Hello everyone, I am working in an IT firm. I want to know whether an employer can directly employ a contract employee or can only employ from a third party. I would request the experts to give suggestions on this.
Thanks, Chandrika
From India, Mumbai
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1Thanks, Chandrika
From India, Mumbai
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The term "contract employee" itself denotes that the employment or engagement of the employee is through a contractor. Therefore, to say that the employer can directly employ a contract employee is a misnomer. My surmise is that you are referring to a case where the employer engages an employee for a fixed period, that is, the appointment order would indicate the date on which the appointment would come to an automatic end. This type of employee is called a "fixed-term employee".
Regards,
V. Harikrishnan
Joint Commissioner of Labour (Retired)
Government of Tamil Nadu
Labour Law Consultant
Chennai
From India, Madras
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Regards,
V. Harikrishnan
Joint Commissioner of Labour (Retired)
Government of Tamil Nadu
Labour Law Consultant
Chennai
From India, Madras
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Hello Sir, please will you tell me the responsibility and duties of principal employer for contract employees.
From India, Gurgaon
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From India, Gurgaon
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Responsibilities of Principal Employers for Contract Employees
In the case of contract employees, the principal employer must ensure that the contractor complies with all statutory requirements regarding hours of work, payment of wages, weekly holidays, national and festival holidays, minimum wages, etc. Additionally, the principal employer must ensure the requirements of health and safety under the relevant Acts applicable to the establishment. If the contractor defaults on any of their statutory obligations, then the principal employer should comply with the statutory requirement and subsequently recover the cost from the contractor.
Regards,
V. Harikrishnan
Joint Commissioner of Labour (Retired)
Government of Tamil Nadu
Labour Law Consultant
Chennai
From India, Madras
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In the case of contract employees, the principal employer must ensure that the contractor complies with all statutory requirements regarding hours of work, payment of wages, weekly holidays, national and festival holidays, minimum wages, etc. Additionally, the principal employer must ensure the requirements of health and safety under the relevant Acts applicable to the establishment. If the contractor defaults on any of their statutory obligations, then the principal employer should comply with the statutory requirement and subsequently recover the cost from the contractor.
Regards,
V. Harikrishnan
Joint Commissioner of Labour (Retired)
Government of Tamil Nadu
Labour Law Consultant
Chennai
From India, Madras
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Dear Sir, Can you brief for how long a person be a "fixed term employee". Regards, Tanmaya Panda
From India, New Delhi
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From India, New Delhi
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An employer can directly employ a contract employee, but they should take care of the employee's ESI and PF, i.e., statutory needs. If the employee is hired through a contractor, the contractor will take care of the statutory requirements.
Regards,
Raghav
From India, Bangalore
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Regards,
Raghav
From India, Bangalore
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf