We are in a dilemma as if is there any chances of daily wages labours claiming for permanent employment? The company is a construction contractors who has engaged more than 1000 labours in various sites. Please guide the way out if there is any such possiblities.
From India, Kolkata
2From India, Kolkata
Dear Subir,
It is a very difficult question to answer with a simple "Yes" or "NO" for it involves various aspects of employment. Contract labour can not stake a claim for permanency only against the Principal Employer. They become contract labour only when they are engaged for the work of the other with whom the contractor has undertaken a contract for service. In so far as their employment under the contractor is concerned, it is a normal employment relationship of contract of service as long as it subsists.As such their claim for permanency under the contractor is an issue like a claim for any other conditions of employment. At the same time the maintainability of such a claim has to be decided on factors like the posts held by them, the pattern of their mobilisation and utilization i.e whether for a particular contract work in a specific locale lasting for a predetermined duration only or transferable everywhere. I am not sure whether the term " daily wager" used by you simply denotes the mode of payment based on which calculation is to be made or the casual nature of employment so as to set both the parties free from the obligation of continued employment.
From India, Salem
It is a very difficult question to answer with a simple "Yes" or "NO" for it involves various aspects of employment. Contract labour can not stake a claim for permanency only against the Principal Employer. They become contract labour only when they are engaged for the work of the other with whom the contractor has undertaken a contract for service. In so far as their employment under the contractor is concerned, it is a normal employment relationship of contract of service as long as it subsists.As such their claim for permanency under the contractor is an issue like a claim for any other conditions of employment. At the same time the maintainability of such a claim has to be decided on factors like the posts held by them, the pattern of their mobilisation and utilization i.e whether for a particular contract work in a specific locale lasting for a predetermined duration only or transferable everywhere. I am not sure whether the term " daily wager" used by you simply denotes the mode of payment based on which calculation is to be made or the casual nature of employment so as to set both the parties free from the obligation of continued employment.
From India, Salem
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Daily Wages Rs. 137 from Rs. 100_14-06-2016_ ESI (Central) Amendment Rules 2016.pdf
Minimum Wages in Maharashtra for the period January 2018 to June 2018.xls