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nirupamakhare
Dear All,
I have a query on legal issues.
We are in to placing contractual employees working for speciality positions to various pharma organisations.The confusion is whether they come under the contract labor law .One opinion is they are not and are deputed to the client the other group is saying they come under the contract law hence you would need contract license etc .specially as our organization is in Haryana state .
I am talking to our lawyer on the same .I look forward for any expert who can help me understand these issues .Is there any site and some books on the same .
thanking you all
Nirupama Khare


rajanassociates
50

Dear
See the defenition of worker in the CLRA Act.If their profile fits into that then if the qualifying numbers are there then no doubt you will have to go for a Licence.
Please always take specialist advice which is localised.
V.Sounder Rajan
Off : 044-4262 0864, 044-6587 4684,

From India, Bangalore
ggm
4

Dear Rajan,
I have here the same kind of question, we are in chennai a flexi staffing organisation where we depute our software engineers to our client's premises and in turn the clients depute them to their project sites, does CLRA act applies to this kind of transaction.
Secondly, does software engineers come under CLRA ACT.
Thanks & Regards,
Guru

From India, Madras
rajanassociates
50

Dear

Software Engineers per se you need to see whether they come within CLRA.The definition of employee under CLRA is like this

The term workman as defined in clause (i) of Section 2 of the CLRA is as follows:
Workman means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or un-skilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied but does not include any such person-

(A) who is employed mainly in a managerial or administrative capacity;
(B) who, being employed in a supervisory capacity draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature; or
(C) who is an out-worker, that is to say, a person to whom any articles and materials are given out by or on behalf of the principal employer to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the trade or business of the principal employer and the process is to be carried out either in the home of the out-worker or in some other premises, not being premises under the control and management of the principal employer.

As per the same SAIL judgment the definition is quite lucid. It has two limbs. The first limb indicates the meaning of the term as any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or un-skilled, supervisory, technical or clerical work for hire or reward. It is immaterial that the terms of employment are express or implied. The second limb contains three exclusionary classes - (A) managerial or administrative staff; (B) supervisory staff drawing salary exceeding Rs.500/-(p.m.) and (C) an out worker which implies a person to whom articles and materials are given out by or on behalf of the principal employer to be made up cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for purposes of the trade or business of the principal employer and the process is to be carried out either in the home of the out-worker or in some other place not being the premises under the control and management of the principal employer.

Recently the ID Act has enhanced the Salary limit to Rs 10,000/- but CLRA has not been amended and the same Rs 5000/-continues.

Kindly go through the above definition and decide for your self.

Also see our posts in https://www.citehr.com/285737-legal-...#axzz15hCR7r00

V.Sounder Rajan

Advocates & Notaries & Legal Consultants for Flexi Staffing Industry

E-mail :
Off : 044-4262 0864, 044-6587 4684,

From India, Bangalore
Raghunath Sabat
20

Hi Nirupama,

I understand that you have a query regarding the legal issues surrounding placing contractual employees for specialty positions in various pharma organizations. It's a good step to consult with your lawyer to get accurate advice specific to your situation and the laws applicable in your region. They will be able to guide you based on the local labor laws and regulations in Haryana state.

In addition to consulting with your lawyer, here are some additional resources that may help you understand contract labor laws and related issues:

Official Government Websites: Visit the official websites of the labor department or government agencies responsible for labor regulations in your country or state. These websites often provide information, guidelines, and resources related to labor laws, including contract labor.

Legal Books and Publications: There are several books and publications available that provide insights into labor laws, including contract labor regulations. Some recommended titles include "Contract Labour Laws: A Handbook for Employers" by H.L. Kumar and "Contract Labour (Regulation and Abolition) Act, 1970" by Universal Law Publishing.

Industry Associations and Chambers of Commerce: Reach out to industry associations and local chambers of commerce related to the pharma sector. They often have resources, legal experts, or forums where you can seek guidance or network with professionals facing similar challenges.

Consult with HR or Legal Professionals: Engage with HR professionals or legal experts with experience in labor laws and contract labor regulations. They may be able to provide you with practical insights and best practices specific to your industry and region.

Remember that labor laws can be complex and subject to interpretation. It's crucial to rely on expert advice, such as your lawyer, who can provide accurate guidance based on the specific laws and regulations applicable to your situation.

I hope this helps, and I wish you the best in resolving your legal queries.

From India, Mumbai
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