In A organization we were working thro\' contractor. We engaged in main production activty, & principal employer appointed only production Manager no other worker is engaged thro\' principal employer.Now pricipal employer want to shut the plant for renovation. We all are the permanent workers of contractor. Principal employer saying we r not their worker so they are nothing to do with us.Now our contractor wants to take settlement otherwise transfer to other states. Can we insist to principal employer to continue us as factory is going to restart after renovation?
From India, Mumbai
From India, Mumbai
In compelling reasons anybody can not compel the employer to run the business. If the employer is interested to transfer you in the mean time then also you can not deny the same. If you are gettting better settlement then why don't you go for it?
From India, Pune
467From India, Pune
Dear Pbhintade,
First of all, your principle employer is doing the abolition under the contract labour act. core activities of business are not allowed for contract work. i am assure, authority is not yet issued the RC to them & not grande license to contractor too.
If they doesn't have issued RC & License, so, automatically all staffs shall be consider as direct employment of principle employer.
Regards,
Tushar Swar
From India, Mumbai
First of all, your principle employer is doing the abolition under the contract labour act. core activities of business are not allowed for contract work. i am assure, authority is not yet issued the RC to them & not grande license to contractor too.
If they doesn't have issued RC & License, so, automatically all staffs shall be consider as direct employment of principle employer.
Regards,
Tushar Swar
From India, Mumbai
Dear Friend,
It is difficult to answer your query because it is not clear me as to whether the Principal Employer has obtained the Certificate of Registration in respect of Factory, in question, under the Contract Labour Act.
Assuming the Principal Employer has obtained Certificate of Registration and issued Form - V to the Contractor at the time of engaging contract labors by virtue of an agreement. Upon receipt of Form -V , the contractor has applied for issuance of Labour Licence from the Labour Department and got the same. In that event,the Contract Labors can not insist the principal employer to continue them.
For further query, you may contact me.
Sibabrata Majumdar
Management Consultantant - Legal & HR
Mb:9830023706
From India, Calcutta
It is difficult to answer your query because it is not clear me as to whether the Principal Employer has obtained the Certificate of Registration in respect of Factory, in question, under the Contract Labour Act.
Assuming the Principal Employer has obtained Certificate of Registration and issued Form - V to the Contractor at the time of engaging contract labors by virtue of an agreement. Upon receipt of Form -V , the contractor has applied for issuance of Labour Licence from the Labour Department and got the same. In that event,the Contract Labors can not insist the principal employer to continue them.
For further query, you may contact me.
Sibabrata Majumdar
Management Consultantant - Legal & HR
Mb:9830023706
From India, Calcutta
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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