Since we don't want to increase the Manpower of Packing Plant & to comply 100% legal compliance like compulsory W/off, OT, Leave etc.
We want to adjust one mechanical workmen to work both in Mechanical as well as in Packing Department. The issue is that the contractor of both the department is different & Contractor A (Mechanical) is paying on monthly basis & Contractor B (Packing) will paid on piece rate basis.
Under Section 60 in The Factories Act, 1948, there is restriction on double employment
60. Restriction on double employment.—No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed.
But Factory Act is more on working in 2 different factories & as far as I know, haven't read anywhere regarding 2 contractors in the same factory.
Suppose we allowed double employment then How we calculate his working days, can we deposit PF in two accounts, can we consider him 1 FTE or two, who will take Employee compensation policy. In case of mis happening, who will pay.
On the above issue, your guidance is required immediately.
From India, Mumbai
7We want to adjust one mechanical workmen to work both in Mechanical as well as in Packing Department. The issue is that the contractor of both the department is different & Contractor A (Mechanical) is paying on monthly basis & Contractor B (Packing) will paid on piece rate basis.
Under Section 60 in The Factories Act, 1948, there is restriction on double employment
60. Restriction on double employment.—No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed.
But Factory Act is more on working in 2 different factories & as far as I know, haven't read anywhere regarding 2 contractors in the same factory.
Suppose we allowed double employment then How we calculate his working days, can we deposit PF in two accounts, can we consider him 1 FTE or two, who will take Employee compensation policy. In case of mis happening, who will pay.
On the above issue, your guidance is required immediately.
From India, Mumbai
To me the opening para of your post seems to be self-contradictory and the last one seems to be suggestive of the possible practical and legal problems arising out of the proposed alternative. So, it is better to consider increasing the man-power of the Packing Plant.
From India, Salem
From India, Salem
Dear Slamba,
It is same as you are working in your organisation as HR and as Accountant. If you are HR you can not work as Accountant whether you have knowledge of book keeping.
It your situation, when a person who work with 2 different contractor he employed by both contractor in same organization which is prohibited by law.
I think, Mr. Umakanthan.M suggested wright solution,
From India, Pune
It is same as you are working in your organisation as HR and as Accountant. If you are HR you can not work as Accountant whether you have knowledge of book keeping.
It your situation, when a person who work with 2 different contractor he employed by both contractor in same organization which is prohibited by law.
I think, Mr. Umakanthan.M suggested wright solution,
From India, Pune
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Enforcement of negative covenants in employment terms.pdf