Some one please provide proof of discrimination of holiday rules for regular and contract workers in a factory. Is there any proof for not allowing contract workers access to all holidays on the calendar, as many as declared for regular employees? Contract workers are only allowed 8 holidays as notified by JCL, while regular employees have 13 holidays per year.
From India, Hyderabad
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From India, Hyderabad
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As per Rule 25 (v)(a) of the Contract Labour Rules regarding License Condition of the Contractor, in cases where the workmen 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 of the establishment on the same or similar kind of work.
So, in case the above provision applies and there is a difference in treatment between the contract labour and regular employees, it would be a violation of the License terms and is actionable.
From India, Mumbai
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1656So, in case the above provision applies and there is a difference in treatment between the contract labour and regular employees, it would be a violation of the License terms and is actionable.
From India, Mumbai
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As per Rule 25 (v)(a) of Contract Labour Rules regarding License Condition of the Contractor, in cases where the workmen 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 of the establishment on the same or similar kind of work. So, in case the above provision applies and there is a difference in treatment between the contract labor and regular employees, it would be a violation of the License terms and is actionable.
Based on the above condition, please suggest ("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").
In a factory, different departments and works will be there to support production or manufacturing, such as Engineering, Production, QA/QC, Housekeeping, Warehouse, Security, Sales. In this, any particular and total department can be hired and executed through a pool of contract employees, meaning they fall under non-similar work. So, can they be treated separately? Every person works directly or indirectly towards main production, but departments are different. For example, except Production, QC, QA, Sales, and Warehouse, support departments like Security, Engineering, Housekeeping, etc., are working under contract management. In this case, can the employer say regular workmen are not working similarly to contract workers? So the leaves and holidays will not be considered similar to regular workmen? Please suggest.
From India, Hyderabad
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Based on the above condition, please suggest ("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").
In a factory, different departments and works will be there to support production or manufacturing, such as Engineering, Production, QA/QC, Housekeeping, Warehouse, Security, Sales. In this, any particular and total department can be hired and executed through a pool of contract employees, meaning they fall under non-similar work. So, can they be treated separately? Every person works directly or indirectly towards main production, but departments are different. For example, except Production, QC, QA, Sales, and Warehouse, support departments like Security, Engineering, Housekeeping, etc., are working under contract management. In this case, can the employer say regular workmen are not working similarly to contract workers? So the leaves and holidays will not be considered similar to regular workmen? Please suggest.
From India, Hyderabad
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Security Amount Proof.docx
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