1.That the Contractor workers are the employees of Principal Employer in respect to Trade Union or not?
2.That the Contractor workers can form a Trade Union under the Trade Union Act or not?
3.That if you have got any citations / rulings of Honorable Supreme Court / High Court, Pls. provide me on my email id mohan.k.chaubey@indiaglycols.com
From India, Delhi
2.That the Contractor workers can form a Trade Union under the Trade Union Act or not?
3.That if you have got any citations / rulings of Honorable Supreme Court / High Court, Pls. provide me on my email id mohan.k.chaubey@indiaglycols.com
From India, Delhi
if you employed contract workers as per CLRA, those employees cannot start a union in your unit. but in most of the cases, the employer engages a sham contractor whereby the workers will become employees of principle employer. hence you must be careful in selecting a genuine contractor who can control his employees and take action against employees who were active in starting the union . Lot of legal citations available in the net. it is only your interest to catch a whale in the sea of information.
From India, New Delhi
421From India, New Delhi
Contract Labour cannot be the workmen of the Principal Employer . Contract Labour can form a Trade Union for themselves. However, such a TV cannot raise any dispute solely against the PE.
From India, Salem
From India, Salem
the T.U. Act, 1926 do not bar or prevent contract labour to form or join union
In regards to the query of becoming the workmen or employee of the Principal Employer, provisions of Sec.10 of the CLRA Act, 1970 and simultaneous notification published by the appropriate government in this regard is the crucial element to decide on the issues as to whether in certain activities the contract labour can be engaged, whether it is the core activities of the establishment or the activity are of sufficient duration or the regular workmen or employees are also performing the same activities in which the contract labour is engaged etc etc are the factors to decide whether the engagement of contract labour is prohibited in that particular nature of activity. However, again it is a decision of the concerned Registering and Licensing Officer to examine the fact based on the available documents on record, whether the principal employer can be issued Registration Certificate and subsequently to issue License to the Contractor for deployment of Contract Labour. In absence of any properly drafted agreement between the principal employer and the contractor or the agreement which is sham, claim sometimes arises from the contract labour to treat him as the employee of the Principal Employer, where the "supervision and control" is another major ingredient to define and demarcate the relationship among the contractor labour, contractor and the principal employer
From India, Calcutta
In regards to the query of becoming the workmen or employee of the Principal Employer, provisions of Sec.10 of the CLRA Act, 1970 and simultaneous notification published by the appropriate government in this regard is the crucial element to decide on the issues as to whether in certain activities the contract labour can be engaged, whether it is the core activities of the establishment or the activity are of sufficient duration or the regular workmen or employees are also performing the same activities in which the contract labour is engaged etc etc are the factors to decide whether the engagement of contract labour is prohibited in that particular nature of activity. However, again it is a decision of the concerned Registering and Licensing Officer to examine the fact based on the available documents on record, whether the principal employer can be issued Registration Certificate and subsequently to issue License to the Contractor for deployment of Contract Labour. In absence of any properly drafted agreement between the principal employer and the contractor or the agreement which is sham, claim sometimes arises from the contract labour to treat him as the employee of the Principal Employer, where the "supervision and control" is another major ingredient to define and demarcate the relationship among the contractor labour, contractor and the principal employer
From India, Calcutta
there is no legal bar to implead the Principal Employer as one of the parties in the Industrial Dispute in the context of the fact that certain obligations are cast upon the Principal employers to ensure proper wages paid to the Contract Employees, amenities are made available Any shortfall in the wages are to be made good by the Principal Employer immediately and thereafter recover the same from the Vendor. Principal Employer cannot shirk his responsibility totally since he is ultimate beneficiary of the services of the contract labour. If the Agreement is proved to be sham and camouflage, then the contract employees shall be deemed to be employees of the Principal employer
From India, Madras
From India, Madras
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THE KERALA RECOGNITION OF TRADE UNION ACT, 2010.pdf
Trade union.ppt