety Rules.

At best, this will be a way of educating the workers on the evils of some behavior. I think instead a proper training session covering these points and what they actually mean is more important. For example, have you actually given complete safety training to the employees? Do they know all the safety rules and why they are to be followed? (Some of the companies we work with have a policy of compulsory 3-day training for every new contract worker before they are allowed into the actual work area.)

Contract Labor and Legal Compliance

If we look at the license issued to the Principal Employer under the Contract Labour (R. R) Act, it is typically for sundry work such as loading-unloading, painting, gardening, packing, etc. In reality, contract labor is mainly used for production. The license is issued on the premise that it is not feasible for the Principal Employer to use permanent workers, necessitating the engagement of contract workers.

On this backdrop, considering the above Pratidnya-Patra, which is to be endorsed by the contract worker, it appears that the documents are merely decorative, lacking real meaning or substance. The declaration mentions aspects such as discipline, diligence, no theft, safety rules, etc. Why not also include that the provisions of the Constitution, Indian Penal Code, Contract Act, Factories Act, ESI Act, PF Act, and all such acts are binding on him and that in case of their violation, he is punishable?

Importance of Training and Guidance

Rules of discipline, good behavior, diligence, good conduct, safety rules, regularity, and punctuality, etc., become automatically binding on the worker. There is no need for a declaration from him to that effect. Instead, it is better to have a booklet with rules of guidance, emergency procedures, first-aid help, etc. This will help the contract worker to train himself, increasing the chances of self-discipline. The Principal Employer may organize training camps to educate them and thus increase industrial literacy.

Mere declarations on paper may not be the correct answer.

I believe it is not appropriate to employ contractor workers under a draft system. Instead, I think it is a way to educate employees to behave better on company premises. To prevent any worker union or workforce disputes in your organization, you need to establish the right policies. Mr. Kulkarni has clearly stated that there is no need for such a draft.

This is not acceptable in the course of law. Hence, there should be an agreement between the Contractor and Principal Employer mentioning all the terms and conditions of the company. Also, this should be executed on a stamp paper of Rs. 500/- so that it will be helpful in case of any indiscipline issues as well as court cases in the future.