Dear All, Can any one of you clear my doubt? I'm working in a contract manpower supply concern. My doubt is, "A principal employer needs manpower for a 30-day operation, but I have limited manpower. Also, the production manager needs an X employee for 30 days. Will any problems arise in the future due to this situation?"
Thank you.
From India, Madras
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Thank you.
From India, Madras
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Business and Strategy Considerations
This is more of a business and strategy issue than an HR or legal issue. You need to assess your potential business, your business plan, and your capability to achieve and deliver. If you can deliver X number of people for thirty days, make a profit from the business deal, and fulfill your commitments, then why ask?
From India, Chennai
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379This is more of a business and strategy issue than an HR or legal issue. You need to assess your potential business, your business plan, and your capability to achieve and deliver. If you can deliver X number of people for thirty days, make a profit from the business deal, and fulfill your commitments, then why ask?
From India, Chennai
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Legal Implications of Working 30 Days a Month
Asking or allowing someone to work for 30 days in a month is illegal. Both under the Factories Act and the Contract Labour Act, you are required to give one weekly off after six days of work. Furthermore, no person can work for more than 10 days without a break. Your company, as the main employer, and the principal employer are both liable to prosecution on this account. Courts and governments take this matter very seriously in case of a complaint.
In reality, many people work 30 days, especially workers from out of state who have no social life here and aim to earn maximum money to send home. However, their willingness to do so does not make it legal for you. One complaint, and you will be held accountable. In the event of any accident involving them, the fact that they were not given a weekly off makes you even more likely to be held liable. The court can impose imprisonment of up to two years and a fine of up to 500,000 for repeated offenses. (Not sure if anyone has been subjected to such harsh treatment)
From India, Mumbai
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Asking or allowing someone to work for 30 days in a month is illegal. Both under the Factories Act and the Contract Labour Act, you are required to give one weekly off after six days of work. Furthermore, no person can work for more than 10 days without a break. Your company, as the main employer, and the principal employer are both liable to prosecution on this account. Courts and governments take this matter very seriously in case of a complaint.
In reality, many people work 30 days, especially workers from out of state who have no social life here and aim to earn maximum money to send home. However, their willingness to do so does not make it legal for you. One complaint, and you will be held accountable. In the event of any accident involving them, the fact that they were not given a weekly off makes you even more likely to be held liable. The court can impose imprisonment of up to two years and a fine of up to 500,000 for repeated offenses. (Not sure if anyone has been subjected to such harsh treatment)
From India, Mumbai
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Supplying any number of laborers for consecutive 30 days or more is a legally accepted business practice. However, engaging a particular employee without any weekly off, even with their willingness, is a violation of provisions under the Shops & Estt Act, Factories Act, CLRA Act, Mines Act, etc., attracting penal provisions. Hence, please refrain from doing so.
Regards.
From India, Mumbai
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Regards.
From India, Mumbai
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Dear Vinodth,
My friends have rightly pointed out that when you put up a question for clarification, you should clearly spell out the problem, giving each bit of facts so that a viable solution is given. Please do not guess what you know is known by others.
Legal and Ethical Considerations of Continuous Work
Coming to your question of asking a person X to work continuously for 30 days without giving him a break for a weekly off is quite inhuman and illegal, particularly in the present days when the government is contemplating covering labor in the unorganized sector. Another aspect that has to be taken into account is the maintenance of one's health. How long can a person survive without getting sick if he is asked to work continuously for 30 days in a month? The law provides for a weekly day of rest, a fixed number of hours of work in a day, extra wages for overtime work, a number of leaves, holidays, etc. Making a person work continuously on the plea of limited manpower or because one manager has a fancy for a particular worker will not come to your rescue if a prosecution is filed for a violation of labor laws, which attracts penal provisions consisting of a fine as well as imprisonment.
Regards,
BS Kalsi
From India, Mumbai
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My friends have rightly pointed out that when you put up a question for clarification, you should clearly spell out the problem, giving each bit of facts so that a viable solution is given. Please do not guess what you know is known by others.
Legal and Ethical Considerations of Continuous Work
Coming to your question of asking a person X to work continuously for 30 days without giving him a break for a weekly off is quite inhuman and illegal, particularly in the present days when the government is contemplating covering labor in the unorganized sector. Another aspect that has to be taken into account is the maintenance of one's health. How long can a person survive without getting sick if he is asked to work continuously for 30 days in a month? The law provides for a weekly day of rest, a fixed number of hours of work in a day, extra wages for overtime work, a number of leaves, holidays, etc. Making a person work continuously on the plea of limited manpower or because one manager has a fancy for a particular worker will not come to your rescue if a prosecution is filed for a violation of labor laws, which attracts penal provisions consisting of a fine as well as imprisonment.
Regards,
BS Kalsi
From India, Mumbai
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