Hi, two staff members are to be dismissed from my organization to be replaced by cleaners outsourced from a contractor. Please provide me with references to the Labor Act in force in India that covers an employer in such a case. Thank you in advance.
From France, Paris
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From France, Paris
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If you want to dismiss your staff employees, it is mandatory to conduct an inquiry. If you wish to simply terminate them, you need to check their appointment letters to see if they permit such a discharge. Otherwise, the terminations will be illegal.
Regards,
S.M. Paranjape, Adv (Labour Law Consultant)
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From India, Pune
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12Regards,
S.M. Paranjape, Adv (Labour Law Consultant)
[Email Removed For Privacy Reasons]
[Phone Number Removed For Privacy Reasons]
From India, Pune
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I think you are in need of moral and legal support for a cruel and illegal decision. I have used the adjective 'illegal' in the Indian context as I suppose you are in France.
Legal Implications of Contract Labour
If the engagement of contract labour in any work or process of an establishment is prohibited by the Appropriate Government under Sec. 10 of the Contract Labour (Regulation and Abolition) Act, 1970, you cannot employ contract labour in that activity. Moreover, it would not be ethical to dismiss a regular workman straight away for the sake of replacing them with contract labour.
From India, Salem
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Legal Implications of Contract Labour
If the engagement of contract labour in any work or process of an establishment is prohibited by the Appropriate Government under Sec. 10 of the Contract Labour (Regulation and Abolition) Act, 1970, you cannot employ contract labour in that activity. Moreover, it would not be ethical to dismiss a regular workman straight away for the sake of replacing them with contract labour.
From India, Salem
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Legal Compliance Plan.xls