We are in a dilemma as to whether there are any chances of daily wage laborers claiming permanent employment. The company is a construction contractor who has engaged more than 1000 laborers in various sites. Please guide us on the way forward if there are any such possibilities.
From India, Kolkata
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2From India, Kolkata
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It is a very difficult question to answer with a simple "Yes" or "No" as it involves various aspects of employment. Contract labor cannot stake a claim for permanency only against the Principal Employer. They become contract labor only when they are engaged for the work of another with whom the contractor has undertaken a contract for service. Insofar as their employment under the contractor is concerned, it is a normal employment relationship of a contract of service as long as it subsists. As such, their claim for permanency under the contractor is an issue like a claim for any other conditions of employment. At the same time, the maintainability of such a claim has to be decided on factors like the posts held by them, the pattern of their mobilization and utilization, i.e., whether for a particular contract work in a specific locale lasting for a predetermined duration only or transferable everywhere.
I am not sure whether the term "daily wager" used by you simply denotes the mode of payment based on which calculation is to be made or the casual nature of employment so as to set both parties free from the obligation of continued employment.
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From India, Salem
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I am not sure whether the term "daily wager" used by you simply denotes the mode of payment based on which calculation is to be made or the casual nature of employment so as to set both parties free from the obligation of continued employment.
Regards
From India, Salem
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Contract Labour Act.zip
SELF-CERTIFICAT E PROFORMA UNNDER CONTRACT LABOUR (R&A) ACT, 1970.doc