dear all
assume that In my company two contrctor A & B , XY is a contract labour employed by contractor A, he work up to six ( jan. to june )month for A and his service is terminate again he joined to B contractor work up to (july to Dec ) in same company, he work more than 240 day in company under two differant contractor, now my question, can XY claim for permanency?
pl legally suggest
waiting suggestion frm malik sir & madhu :?:
thanks
sachin
From India, Mumbai
11assume that In my company two contrctor A & B , XY is a contract labour employed by contractor A, he work up to six ( jan. to june )month for A and his service is terminate again he joined to B contractor work up to (july to Dec ) in same company, he work more than 240 day in company under two differant contractor, now my question, can XY claim for permanency?
pl legally suggest
waiting suggestion frm malik sir & madhu :?:
thanks
sachin
From India, Mumbai
Dear Mr. Sachin,
In my opinion the concept of 240 days is not applicable to the contract worker that is applicable to only casual workers. But subject to your organization is not providing any kind of reimbursement directly to the contract workers.
Rgds,
Akshay.
From India, Mumbai
In my opinion the concept of 240 days is not applicable to the contract worker that is applicable to only casual workers. But subject to your organization is not providing any kind of reimbursement directly to the contract workers.
Rgds,
Akshay.
From India, Mumbai
Hai,
You can engage the contract labour in non-core areas in order to avoid problems.Further,if they cross 240 days in a year,they are entitled for EL's as per Factories act.It is better that they should not cross 240 days in a calender year to avoid problems.
H'ever,you should have rigistration to engage the conract labour
Secondly,the contractor ahould have licence to engage the contract labour and should have ESI and PF separate code numbers for coverage etc.,This would help us alot.
Sudheer Reddy
9866234587
From Ireland
You can engage the contract labour in non-core areas in order to avoid problems.Further,if they cross 240 days in a year,they are entitled for EL's as per Factories act.It is better that they should not cross 240 days in a calender year to avoid problems.
H'ever,you should have rigistration to engage the conract labour
Secondly,the contractor ahould have licence to engage the contract labour and should have ESI and PF separate code numbers for coverage etc.,This would help us alot.
Sudheer Reddy
9866234587
From Ireland
dear sachin
A and B are two seprate employers.xy is not your employee and they were employee of A for 6 month and B for 6 month.
first they have not completed 240 days with any of contractor.
dear if at all they complete even 2 years with one contractor ,they will claim permanancy with contractor not with your company.
while hiring contract you should register them and contractor should take licence and they should have PF and ESI code seprately.
tks
j s malik
From India, Delhi
A and B are two seprate employers.xy is not your employee and they were employee of A for 6 month and B for 6 month.
first they have not completed 240 days with any of contractor.
dear if at all they complete even 2 years with one contractor ,they will claim permanancy with contractor not with your company.
while hiring contract you should register them and contractor should take licence and they should have PF and ESI code seprately.
tks
j s malik
From India, Delhi
Dear MallikSir I heard that if contract labour completes 240 days he gains permenancy . Please put some more light on the same. regards Rajeev Dixit
From India, Bangalore
From India, Bangalore
dear rajiv
no ,not at all.first thing ,he is not your employee,if at all he will claim permanancy than it will be with contractor not with company.
dear if you are hiring contract labour without proper registration and licence
than contracor employee becomes your employee and they can claim permanancy.
if you have proper record than let them work 2 years they will be contractor
employee not yours.
tks
j s malik
From India, Delhi
no ,not at all.first thing ,he is not your employee,if at all he will claim permanancy than it will be with contractor not with company.
dear if you are hiring contract labour without proper registration and licence
than contracor employee becomes your employee and they can claim permanancy.
if you have proper record than let them work 2 years they will be contractor
employee not yours.
tks
j s malik
From India, Delhi
Dear Friends,
I would like to add here that nature of work is important factor in deciding 240 days if employee is engaged by two contractor but they are operating on same workplace and nature of job simultenously uninterruptedly then principle employer will be in trouble. For example one contractor finished his contract Jan to June next contractor engaged on same operation from July to December then this is problem to prove that this employees are not engaged into operation of intermitant nature.
Contract labour only engaged on intermitent nature you cannot employ them on continous operation which is integral part of regular operation.
It is presumed that two contractors working two seperate operations of nature of job and place of work is different then no question arises because company may hire many contractors and contractors can hire employees where principle employer has no liability in that case.
This is basic difference.
Regards
Badlu
From Saudi Arabia
I would like to add here that nature of work is important factor in deciding 240 days if employee is engaged by two contractor but they are operating on same workplace and nature of job simultenously uninterruptedly then principle employer will be in trouble. For example one contractor finished his contract Jan to June next contractor engaged on same operation from July to December then this is problem to prove that this employees are not engaged into operation of intermitant nature.
Contract labour only engaged on intermitent nature you cannot employ them on continous operation which is integral part of regular operation.
It is presumed that two contractors working two seperate operations of nature of job and place of work is different then no question arises because company may hire many contractors and contractors can hire employees where principle employer has no liability in that case.
This is basic difference.
Regards
Badlu
From Saudi Arabia
Dear Sachin,
The Supreme Court of India had first distinguished between core and non core areas of business for permanency. For example a security guard or a cook in the canteen of a factory manufacturing paints cannot claim permanency on the grounds of 240 days.
Further, now you will also have to understand the process.
1. The Appropriate Authority will first have to issue a notification abolishing engagement of contract labour in a particular area, class, type or industry under the Contract Labour Act.
2. Once this is issued, no contract labour can be engaged by organisations in which the notification is applicable.
3. It is now the sole discretion of the Oraganisation on whether they would recruit new workers from the market or offer permanency to the existing contract labour, and the existing contract labour have no legal right to permanency.
Regards,
SC
From India, Thane
The Supreme Court of India had first distinguished between core and non core areas of business for permanency. For example a security guard or a cook in the canteen of a factory manufacturing paints cannot claim permanency on the grounds of 240 days.
Further, now you will also have to understand the process.
1. The Appropriate Authority will first have to issue a notification abolishing engagement of contract labour in a particular area, class, type or industry under the Contract Labour Act.
2. Once this is issued, no contract labour can be engaged by organisations in which the notification is applicable.
3. It is now the sole discretion of the Oraganisation on whether they would recruit new workers from the market or offer permanency to the existing contract labour, and the existing contract labour have no legal right to permanency.
Regards,
SC
From India, Thane
Dear Friends,
The concept of 240 days is applicable even to the contract workers, if the contract agreement is sham, and the supervison of the contract workers is done by the principal employer. If you engage them intermittently the concept of the 240 days is not applicable. The 240 days continuous work in the previous year is considered for calculation. Please make sure that the contract labour should not be engaged for regular/routine works.
G.K. Manjunath
From India, Bangalore
The concept of 240 days is applicable even to the contract workers, if the contract agreement is sham, and the supervison of the contract workers is done by the principal employer. If you engage them intermittently the concept of the 240 days is not applicable. The 240 days continuous work in the previous year is considered for calculation. Please make sure that the contract labour should not be engaged for regular/routine works.
G.K. Manjunath
From India, Bangalore
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