Dear All,
I would like to inform that one contract employee filed a case against the principal employer stating that he was the employee of ABC company(Principal employer) and not AZ company(Contractor). In response to that Conciliation officer sent a notice to the principal employer to attend conciliation proceedigs based on the contract employee petition.
We have attended conciliation procedings and submited relevent documents to prove he was the contract employee, but the contract employees so for not submitted any of the documents to prove he is the employee of ABC company. We requested the conciliation officer to close the proceedigns since the contract employee not submited any of the documents to prove he is our employee but he is not interested to close the proceedings and also he is not interested look out our documents which we have submitted. Hence we are not attending further proceedings.
Kindly advice over this issue.
rns
From India, Mumbai
4I would like to inform that one contract employee filed a case against the principal employer stating that he was the employee of ABC company(Principal employer) and not AZ company(Contractor). In response to that Conciliation officer sent a notice to the principal employer to attend conciliation proceedigs based on the contract employee petition.
We have attended conciliation procedings and submited relevent documents to prove he was the contract employee, but the contract employees so for not submitted any of the documents to prove he is the employee of ABC company. We requested the conciliation officer to close the proceedigns since the contract employee not submited any of the documents to prove he is our employee but he is not interested to close the proceedings and also he is not interested look out our documents which we have submitted. Hence we are not attending further proceedings.
Kindly advice over this issue.
rns
From India, Mumbai
Dear rns,
In the capacity of Conciliation Officer under the I D Act, 1947 he is only to try for an amicable settlement on the demand notice filed by the workman & if no settlement could be arrived at between the parties then he is required to send a failure report ( FOC) to the appropriate govt.Thus he is not a position to close the proceedings. You should not hesitate in attending the conciliation proceedings.For more details plz go through section 11 & 12 of the Industrial Disputes Act ,1947
With Regards,
R.N.Khola
From India, Delhi
In the capacity of Conciliation Officer under the I D Act, 1947 he is only to try for an amicable settlement on the demand notice filed by the workman & if no settlement could be arrived at between the parties then he is required to send a failure report ( FOC) to the appropriate govt.Thus he is not a position to close the proceedings. You should not hesitate in attending the conciliation proceedings.For more details plz go through section 11 & 12 of the Industrial Disputes Act ,1947
With Regards,
R.N.Khola
From India, Delhi
Conciliation in the instant case would be based on the following issues:
1. Whether the employee was performing work similar to the regular employees of the company or not. That is whether the work is perennial in nature or not.
2. Whether there were direct supervisions by the Principal employer or not
3. Whether the contract between the Principal employer and the contractor is sham or not
If the contract is sham or if the DLO finds that the work being performed by the contract labour is perennial in nature/ regular in nature that is connected to the core activities of the company, then there is a chance that the DLO will abolish engagement of contract labour in such activities. But still, the employee can not demand for regularisation of his job. The employer can terminate the contract and start engaging direct workers for that job. While recruitment, the then contract labours shall be given preference. But that will not have any retrospective effect.
Therefore, it is meaningless to abstain from the meeting but do attend the meetings and defend that the work was purely on contract basis and there did not exist any employee employer relationship between the complainant employee and the Principal employer.
Regards,
Madhu.T.K
From India, Kannur
1. Whether the employee was performing work similar to the regular employees of the company or not. That is whether the work is perennial in nature or not.
2. Whether there were direct supervisions by the Principal employer or not
3. Whether the contract between the Principal employer and the contractor is sham or not
If the contract is sham or if the DLO finds that the work being performed by the contract labour is perennial in nature/ regular in nature that is connected to the core activities of the company, then there is a chance that the DLO will abolish engagement of contract labour in such activities. But still, the employee can not demand for regularisation of his job. The employer can terminate the contract and start engaging direct workers for that job. While recruitment, the then contract labours shall be given preference. But that will not have any retrospective effect.
Therefore, it is meaningless to abstain from the meeting but do attend the meetings and defend that the work was purely on contract basis and there did not exist any employee employer relationship between the complainant employee and the Principal employer.
Regards,
Madhu.T.K
From India, Kannur
Dear MS,
You will have to honour the law of the land to take its own course in deciding the case. Your absence during the conciliation proceedings can harm the interest of your organization only. You may present your own case supported by genuine documents. Let it become a failed case, as suggested by Shri R.N. Khola.
PS Dhingra
From India, Delhi
You will have to honour the law of the land to take its own course in deciding the case. Your absence during the conciliation proceedings can harm the interest of your organization only. You may present your own case supported by genuine documents. Let it become a failed case, as suggested by Shri R.N. Khola.
PS Dhingra
From India, Delhi
1) Attend the proceedings & insist for closure.
2) Write a letter to conciliation authority about the long delay & contract employees non-interest in issue
3) if no reply or any develop, obstain yourself from attending the proceedings.
From India, Tiruchchirappalli
2) Write a letter to conciliation authority about the long delay & contract employees non-interest in issue
3) if no reply or any develop, obstain yourself from attending the proceedings.
From India, Tiruchchirappalli
Dear
As per the Apex Court Decision the famous SAIL case the Conciliator has no power to decide the issue of a claim for permanency.It is only the Industrial Adjudicator who can decide the issue. In fact as per the amendment on failure of the Conciliator to make a reference the worker can make the reference to the Labour Court.
Pls keep attending the proceedings and patiently wait for his order either of reference or closure. Patience is the key word for a HR person.
rajanassociates
https://www.citehr.com/285737-legal-...-industry.html
From India, Bangalore
As per the Apex Court Decision the famous SAIL case the Conciliator has no power to decide the issue of a claim for permanency.It is only the Industrial Adjudicator who can decide the issue. In fact as per the amendment on failure of the Conciliator to make a reference the worker can make the reference to the Labour Court.
Pls keep attending the proceedings and patiently wait for his order either of reference or closure. Patience is the key word for a HR person.
rajanassociates
https://www.citehr.com/285737-legal-...-industry.html
From India, Bangalore
I presume the proceedings are under ID Act. The contract labour do not come within the definition of workmen under ID Act. Hence, where there is no master servant relationship, the PE is not liable to answer. Pl. raise this preliminary objection on the maintainability of the claim itself . However, you should be present and contest the matter.
From India, Bhopal
From India, Bhopal
The conciliation officer has to admit the documents filed by you if they are relevant to the issue under conciliation. please ask him to admit and sign the conciliation recordings. You can also submit to him that all the records and deposition made by you is sufficent to prove that he is not your employee and further ask him to write in the records that you have nothing more to submit and close the proceddings. he has to accept your pleading. Ultimatley he has to send the final report to Govt an hence ensure that whatever you want to say should be recorded properly in the concilation proceddings.
Finally, my request is to maintain cordial relations with the conciliation officer.
From India, Secunderabad
Finally, my request is to maintain cordial relations with the conciliation officer.
From India, Secunderabad
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