We are facing a problem regarding the termination of contract labor because all the contract laborers are supplied by the local party. So, when we are trying to terminate them, they started a gherao in which local party people are also involved behind the gherao. If I inform the labor commissioner, will it be effective? Will they solve this issue, avoiding the party pressure? Or should I go for negotiation? As per the law, we can terminate them, but we need some realistic solutions beyond the legal barrier. I hope everyone has understood what I am trying to say.
From India, Kolkata
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4From India, Kolkata
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I would suggest that you inform the Labour department of the situation. Before that, be sure that you have complied with what the law (Contract Labour Act) states, i.e., you have taken the required registration or are not required to take it for the reason that you employ only fewer than 20 laborers. You have engaged them in works that are not perennial in nature, you have ensured that the contractor has been paying them at least the minimum wages, and he has been remitting the PF, ESI, etc., in respect of these employees, etc. Above all, you have to be sure that there is a "contractor" and the contract is not a sham arrangement.
Now coming to reality, it is difficult to face such a situation where the matter is taken over by the local (political) people. Therefore, it is always better to involve the department. The conciliation will be an amicable one; you will also have to compromise on certain things.
Madhu.T.K
From India, Kannur
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Now coming to reality, it is difficult to face such a situation where the matter is taken over by the local (political) people. Therefore, it is always better to involve the department. The conciliation will be an amicable one; you will also have to compromise on certain things.
Madhu.T.K
From India, Kannur
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Notification No G.S.R. 1128(E) Contract Labour (Regulation and Abolition) Central Amendment .pdf
LABOUR CONTRACT AGREEMENT.doc
Contract Labour Act.zip