Legal Steps for Removing 25 Housekeeping Workers from a Labor Contractor's Services?

We have engaged a labor contractor in our company, and we now wish to remove 25 housekeeping workers from their services. What is the legal process for this?

This very brief query leaves more questions than answers. In general, it can only be said that you should review your contract with the contractor and act according to its terms. The entire contract document needs to be examined. If you want to remove 25 laborers, then call the contractor and instruct him accordingly. However, what is the alternative arrangement since housekeeping is a day-to-day need?

Are you in the hospitality sector where housekeeping is of prime importance?

Is it a lump sum contract or a manday-based contract? Are you anticipating any resistance from the contractor or laborers? Please provide the details and give a concise description of your problem.

Dear Gurang, besides what our friend Mr. KK!HR replied in general terms, I would like to be specific with reference to the basic principles involved in a genuine engagement of contract labor. Though I am not sure what your question actually means, the way it has been framed appears to me that you want to choose some particular 25 people among the contract labor supplied by the contractor for your housekeeping activities and remove them for reasons best known to yourself. Invariably, your question may also indicate that you want to reduce the strength of contract labor by 25 people. A frank answer from your end may help us respond to you appropriately.

Please refer to the agreement you have made with the contractor. You must have clear-cut clauses in respect of the removal and retention of employees. Unless otherwise mentioned, the abrupt removal of employees may cause issues to arise. Also, the agreement so framed must be in line with the existing or prevailing labor laws.

Actually, we are going to hire a housekeeping agency for better output and good housekeeping results. However, we have only one fear in our minds: that the contractor is also ready to remove those laborers. If we remove them and they go on strike, what should we do?

If you are going to engage a new agency for housekeeping and remove the existing contract labor, you need to inform the existing labor contractor according to the terms laid out in the agreement (if you have any). If there is a concern about the contractor removing other personnel, as understood from your query, you should discuss alternatives with your management and consult with the contractor to support you in such situations. The intention is to improve services in the housekeeping arena and not to hold a personal grudge against the labor supplier.

It appears you are anticipating trouble in removing the existing 25 housekeeping contract workers and bringing in a new contractor and his workers for better results. This situation could obviously lead to a strike or other confrontation between the old laborers and the new ones. You need to allow the existing contractor to handle the situation instead of directly taking on the 25 displaced workers. You have to help and support the existing contractor to deal with the situation and coordinate with the new contractor to ensure that the new labor reaches the worksite unhindered. Explore with the existing contractor to redeploy the laborers elsewhere. You need to alert the local police and seek their active help in preventing any undesirable law and order problems.

Contractual Employees and Agency Engagement

Contractual employees from any agency, like HK Security, may not be treated as direct contractual employees since they have not been hired specifically for your industry. The agency hires them onto their payroll and provides employment, engaging them if they lose a contract from anyone. You may inquire with your agency that you do not require as much manpower and ask to reduce the number of staff.

Flexibility in Employment Agreements

PE may include a clause in the agreement stating that the manpower may be increased or decreased at any time, with or without notice, based on the actual requirement.

Thanks