Dear all,
Good afternoon, Presently I am working in a Livelihood project of UP as State Project Manager-HR. This project is running by an autonomous society constituted under the aegis of Rural Development Department of UP. Presently we are working in all 75 districts of UP with a workforce of more than 500 employees including government employees, contractual employees and employees through service provider. I need you valuable opinion on following subjects:
1. Our project recruited 75 employees and put them on the rolls of society on contract basis. After 30th June, 2015, Government of UP issued a notification that all the employees working on society pay roll, their services will be continued through service provider from 1st July, 2015. In this regard I want to know it is legal to change the employer.
2. We selected an agency to recruit competent employees for our project. Recruitment agency recruited candidate for project, now we are hiring an agency to deploy them on their rolls. I want to know only managing payrolls and other benefits will establish employee and employer relations with that agency or they will be the employees of project.
Seeking reply from all forum members.
Regards
Sandeep
From India, Hyderabad
Good afternoon, Presently I am working in a Livelihood project of UP as State Project Manager-HR. This project is running by an autonomous society constituted under the aegis of Rural Development Department of UP. Presently we are working in all 75 districts of UP with a workforce of more than 500 employees including government employees, contractual employees and employees through service provider. I need you valuable opinion on following subjects:
1. Our project recruited 75 employees and put them on the rolls of society on contract basis. After 30th June, 2015, Government of UP issued a notification that all the employees working on society pay roll, their services will be continued through service provider from 1st July, 2015. In this regard I want to know it is legal to change the employer.
2. We selected an agency to recruit competent employees for our project. Recruitment agency recruited candidate for project, now we are hiring an agency to deploy them on their rolls. I want to know only managing payrolls and other benefits will establish employee and employer relations with that agency or they will be the employees of project.
Seeking reply from all forum members.
Regards
Sandeep
From India, Hyderabad
Your issue is not clear for me. Is it that you had employed some 75 persons and these employees have now become the employees of some other agency, ie, contractor. If this is the case, the issue is very simple, the government who should restrict contract labour, is encouraging contract labour by means of a SHAM CONTRACT. I would say it is a sham contract because, there is just a change in the employer and this employer, the contractor, who is brought in between these 75 employees and the principal employer (for whom these employees work or who has been paying the salary directly till 30th June) is just a wind screen or a camouflage. This is an arrangement used to make the employees away from benefits which would otherwise be available to them had they been on the direct rolls of the society. Since they have earlier been on the rolls of the society and their salaries were paid directly by the society and also they were recruited by the society for doing project related activities and not non operational or non perennial activities, the arrangement is sham. It is illegal also. But when it is done by the Government, I do not have more comments on it because, they can ignore the law because they enforce it but when it is done by a poor business house ( I repeat poor business house because there are plenty of Contract Labour Act violations from big business houses which are not booked even though the inspectors under the Contract Labour (Regulation and Abolition) Act have powers to do so) the same government will come with law and relevant provisions of CLRA Act.
Madhu.T.K
From India, Kannur
4242Madhu.T.K
From India, Kannur
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