Dear All, I would like to employ contract labours through a contractor and wish to have the same contract labours for a longer period and on the role of the contractor. The break-in service and again finding new helpers/contract labours, give them training seems to be a very difficult job. Can our labour contractor make his employees permanent on his payroll and provide us with the manpower?
From India, Mumbai
From India, Mumbai
Dear All, I would like to give employment to labour through a contractor and will like them to be with us for a longer period. Or can the contractor provide us the labour for permanent. Jeevan
From India, Pune
From India, Pune
Dear
The object of employing Contract Labour on a permanent basis itself is against the SAIL Judgment of the Apex Court which considers such arrangements as sham running the risk of the Contract labour claiming permanency .
rajanassociates
Pls see https://www.citehr.com/285737-legal-...dustry-13.html
From India, Bangalore
50The object of employing Contract Labour on a permanent basis itself is against the SAIL Judgment of the Apex Court which considers such arrangements as sham running the risk of the Contract labour claiming permanency .
rajanassociates
Pls see https://www.citehr.com/285737-legal-...dustry-13.html
From India, Bangalore
As suggested by Rajan engaging contract labour on a permanent basis will be viewed very seriously in view of the recent judgement by the Supreme Court in Bhilwara Milk Cooperative Society's case. It will be taken as an attempt to deter rights of employees under various labour laws.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Dear Seniors,
Please advise the following :
1) whether we can engage contract labour for more than 3 years?
2) Can we engage a Labour Contractor for more than 3 years, bcoz we were told by someone that a labour contractor can not be more than 3 years time frame, otherwise the labour contractor will be deemed as an employee of the principle employer not labour contractor.
please advise
rgds - Amit Kumar
From India, Lucknow
Please advise the following :
1) whether we can engage contract labour for more than 3 years?
2) Can we engage a Labour Contractor for more than 3 years, bcoz we were told by someone that a labour contractor can not be more than 3 years time frame, otherwise the labour contractor will be deemed as an employee of the principle employer not labour contractor.
please advise
rgds - Amit Kumar
From India, Lucknow
Dear
Both your questions are complicated.As long as you and your Contractor comply with CLRA provisions and the CLRA License is renewed without violation of conditions of issue , the Law by itself will protect you.
rajanlawfirm
https://www.citehr.com/285737-legal-...dustry-13.html
From India, Madras
Both your questions are complicated.As long as you and your Contractor comply with CLRA provisions and the CLRA License is renewed without violation of conditions of issue , the Law by itself will protect you.
rajanlawfirm
https://www.citehr.com/285737-legal-...dustry-13.html
From India, Madras
Dear Amit,
Things which you have heard are not nothing to do with CLRA.
For effective contract labour management. Following things can be done.
1. Six months break in one year. ( No artificial break )
2. Control & supervision should be done by contractors.
3. Administrative Management like Leaves, Gate pass, disciplinary actions, absent cases should be handeld & control by contractor & not Employer.
4. Certification by Employer's representative for payment made in front of him.
5. Engagement of Contract Labour in support function.
6. Fluctuating number of Contract Labour on RC ( Certificate of Registration ), since it will reflect your requirement is not constant.
7. Valid agreement between Employer & Contractor, Valid License with Contractor. Valid RC with Employer.
Hope this can help you.
Regards,
Rahul Bagale
From Korea
Things which you have heard are not nothing to do with CLRA.
For effective contract labour management. Following things can be done.
1. Six months break in one year. ( No artificial break )
2. Control & supervision should be done by contractors.
3. Administrative Management like Leaves, Gate pass, disciplinary actions, absent cases should be handeld & control by contractor & not Employer.
4. Certification by Employer's representative for payment made in front of him.
5. Engagement of Contract Labour in support function.
6. Fluctuating number of Contract Labour on RC ( Certificate of Registration ), since it will reflect your requirement is not constant.
7. Valid agreement between Employer & Contractor, Valid License with Contractor. Valid RC with Employer.
Hope this can help you.
Regards,
Rahul Bagale
From Korea
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