REGARDING WAGES FOR NATIONAL / PAID HOLIDAYS & ELIGIBILITY OF LEAVES FOR CONTRACT LABOURS HIRED BY THIRD PARTY

OUR’S IS THE DEFENCE PRODUCTION UNIT (under Min.of defence) and hiring contract labourers around 650 members including all skills (Un-skilled, semi-skilled, skilled & highly skilled) on various supply orders for various locations inside and outside of the factory, through THIRD PARTY, i.e., certified / authorised labour contractor / man power supplier,
In this regard we are having some doubts about;
1. WHETHER THE CONTRACT LABOURS HIRED THROUGH THE THIRD PARTY, I.E., CERTIFIED / AUTHORISED LABOUR CONTRACTOR / MANPOWER SUPPLIER PROCURED THROUGH GEM (GOVT. E-MARKET TENDERING PROCESS) WILL BE PAID FOR NATIONAL HOLIDAYS / STATE HOLIDAYS OR NOT, AS WE ARE NOT ENGAGING THEM ON ANY HOLIDAYS.

2. WHETHER THE CONTRACT LABOURS HIRED THROUGH THIRD PARTY, I.E., LICENSED LABOUR CONTRACTOR / MANPOWER SUPPLIER PROCURED THROUGH GEM (GOVT. E-MARKET TENDERING PROCESS) AND ENGAGED IN WORK, EXCLUSIVE OF HOLIDAYS AND SUNDAYS ONLY. IN THIS CASE, WILL THEY BE GIVEN ANY LEAVE FOR THE PERIOD THEY WORKED OR NOT?
IF YES, THEN WHAT IS THE PROCEDURE?

Reply to question no.1:-

Basic method is no work no pay. But at the end of the day Contractual workers are also human being and defence organization being strong organized sector should pay extra remuneration for National Holidays and it will be better if some normal State holidays are paid to those workers. This will also help for better employee relations.

Reply to question no 2 :-

Yes they will be eligible for Leave with wages. If the workers are engaged in Factory , it is as per Factories Act which is 1 day for actual 20 days of work and if they are engaged in any office premises - it will be as per Shops & Establishment Act of the State.

S K Bandyopadhyay ( WB,Howrah)
CEO-USD HR Solutions
+91 98310 81531
[Login to view]
USD HR Solutions – To Strive towards excellence with effort and integrity

When you engage workers of some others (contractor/ third party) you will become principal employer. Being a Principal employer, you have to ensure that these workers are getting holidays as per the relevant Act, say, the State Industrial Establishments National and Festival Holidays Act. Whether the holiday should be paid holiday or not is a different question but you have to follow the law relating to holidays.

Dear Mr. ANNONYMOUS,
It is learnt from your post that YOUR’S IS THE DEFENCE PRODUCTION UNIT (under Min.of defense). Therefore, Centre is the appropriate authority for issuing Labour License for your unit.
Your all hiring contract labourers (650 which include i.e., Un-skilled, Semi-Skilled, Skilled & High Skilled) through various supply orders for various locations inside and outside of the factory.
In fact, there is nothing called third party is existing at all. Principal Employer is the First Party & Contractor so engaged are Second Party.
Ans to Q1:
The workmen in roll of the contractor & subcontractor are eligible for NH & FH. The workmen are required to be paid NH & FH if not engaged in work on said date except the if not intervening weekly off day. The workmen required to be paid twice the rate of wages, if engaged on the day of NH or FH(Check the State rules for NH & FH of the unit exist) because in some states rate is thrice of the normal wages .
Ans to Q2:
The workmen engaged through contractor are eligible for weekly off days as well leave at the end of the calendar year @ 1 day leave for every 20 days working. In the beginning month i.e., January wages disburse the leave earned by each workmen.
Do not facilitate leave during the calendar year, mark the day as absent.