Can contract workmen dispute a raise for their regularization on ground of if principal employer paying Award amount ( for good working ) directly to the contract workmen Regards, RANJAN DIXIT
From India, New Delhi
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1From India, New Delhi
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Incentives and Contractual Agreements
Paying good service awards or attendance bonuses as incentives to contract workers directly by the principal employer can become harmful to him because these actions by the principal employer can lead to the contract becoming a sham. However, at the same time, if the contractor pays a performance bonus, which is then reimbursed by the principal employer, it may be considered genuine. Moreover, any direct payments by the principal employer or interference by the principal employer in wage negotiations for contract workers could also render the contract as a sham. Once the contract is proven to be a sham, the workers can claim regularization.
Regards,
Madhu.T.K
From India, Kannur
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Paying good service awards or attendance bonuses as incentives to contract workers directly by the principal employer can become harmful to him because these actions by the principal employer can lead to the contract becoming a sham. However, at the same time, if the contractor pays a performance bonus, which is then reimbursed by the principal employer, it may be considered genuine. Moreover, any direct payments by the principal employer or interference by the principal employer in wage negotiations for contract workers could also render the contract as a sham. Once the contract is proven to be a sham, the workers can claim regularization.
Regards,
Madhu.T.K
From India, Kannur
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He cannot or is not expected to pay anything out of affection or love. Therefore, whatever payment is made directly to contract workers will create an employer-employee relationship only.
Regards,
Madhu.T.K
From India, Kannur
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Regards,
Madhu.T.K
From India, Kannur
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Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf