Dear all members,
One of person is working in a CPSU through manpower supply agency since last 10 yrs. as an Executive. There are 5 (Monday to Friday) working days for all employees including contract employees. The organisation was paid overtime to those contract employees who was called in off days (i.e. Saturday & Sunday).
Now their HR has regulate 6 working days (i.e. Monday to Saturday) only for all contract employees and not for regular employees of organisation.
My question is that; Is it right and according to labour law that while the organisation has 5 working days, how can 6 working days compulsory only for contract employees without paying overtime.
Kind regards,
From India, Delhi
One of person is working in a CPSU through manpower supply agency since last 10 yrs. as an Executive. There are 5 (Monday to Friday) working days for all employees including contract employees. The organisation was paid overtime to those contract employees who was called in off days (i.e. Saturday & Sunday).
Now their HR has regulate 6 working days (i.e. Monday to Saturday) only for all contract employees and not for regular employees of organisation.
My question is that; Is it right and according to labour law that while the organisation has 5 working days, how can 6 working days compulsory only for contract employees without paying overtime.
Kind regards,
From India, Delhi
Sir,
1. I think, by CPSU, you mean the public sector unit under central government. If it is so, the Contract Labour (Regulation and Abolition) Central Rules, 1971 are applicable in respect of employees engaged on contract basis through contractor.
2. The provisions of Rule 25(2)(v)(a)&(b) of said Rules are relevant in the circumstances as mentioned by you. The said rule lays down" In cases where the workman employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer or the establishment on the same or similar kind or work;
..................."
3. I hope, you will see the provisions of the rule as mentioned above and take action accordingly.
From India, Noida
9211. I think, by CPSU, you mean the public sector unit under central government. If it is so, the Contract Labour (Regulation and Abolition) Central Rules, 1971 are applicable in respect of employees engaged on contract basis through contractor.
2. The provisions of Rule 25(2)(v)(a)&(b) of said Rules are relevant in the circumstances as mentioned by you. The said rule lays down" In cases where the workman employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer or the establishment on the same or similar kind or work;
..................."
3. I hope, you will see the provisions of the rule as mentioned above and take action accordingly.
From India, Noida
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