when contract worker is eligible to be a regular worker. and please advice me to how to avoid this type of situation if such problem arises.
From India
From India
I am not sure what exactly is the answer you expect. Employment of regular workmen and engagement of contract labour in the works of the same establishment are distinguishable in terms of nature of works and employment relationship. Not only from legal perspective but also from the point of employment ethics, Core or main activity of the establishment which requires close supervision has to be done or carried out through regular workmen to ensure operational continuity and quality whereas incidental works may be entrusted to with contractors to be done by their workmen called contract labour. Even though the works done by the contract labour are also of the same establishment, the employment relationship is indirect by the presence of an intermediary viz., the contractor who only has direct control over them. So, as long as the presence of a contractor is there whether actually or in paper between the principal employer and the contract labour, the question of contract labour becoming eligible to be absorbed as regular workmen does not arise. If the engagement of contract labour is genuine and bonafide, such a situation can not arise.
From India, Salem
6018From India, Salem
Rightly said by Umakanthan sir. The post related to taking strategic decision, close supervision, monitoring should be done by direct employment and jobs related to day to day activities, assistance, supporting staff etc can be done through Contract Labour.
Even when we apply for Labour Licence / Regn. Copy (RC), the LO demands an affidavit which certify that "workmen employed by me/my company (contractor) company are not performing the same and similar kind of work as the workmen directly employed by the establishment (PE) are performing.
Moreover, when you engaged Contract Labour, clearly mention in the Agreement "It is clearly understood and agreed by and between the parties that PE shall not be held responsible or liable under the laws, that are in force and that may come in force from time to time, in respect of the personnel of Contractor and Cont. alone shall be solely responsible for their terms and conditions of services, safety, etc. and on no account the personnel of Cont. shall be deemed to be employees of PE".
Hope this will clarify the matter in detail.
From India, Delhi
Even when we apply for Labour Licence / Regn. Copy (RC), the LO demands an affidavit which certify that "workmen employed by me/my company (contractor) company are not performing the same and similar kind of work as the workmen directly employed by the establishment (PE) are performing.
Moreover, when you engaged Contract Labour, clearly mention in the Agreement "It is clearly understood and agreed by and between the parties that PE shall not be held responsible or liable under the laws, that are in force and that may come in force from time to time, in respect of the personnel of Contractor and Cont. alone shall be solely responsible for their terms and conditions of services, safety, etc. and on no account the personnel of Cont. shall be deemed to be employees of PE".
Hope this will clarify the matter in detail.
From India, Delhi
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Notification No G.S.R. 1128(E) Contract Labour (Regulation and Abolition) Central Amendment .pdf
LABOUR CONTRACT AGREEMENT.doc
Contract Labour Act.zip