Hi Friends,
We have outsourced the housekeeping to a contractor. Can a person who has completed 240 days or over a year claim permanent employment with the principal employer? Can persons working for a contractor form a union and pressure the principal employer to take them on their rolls? What are the formalities required to be done when taking a contractor? We have 3-4 contractors for different jobs in our organization.
From India, Mumbai
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We have outsourced the housekeeping to a contractor. Can a person who has completed 240 days or over a year claim permanent employment with the principal employer? Can persons working for a contractor form a union and pressure the principal employer to take them on their rolls? What are the formalities required to be done when taking a contractor? We have 3-4 contractors for different jobs in our organization.
From India, Mumbai
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Guide me laws or contract for outsourced labours,i.e houskeeping etc & also tell me if these outsourced labours can sue us if some mishappenings occurs with them in our co.premises?
From India, Delhi
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1From India, Delhi
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For these types of queries regarding contract labor, the government has formed an act, i.e., the Contract Labour (Regulation & Abolition) Act, 1970. My advice is to bring all your contractors under the umbrella of the Contract Labour (Regulation & Abolition) Act, 1970. Then, you will never face these types of problems.
Regards,
Manoj Prasad
[Phone Number Removed For Privacy Reasons]
From India, Mumbai
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Regards,
Manoj Prasad
[Phone Number Removed For Privacy Reasons]
From India, Mumbai
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SAIL Judgment and Contract Labor Claims
Please see the SAIL judgment. It will give you the answers. After this judgment, contract labor claiming permanency can only be through the Industrial Adjudication process, which is long and drawn out. The Industrial Adjudicator will apply the SAIL verdict test and then decide the claim for permanency.
Regards,
Rajan Associates
Please see: https://www.citehr.com/285737-legal-...#ixzz1WaYS87F2
From India, Bangalore
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Please see the SAIL judgment. It will give you the answers. After this judgment, contract labor claiming permanency can only be through the Industrial Adjudication process, which is long and drawn out. The Industrial Adjudicator will apply the SAIL verdict test and then decide the claim for permanency.
Regards,
Rajan Associates
Please see: https://www.citehr.com/285737-legal-...#ixzz1WaYS87F2
From India, Bangalore
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Contractual Employment and Permanency Claims
If the contract is genuine and not a sham, then the employees engaged through a contractor cannot claim permanency under any circumstance. On the other hand, if the contract is a sham or just for namesake and all decisions relating to the contract labor, such as wage fixation, selection, and disciplinary action, are made by the principal employer, then the contract employees can claim permanency. This advice is provided by Rajan Associates through the Tribunal.
Union Formation by Contract Workers
Contract workers can form a trade union, but their bargaining will be with the contractor only; the principal employer should not interfere. If the union pressures the principal employer on any matter, it should be addressed immediately with the intervention of the Labor Department or other dispute redressal machinery.
Regards,
Madhu.T.K
From India, Kannur
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If the contract is genuine and not a sham, then the employees engaged through a contractor cannot claim permanency under any circumstance. On the other hand, if the contract is a sham or just for namesake and all decisions relating to the contract labor, such as wage fixation, selection, and disciplinary action, are made by the principal employer, then the contract employees can claim permanency. This advice is provided by Rajan Associates through the Tribunal.
Union Formation by Contract Workers
Contract workers can form a trade union, but their bargaining will be with the contractor only; the principal employer should not interfere. If the union pressures the principal employer on any matter, it should be addressed immediately with the intervention of the Labor Department or other dispute redressal machinery.
Regards,
Madhu.T.K
From India, Kannur
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