Dear All,
If some labour are working under the contractor .Will they are eligible for Leave ?If they are not working for 240 days ,then how leave will assigned?If yes kindly suggest me how it will be.
Thanks in advance
With Regards
Anil
From India, Bhubaneswar
1If some labour are working under the contractor .Will they are eligible for Leave ?If they are not working for 240 days ,then how leave will assigned?If yes kindly suggest me how it will be.
Thanks in advance
With Regards
Anil
From India, Bhubaneswar
Dear Anil,
As a principal employer, you are ultimately responsible for your contractors' labour compliance. Hence all you need to do is ensure that the contractor is giving the requisite benefits, maintaining registers and following compliances. You ask the contractor to submit their registers for checking every month prior to clearing his bill and you keep a copy as well.
Now for leaves - if those workers have been working under the contractor for more than 240 days then they need to get the leave @ 1 days for every 20 days worked ; irrespective of whether they have worked on your project for less than 240 days. Hence you just need to ensure their leave register copy is given to you.
If the workers has worked for less than 240 days, then they are ineligible; provided its not due to discharge, dismissal, retrenchment, passes away in service. Then rules are different.
Do let us know if you need further information.
Regards,
Deena Jagasia
From India, Mumbai
As a principal employer, you are ultimately responsible for your contractors' labour compliance. Hence all you need to do is ensure that the contractor is giving the requisite benefits, maintaining registers and following compliances. You ask the contractor to submit their registers for checking every month prior to clearing his bill and you keep a copy as well.
Now for leaves - if those workers have been working under the contractor for more than 240 days then they need to get the leave @ 1 days for every 20 days worked ; irrespective of whether they have worked on your project for less than 240 days. Hence you just need to ensure their leave register copy is given to you.
If the workers has worked for less than 240 days, then they are ineligible; provided its not due to discharge, dismissal, retrenchment, passes away in service. Then rules are different.
Do let us know if you need further information.
Regards,
Deena Jagasia
From India, Mumbai
How can you ensure that these contract labours have worked for 240 days under the contractor when he keeps on changing the place of posting and when under you the said worker has not worked for 240 days?
It is not possible. Certainly, if you find that the same worker has been engaged for you, you can direct the contractor to grant him leave as per the relevant Act (under Shops and Comm. Establishments Act there is nothing like 240 days), but at whose cost? It will be at the principal employer's cost that the contractor will be giving him the leave or leave encashment. And now, if you do it and continue to do it for years, that itself is a proof of continuous service which may put the principal employer into troubles and even lead to assuming the liabilities under the Payment of Gratuity Act.
Madhu.T.K
From India, Kannur
It is not possible. Certainly, if you find that the same worker has been engaged for you, you can direct the contractor to grant him leave as per the relevant Act (under Shops and Comm. Establishments Act there is nothing like 240 days), but at whose cost? It will be at the principal employer's cost that the contractor will be giving him the leave or leave encashment. And now, if you do it and continue to do it for years, that itself is a proof of continuous service which may put the principal employer into troubles and even lead to assuming the liabilities under the Payment of Gratuity Act.
Madhu.T.K
From India, Kannur
In the case of workers (even those employed directly) who have not worked for 240 days, no leave will accrue as per Factories Act. But this 240 days should not be interpreted as days the worker is physically present for work but it should include all weekly off days, holidays and other paid leave days for which the worker has been given wages and the days on which he was absent due to employment injury, or simply the ESI leave days.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
I think my previous post is clear, that 240 days should include days one employee remained on paid leaves. If an employee had physically present on 220 days, but has taken some 15 days of EL, was on ESI leave for 5 days, then also he will be eligible for leave since he has worked for 240 days. But his leave will be calculated on his actual days physically present, that is 220 and he will get 11 days of leave only.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
LABOUR CONTRACT AGREEMENT.doc