Dear Members,
As you know, the contract labor phenomenon has emerged in the 21st Century worldwide as a means to cut costs at the expense of the manpower involved. In India, the plight of millions of these workers working in the organized sector in work/job/manpower contracts is overlooked by the management, government, and even the media in the name of competitiveness and equality of opportunity. More so, due to the technicalities involved and lack of knowledge on various policies and laws on labor, court orders, nobody wants to touch upon the ticklish issue.
Labor is a necessity for running all organizations, and contract labor has become a headache for the management, exploitation for the workers, and anguish for the contractor who is juxtaposed between the two.
I am an alumnus of MDI, Gurgaon, and currently an in-service PhD student at the Centre for the Study of Law & Governance, Jawaharlal Nehru University, New Delhi. I have been working with the government for about 14 years and have now joined the Centre to undertake research on "Contract Labor issues."
I am myself in search of contract labor models that are running successfully in an organization which you feel is a win-win scenario for all three stakeholders - the principal employer, the contractor, and the workers - which can be studied and duplicated.
Please guide and suggest.
My PhD research proposal is attached if somebody feels inclined to look at my research interest. Emails are also welcome at my ID.
Pankaj Kumar,
In-service PhD student,
Centre for the Study of Law & Governance,
Jawaharlal Nehru University, New Delhi
Mobile: 09013002296, 09557229653
Email: pankajvidyan@gmail.com
From India, Moradabad
Acknowledge(0)
Amend(0)
16As you know, the contract labor phenomenon has emerged in the 21st Century worldwide as a means to cut costs at the expense of the manpower involved. In India, the plight of millions of these workers working in the organized sector in work/job/manpower contracts is overlooked by the management, government, and even the media in the name of competitiveness and equality of opportunity. More so, due to the technicalities involved and lack of knowledge on various policies and laws on labor, court orders, nobody wants to touch upon the ticklish issue.
Labor is a necessity for running all organizations, and contract labor has become a headache for the management, exploitation for the workers, and anguish for the contractor who is juxtaposed between the two.
I am an alumnus of MDI, Gurgaon, and currently an in-service PhD student at the Centre for the Study of Law & Governance, Jawaharlal Nehru University, New Delhi. I have been working with the government for about 14 years and have now joined the Centre to undertake research on "Contract Labor issues."
I am myself in search of contract labor models that are running successfully in an organization which you feel is a win-win scenario for all three stakeholders - the principal employer, the contractor, and the workers - which can be studied and duplicated.
Please guide and suggest.
My PhD research proposal is attached if somebody feels inclined to look at my research interest. Emails are also welcome at my ID.
Pankaj Kumar,
In-service PhD student,
Centre for the Study of Law & Governance,
Jawaharlal Nehru University, New Delhi
Mobile: 09013002296, 09557229653
Email: pankajvidyan@gmail.com
From India, Moradabad
Acknowledge(0)Amend(0)
Sorry, I could not go through your document.
But, "Contract Labour has become a headache for the management, exploitation for the workers, and anguish for the contractor who is juxtaposed between the two." So, what do you mean by this statement? What kind of management is that which considers it a headache? How does it result in the exploitation of workers and anguish for anybody, for that matter?
I think this is more of a classroom discussion. If you do some fieldwork on the issues I have raised, you may consider that you have got 50% of what you need.
However, I may only tell you that you must strictly draw a line between opinions and reality when you deal with the issues raised above. Differentiate between facts, illustrations, and real situations. To do this, you need to look at the decrees or judgments of the courts pertaining to the same.
Thirdly, you should bifurcate the words into two parts: one as the contract, the legal contract itself, and the second being labor with the consideration of a contract. This will help you find out the legal obligations and failures in completing the contract, which in turn will help you understand the main reasons for the failure to complete a contract, hence assisting you in comparing it with the labor situations and organizational environment, including policies, etc., all contributing to its failure.
Lastly, you should also consider the employee as a person and personnel, and a company's level in its finance, reputation, field, etc.
Prepare the questionnaire with possibilities to research upon as a rough draft to get clear, specific ideas.
Resolving issues takes quite a long time. Once you gather the information, you may come back for discussions with all enthusiasm.
I wish you the very best of luck.
From India, Bangalore
Acknowledge(1)
Amend(0)
But, "Contract Labour has become a headache for the management, exploitation for the workers, and anguish for the contractor who is juxtaposed between the two." So, what do you mean by this statement? What kind of management is that which considers it a headache? How does it result in the exploitation of workers and anguish for anybody, for that matter?
I think this is more of a classroom discussion. If you do some fieldwork on the issues I have raised, you may consider that you have got 50% of what you need.
However, I may only tell you that you must strictly draw a line between opinions and reality when you deal with the issues raised above. Differentiate between facts, illustrations, and real situations. To do this, you need to look at the decrees or judgments of the courts pertaining to the same.
Thirdly, you should bifurcate the words into two parts: one as the contract, the legal contract itself, and the second being labor with the consideration of a contract. This will help you find out the legal obligations and failures in completing the contract, which in turn will help you understand the main reasons for the failure to complete a contract, hence assisting you in comparing it with the labor situations and organizational environment, including policies, etc., all contributing to its failure.
Lastly, you should also consider the employee as a person and personnel, and a company's level in its finance, reputation, field, etc.
Prepare the questionnaire with possibilities to research upon as a rough draft to get clear, specific ideas.
Resolving issues takes quite a long time. Once you gather the information, you may come back for discussions with all enthusiasm.
I wish you the very best of luck.
From India, Bangalore
Acknowledge(1)Amend(0)
Dear BSSV,
Thanks for your response, especially your suggestion for fieldwork for real exposure. In fact, I need to get into the field, especially in the private sector where I have little experience. Can you suggest an organization you feel would be ideal for my study, where you think the Contract Labour functioning has been good?
As for the issues and problems in Contract labour functioning, I have been reading on this issue for a long time and have found numerous literature worldwide on the exploitation of Contract workers. I am attaching a few of them for your information. I have also been discussing this issue and had the opportunity to research in Kolkata, Delhi, and Rudrapur (Uttarakhand). Besides my own experience in dealing with Contract labour management as a Government servant during my postings in 5 different states of India has given me some insight into Contract labour functioning.
In fact, what I feel is that the system of contract labour fails to create a sense of belongingness among the workers for the organization they are working for, as they are considered the workers of the contractor rather than those of the principal employer. The system is thus oriented towards production (cutting costs, improving efficiency) rather than being pro-workers.
Still, there may be organizations where the Contract labour system may be working well. I am seeking guidance from members on the same. Please guide and educate me on best practices/good models in this area.
I myself am planning to visit NHPC, Unchahar, UP, to study contract labour working there as suggested by the Central Regional Labour Commissioner, Lucknow, as a good model.
Thanks,
Pankaj Kumar
N.B.: For my study, contract laborers/workers are unskilled/semi-skilled workers who can easily be replaced/exchanged
From India, Moradabad
Acknowledge(1)
Amend(0)
0
0
Thanks for your response, especially your suggestion for fieldwork for real exposure. In fact, I need to get into the field, especially in the private sector where I have little experience. Can you suggest an organization you feel would be ideal for my study, where you think the Contract Labour functioning has been good?
As for the issues and problems in Contract labour functioning, I have been reading on this issue for a long time and have found numerous literature worldwide on the exploitation of Contract workers. I am attaching a few of them for your information. I have also been discussing this issue and had the opportunity to research in Kolkata, Delhi, and Rudrapur (Uttarakhand). Besides my own experience in dealing with Contract labour management as a Government servant during my postings in 5 different states of India has given me some insight into Contract labour functioning.
In fact, what I feel is that the system of contract labour fails to create a sense of belongingness among the workers for the organization they are working for, as they are considered the workers of the contractor rather than those of the principal employer. The system is thus oriented towards production (cutting costs, improving efficiency) rather than being pro-workers.
Still, there may be organizations where the Contract labour system may be working well. I am seeking guidance from members on the same. Please guide and educate me on best practices/good models in this area.
I myself am planning to visit NHPC, Unchahar, UP, to study contract labour working there as suggested by the Central Regional Labour Commissioner, Lucknow, as a good model.
Thanks,
Pankaj Kumar
N.B.: For my study, contract laborers/workers are unskilled/semi-skilled workers who can easily be replaced/exchanged
From India, Moradabad
Acknowledge(1)Amend(0)CiteHR.AI
(Fact Checked)-The user's reply contains accurate information and demonstrates a good understanding of the challenges and dynamics related to contract labor. The user's intention to study successful contract labor models is commendable. (1 Acknowledge point)
0
0
Contract labor fails to create a feeling of belongingness among the workers for the organization, especially in the industrial sector, particularly in factories. It would be prejudicial for the study to choose a specific sector without first bifurcating the sector, gathering enough details, and then selecting a specific one to delve into further if interested.
The manufacturing sector offers more compared to other sectors. Simply schedule appointments with companies for interviews and seek permission to conduct fieldwork, focusing on companies with a higher number of employees. This process may take 2 or 3 months, during which time you can begin writing the body of your project. You will need a formal letter from the university to contact the organizations.
Reach out to the companies by phone to make appointments and request permission. The choice of companies will be entirely up to you, and there are companies near Delhi.
Regarding the attached documents, there have already been many judicial precedents that have covered the issues extensively.
If anyone on Cite has experience conducting research on this specific matter, I would appreciate hearing about it. I suggest visiting Lawyersclubindia - Law, Lawyers, Advocates, Law Firms, Legal Help, Legal Experts, Judgments, Social Network for Lawyers, Legal Community, Law Help, Indian Lawyers, a platform for legal discussions. Wishing you all the best.
Have a nice time.
From India, Bangalore
Acknowledge(0)Amend(0)
0
0
The manufacturing sector offers more compared to other sectors. Simply schedule appointments with companies for interviews and seek permission to conduct fieldwork, focusing on companies with a higher number of employees. This process may take 2 or 3 months, during which time you can begin writing the body of your project. You will need a formal letter from the university to contact the organizations.
Reach out to the companies by phone to make appointments and request permission. The choice of companies will be entirely up to you, and there are companies near Delhi.
Regarding the attached documents, there have already been many judicial precedents that have covered the issues extensively.
If anyone on Cite has experience conducting research on this specific matter, I would appreciate hearing about it. I suggest visiting Lawyersclubindia - Law, Lawyers, Advocates, Law Firms, Legal Help, Legal Experts, Judgments, Social Network for Lawyers, Legal Community, Law Help, Indian Lawyers, a platform for legal discussions. Wishing you all the best.
Have a nice time.
From India, Bangalore
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Check Failed/Partial)-[The user's reply lacks accurate information regarding conducting research on contract labour issues. It is important to follow proper guidelines and legal considerations. Here is a suggested amendment: Ensure to research and comply with relevant labour laws and guidelines when conducting research on contract labour issues. Seek proper permissions and authorization before approaching companies for interviews or fieldwork. Review the specifics of the sector and choose companies accordingly. It is essential to adhere to ethical and legal standards throughout the research process. ]
0
0
Dear BSSV,
Thanks again for your response. I would definitely keep a watch on the manufacturing section. I have become a member of Lawyersclubindia - Law, Lawyers, Advocates, Law Firms, Legal Help, Legal Experts, Judgements, Social Network for Lawyers, Legal Community, Law Help, Indian Lawyers as you suggested; it is a good depository of legal documents.
Meanwhile, can anybody guide me to an organization that one feels is ideal or exemplary for contract labor functioning? Also, please suggest how I can approach the organization for my study purpose. My study may lead to paper publication, highlighting the good work done by the organization.
Pankaj Kumar
From India, Moradabad
Acknowledge(0)Amend(0)
0
0
Thanks again for your response. I would definitely keep a watch on the manufacturing section. I have become a member of Lawyersclubindia - Law, Lawyers, Advocates, Law Firms, Legal Help, Legal Experts, Judgements, Social Network for Lawyers, Legal Community, Law Help, Indian Lawyers as you suggested; it is a good depository of legal documents.
Meanwhile, can anybody guide me to an organization that one feels is ideal or exemplary for contract labor functioning? Also, please suggest how I can approach the organization for my study purpose. My study may lead to paper publication, highlighting the good work done by the organization.
Pankaj Kumar
From India, Moradabad
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-The user's reply does not contain any inaccuracies. (1 Acknowledge point)
0
0
Dear Pankaj,
My suggestion is to better select a large CPSU. The aim of the Contract Labour Act is to "regulate and abolish." Therefore, the concern of a student of this subject must be with regard to the system of regulation being practiced and the system of abolition the principal employer is adopting, vis-a-vis the Government notifications concerning that company.
R. Krishna Murthy
From India, Nizamabad
Acknowledge(0)Amend(0)
0
0
My suggestion is to better select a large CPSU. The aim of the Contract Labour Act is to "regulate and abolish." Therefore, the concern of a student of this subject must be with regard to the system of regulation being practiced and the system of abolition the principal employer is adopting, vis-a-vis the Government notifications concerning that company.
R. Krishna Murthy
From India, Nizamabad
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Check Failed/Partial)-The user's reply contains inaccuracies regarding the Contract Labour Act. The Act aims to regulate and not abolish contract labor. The concern should be on proper regulation, not abolition.
0
0
Dear pankaj My suggestion is to visit infrastructure companies for a better understanding on the issues related to CL. Rgds Pranavtata
From India, Hyderabad
Acknowledge(1)Amend(0)
0
0
From India, Hyderabad
Acknowledge(1)Amend(0)CiteHR.AI
(Fact Check Failed/Partial)-The user's reply does not address the comprehensive request for successful Contract Labour models. It would be beneficial to provide more detailed guidance.
0
0
Dear All,
Please confirm if there are any limitations on the percentage of contract workers compared to company employees in an organization. We understand that on any given day, the number of contract workers cannot exceed the limit specified in the license, which is 50% of the total factory licensed workforce. However, can the number of contract workers exceed the number of regular employees working in an organization on any given day?
Thank you,
Ambuj
From India, Vapi
Acknowledge(0)Amend(0)
0
0
Please confirm if there are any limitations on the percentage of contract workers compared to company employees in an organization. We understand that on any given day, the number of contract workers cannot exceed the limit specified in the license, which is 50% of the total factory licensed workforce. However, can the number of contract workers exceed the number of regular employees working in an organization on any given day?
Thank you,
Ambuj
From India, Vapi
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Check Failed/Partial)-The number of contract workers in an organization can exceed the number of regular employees. There is no specific limitation in labor laws.
0
0
Dear Ambuj,
As far as I know, there is no limit whatsoever in India. For example, the Delhi Metro has a majority of workers on contract. I know many companies have a predominant workforce on contract. In the license, the contractor simply has to state the number of contract workers they wish to engage (based on form-V given by the principal employers).
Yes, in China, as per recent instructions, a limit has been set on the percentage of contract workers to be engaged.
Best,
Pankaj
From India, Moradabad
Acknowledge(0)Amend(0)
0
0
As far as I know, there is no limit whatsoever in India. For example, the Delhi Metro has a majority of workers on contract. I know many companies have a predominant workforce on contract. In the license, the contractor simply has to state the number of contract workers they wish to engage (based on form-V given by the principal employers).
Yes, in China, as per recent instructions, a limit has been set on the percentage of contract workers to be engaged.
Best,
Pankaj
From India, Moradabad
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Check Failed/Partial)-The reply provided is not entirely accurate. In India, there are specific laws and regulations governing contract labor, such as the Contract Labour (Regulation and Abolition) Act, 1970, which imposes restrictions on the use of contract labor. It is essential to comply with these regulations to ensure fair treatment of contract workers.
0
0
Good Evergreen Resources which i can refer at all times. I thank all for their valuable Contributions.
From India, Mumbai
Acknowledge(0)Amend(0)
0
0
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Check Failed/Partial)-The user reply does not address the content of the original post. It lacks relevance to the discussion on contract labour issues in organizations.
0
0
Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Notification No G.S.R. 1128(E) Contract Labour (Regulation and Abolition) Central Amendment .pdf
LABOUR CONTRACT AGREEMENT.doc
Contract Labour Act.zip
CiteHR.AI
(Fact Check Failed/Partial)-The user's reply contains general advice but lacks specific factual accuracy or references to laws, court rulings, or management practices.