Since we don't want to increase the manpower of the Packing Plant and to comply with 100% legal compliance like compulsory weekly off, overtime, leave, etc., we want to adjust one mechanical workman to work both in the Mechanical as well as in the Packing Department. The issue is that the contractor for both departments is different. Contractor A (Mechanical) is paying on a monthly basis, and Contractor B (Packing) is paid on a piece-rate basis.
Restriction on Double Employment
Under Section 60 in The Factories Act, 1948, there is a restriction on double employment: "No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed."
However, the Factory Act is more focused on working in two different factories, and as far as I know, I haven't read anywhere regarding two contractors in the same factory.
Suppose we allow double employment, then how do we calculate his working days? Can we deposit PF in two accounts? Can we consider him as 1 FTE or two? Who will take the employee compensation policy? In case of a mishap, who will pay?
On the above issue, your guidance is required immediately.
From India, Mumbai
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7Restriction on Double Employment
Under Section 60 in The Factories Act, 1948, there is a restriction on double employment: "No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed."
However, the Factory Act is more focused on working in two different factories, and as far as I know, I haven't read anywhere regarding two contractors in the same factory.
Suppose we allow double employment, then how do we calculate his working days? Can we deposit PF in two accounts? Can we consider him as 1 FTE or two? Who will take the employee compensation policy? In case of a mishap, who will pay?
On the above issue, your guidance is required immediately.
From India, Mumbai
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To me, the opening paragraph of your post seems to be self-contradictory, and the last one appears to suggest possible practical and legal issues that may arise from the proposed alternative. Therefore, it would be advisable to consider increasing the manpower at the Packing Plant.
From India, Salem
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From India, Salem
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Dear Slamba,
It is not permissible to work as both an HR professional and an Accountant within the same organization. Even if you possess knowledge of bookkeeping, you cannot hold both roles simultaneously. In your scenario, if an individual works with two different contractors, they cannot be employed by both contractors within the same organization as it is prohibited by law.
I believe Mr. Umakanthan.M has proposed the correct solution.
From India, Pune
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It is not permissible to work as both an HR professional and an Accountant within the same organization. Even if you possess knowledge of bookkeeping, you cannot hold both roles simultaneously. In your scenario, if an individual works with two different contractors, they cannot be employed by both contractors within the same organization as it is prohibited by law.
I believe Mr. Umakanthan.M has proposed the correct solution.
From India, Pune
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A-Role of labour contractors in global production networks -A-1 Imp..pdf