Dear Sir/Madam,
Are there any specified leave rules for employees as per the Contract Labour Act? I am working in a construction organization, and we have different working sites all over India. Are there different procedures in each state?
Regards,
Mahesh
From India, Gurgaon
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Are there any specified leave rules for employees as per the Contract Labour Act? I am working in a construction organization, and we have different working sites all over India. Are there different procedures in each state?
Regards,
Mahesh
From India, Gurgaon
Acknowledge(0)Amend(0)
The Contract Labour (Regulation and Abolition) Act, 1970 is a special labor enactment applicable to all industries adopting the system of indirect labor called "contract labor." The objective of the Act is to regulate this practice initially with appropriate restrictions and secondly to abolish it wherever possible. It is not confined to a particular type of establishment or industry. As such, it is both regulatory and prohibitive insofar as the employment of contract labor is concerned.
The hidden purposes behind this practice are free hire and fire, cheap and outsourced labor to curtail direct employment relationships and avoid the statutory obligations associated with regular employment. The inclusion of separate and specific provisions relating to conditions of employment like working hours, leave provisions, etc., would be a contra-indication of the contract labor who work alongside the regular labor of the establishment. That's why we don't find any such provisions among the existing 35 sections of the Act.
The contract for service entered into between the Principal Employer and the Contractor is the thin veil shrouding the contract of service between the physical benefactor and the beneficiary, namely the contract labor and the Principal Employer. Therefore, all service conditions, including leave, as they are applicable to the regular employees of the establishment, are equally applicable to the contract labor engaged in the establishment.
Regards, Mahesh
From India, Salem
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6108The hidden purposes behind this practice are free hire and fire, cheap and outsourced labor to curtail direct employment relationships and avoid the statutory obligations associated with regular employment. The inclusion of separate and specific provisions relating to conditions of employment like working hours, leave provisions, etc., would be a contra-indication of the contract labor who work alongside the regular labor of the establishment. That's why we don't find any such provisions among the existing 35 sections of the Act.
The contract for service entered into between the Principal Employer and the Contractor is the thin veil shrouding the contract of service between the physical benefactor and the beneficiary, namely the contract labor and the Principal Employer. Therefore, all service conditions, including leave, as they are applicable to the regular employees of the establishment, are equally applicable to the contract labor engaged in the establishment.
Regards, Mahesh
From India, Salem
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THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970.doc
Amendments-to-t he-Tamil-Nadu-C ontract-Labour- Regulation-and- Abolition-Rules .pdf