In the factories, there are 73 employees, all of whom are contract laborers. Therefore, I am aware that the Contract Labour (Regulation and Abolition) Act is applicable, and the factories are covered under the Tamil Nadu Factories Rules.
Applicable Acts Inquiry
My question is whether the following Acts are applicable or not:
1. Industrial Disputes Act
2. Standing Orders Act
3. Bonus Act
4. Gratuity Act
5. Subsistence Allowance Act
Thanks & Regards,
Hekarthik
From India, Coimbatore
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46Applicable Acts Inquiry
My question is whether the following Acts are applicable or not:
1. Industrial Disputes Act
2. Standing Orders Act
3. Bonus Act
4. Gratuity Act
5. Subsistence Allowance Act
Thanks & Regards,
Hekarthik
From India, Coimbatore
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Understanding Contract Labor in Your Factory
You have 73 employees in your factory, and all are contract labor. What does this mean? Do you not have any regular workers, and are all employees under a contractor or employed on a contractual basis, say for two years or until the completion of a project? If you mean to say that all are engaged through a contractor and not under your rolls, you are at risk because you cannot engage contract labor in operations of a perennial nature. There should be direct labor who will perform all the core functions, and you can engage contract labor in activities not directly related to the main operations of the business.
On the other hand, if you have taken on a work/project that is to be completed over a time period, and for that, you have hired labor on a fixed-term contract, then it is okay, and you can employ them on a contractual basis for such time as provided in the contract. In this scenario, the Contract Labor (Regulation and Abolition) Act will not be applicable. In the former case, the CLRA Act will be applicable, though the system itself is illegal.
All other Acts named in the thread will be applicable to the factory.
Regards,
Madhu.T.K
From India, Kannur
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You have 73 employees in your factory, and all are contract labor. What does this mean? Do you not have any regular workers, and are all employees under a contractor or employed on a contractual basis, say for two years or until the completion of a project? If you mean to say that all are engaged through a contractor and not under your rolls, you are at risk because you cannot engage contract labor in operations of a perennial nature. There should be direct labor who will perform all the core functions, and you can engage contract labor in activities not directly related to the main operations of the business.
On the other hand, if you have taken on a work/project that is to be completed over a time period, and for that, you have hired labor on a fixed-term contract, then it is okay, and you can employ them on a contractual basis for such time as provided in the contract. In this scenario, the Contract Labor (Regulation and Abolition) Act will not be applicable. In the former case, the CLRA Act will be applicable, though the system itself is illegal.
All other Acts named in the thread will be applicable to the factory.
Regards,
Madhu.T.K
From India, Kannur
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is Industrial Dispute Act 1947 applicable to contratual workers?
From India, Pune
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From India, Pune
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Industrial Disputes Act is applicable to both workers on contractual basis and those engaged through a contractor. Madhu.T.K
From India, Kannur
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From India, Kannur
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Dear Madhu Ji, thanks for the information. If it’s possible, please share the relevant notification or section/rule. Also, could you clarify if it differs from state to state regarding the applicability of the ID Act to contract workers?
Thanks & Regards,
Hekarthi
From India, Coimbatore
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Thanks & Regards,
Hekarthi
From India, Coimbatore
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Definition of Workmen Under Section 2(s) of the ID Act
The definition of workmen under section 2(s) of the ID Act itself shows that any person 'employed' implies that a person engaged through a contractor is also an employee or workman. The Amendment of 2010 has also provided, while amending the scope of appropriate authority, that ".......Provided that in case of a dispute between a contractor and the contract labour employed through the contractor in any industrial establishment where such dispute first arose, the appropriate Government shall be the Central Government or the State Government, as the case may be, which has control over such industrial establishment."
The ID Act is a Central Act and the same is applicable to all states, though there can be changes in the state amendments or Rules, but these will not have much difference.
Regards,
Madhu.T.K
From India, Kannur
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The definition of workmen under section 2(s) of the ID Act itself shows that any person 'employed' implies that a person engaged through a contractor is also an employee or workman. The Amendment of 2010 has also provided, while amending the scope of appropriate authority, that ".......Provided that in case of a dispute between a contractor and the contract labour employed through the contractor in any industrial establishment where such dispute first arose, the appropriate Government shall be the Central Government or the State Government, as the case may be, which has control over such industrial establishment."
The ID Act is a Central Act and the same is applicable to all states, though there can be changes in the state amendments or Rules, but these will not have much difference.
Regards,
Madhu.T.K
From India, Kannur
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Industrial Disputes Amendment Act 2010.doc
Contract Labor - PPT.ppt