Hello friends, Plz confirm whether provisions of Industrial Employment Standing Orders are applicable on Contact Labour or not, if labour is 50& above ( in case appropriate Govt. is Central Govt. under ID Act). What rules will be applicable when the deployment of labour is less than 50.
From India, Calcutta
From India, Calcutta
There is no contract of employment between the principal employer and the contract labor. Therefore, the Standing Orders of the PE's establishment is not applicable to the contract labor engaged therein.
If the no of contract labor falls below 50 if which is the threshold, the contractor need not be required to obtain licence for the deployment of contract labor.
From India, Salem
6018If the no of contract labor falls below 50 if which is the threshold, the contractor need not be required to obtain licence for the deployment of contract labor.
From India, Salem
Sir,
Thanks for providing inputs.
But i still have boubts.
In our establishment ( Appropriate Govt. is Central Govt.), we have our own certified standing Orders which are applicable on our workmen.
In our establishment there is a contractor who has deployed more than 50 contact labourers, does Model Industrial Employment Standing Orders will be applicable on the establishment of Contractor.
In another case there is contractor who has deployed less than 50 workmen. how their Employment conditions will be regularized.
Kindly provide some information or judgement in this regard.
Regards,
Trapti Sachan
From India, Calcutta
Thanks for providing inputs.
But i still have boubts.
In our establishment ( Appropriate Govt. is Central Govt.), we have our own certified standing Orders which are applicable on our workmen.
In our establishment there is a contractor who has deployed more than 50 contact labourers, does Model Industrial Employment Standing Orders will be applicable on the establishment of Contractor.
In another case there is contractor who has deployed less than 50 workmen. how their Employment conditions will be regularized.
Kindly provide some information or judgement in this regard.
Regards,
Trapti Sachan
From India, Calcutta
Dear colleague,
The company's certified standing orders won't be applicable to the contractor's workers . But the strength of the contract labour being more than 50, The Industrial Employment Standing Orders Act /Rules are applicable and hence Model Standing Orders contained therein will also apply.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
The company's certified standing orders won't be applicable to the contractor's workers . But the strength of the contract labour being more than 50, The Industrial Employment Standing Orders Act /Rules are applicable and hence Model Standing Orders contained therein will also apply.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
Sorry to differ, Mr.Vinayak.
Irrespective of the no. of contract labor, the Principal Employer has no disciplinary control over the CL.
As such, it is for the contractor to have his own Standing Orders certified or to follow the MSO in case of any necessity.
From India, Salem
Irrespective of the no. of contract labor, the Principal Employer has no disciplinary control over the CL.
As such, it is for the contractor to have his own Standing Orders certified or to follow the MSO in case of any necessity.
From India, Salem
Dear Mr Umakanthan,
The query was if the contractor is engaging 50 or more workers , whether provisions of IE SO Act are applicable to the contractor's workers ,and to that I replied in the affirmative.
I nowhere mentioned that the disciplinary action for contract labour is to be taken by PE. I am well aware that in the context of applicability of the said Act/Rules to the contractor , the contractor is responsible for taking the action.
I did not touch this point as the query was only relating to the applicability or otherwise of SO and the contractor's responsibility , therefore, obviously follows.
May be my limited answer and presumption about this aspect, has misled you Sir, which I did not mean it.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
The query was if the contractor is engaging 50 or more workers , whether provisions of IE SO Act are applicable to the contractor's workers ,and to that I replied in the affirmative.
I nowhere mentioned that the disciplinary action for contract labour is to be taken by PE. I am well aware that in the context of applicability of the said Act/Rules to the contractor , the contractor is responsible for taking the action.
I did not touch this point as the query was only relating to the applicability or otherwise of SO and the contractor's responsibility , therefore, obviously follows.
May be my limited answer and presumption about this aspect, has misled you Sir, which I did not mean it.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
Dear Mr Radhakrishnan,
If the contractor is engaging 50 or mor workers in PE's premises, his establishment will be covered underState Shops and Est Act, Therefore , IESO Act/Rules will apply to his establishment.
Regards ,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
If the contractor is engaging 50 or mor workers in PE's premises, his establishment will be covered underState Shops and Est Act, Therefore , IESO Act/Rules will apply to his establishment.
Regards ,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
Dear Mr. Nagarkar,
Sorry I have a different opinion. If the establishment's strength is 50 or more, Standing Orders can be applied (in State like Kerala) - prior to introduction of new code. In some States, employee strength should have become 100 or more.
But, now with recent introduction of new Labour Code, the strength has been increased to 300.
From India, Aizawl
Sorry I have a different opinion. If the establishment's strength is 50 or more, Standing Orders can be applied (in State like Kerala) - prior to introduction of new code. In some States, employee strength should have become 100 or more.
But, now with recent introduction of new Labour Code, the strength has been increased to 300.
From India, Aizawl
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Industrial Employment Standing Oder Act.doc