Do contract workmen come under the Industrial Employment (Standing Orders) Act, 1946 ?
From India, Nuvem
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2From India, Nuvem
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Contractual Relationships and Standing Orders
Legally, there is no contract between the principal employer and the contract labor individually, although there is a contract between the principal employer and the contractor. Therefore, the contract labor engaged through a contractor will not be governed by the orders of the Certified Standing Orders of the company for which they work.
From India, Kannur
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Legally, there is no contract between the principal employer and the contract labor individually, although there is a contract between the principal employer and the contractor. Therefore, the contract labor engaged through a contractor will not be governed by the orders of the Certified Standing Orders of the company for which they work.
From India, Kannur
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To supplement Mr. Madhu's answer, let me put the legal position in a different way.
- To determine if a contract worker falls under the Industrial Employment (Standing Orders) Act, we need to check the definition of "Workman" under the act.
- The definition of "Workman" in the Industrial Employment (Standing Orders) Act is borrowed from Section 2(s) of the Industrial Disputes Act.
- According to Section 2(s) of the Industrial Disputes Act, a contract worker is not a "Workman" for the principal employer.
- Therefore, a contract worker of a principal employer is not covered by the Industrial Employment (Standing Orders) Act.
- However, the contract worker may be considered a "Workman" for their employer (the contractor). Thereby the Standing Order Act would apply to him with the limit to his employment with his employer (the contractor).
From India, Bangalore
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- To determine if a contract worker falls under the Industrial Employment (Standing Orders) Act, we need to check the definition of "Workman" under the act.
- The definition of "Workman" in the Industrial Employment (Standing Orders) Act is borrowed from Section 2(s) of the Industrial Disputes Act.
- According to Section 2(s) of the Industrial Disputes Act, a contract worker is not a "Workman" for the principal employer.
- Therefore, a contract worker of a principal employer is not covered by the Industrial Employment (Standing Orders) Act.
- However, the contract worker may be considered a "Workman" for their employer (the contractor). Thereby the Standing Order Act would apply to him with the limit to his employment with his employer (the contractor).
From India, Bangalore
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Industrial Employment Standing Orders Act 1946.pdf