Dear All,
Pl tell me regarding appointment of contractual labour on permanent basis for production. Also, can one organisation can do so. If yes, what preacautions and documentation it has to maintain regarding with regards to compliane of various laws.
If not, why and wht would be the consequences ?
Also, i'd heard tht there is a judgement of supreme court in this regard. If u have the case details, Pl let me know.
Thnk You,
Regards,
Varun
From India, New Delhi
Pl tell me regarding appointment of contractual labour on permanent basis for production. Also, can one organisation can do so. If yes, what preacautions and documentation it has to maintain regarding with regards to compliane of various laws.
If not, why and wht would be the consequences ?
Also, i'd heard tht there is a judgement of supreme court in this regard. If u have the case details, Pl let me know.
Thnk You,
Regards,
Varun
From India, New Delhi
Dear Varun,
As per the latest decision by five judge member of SC in the SAIL case, the principal employer is under no obligation to absorb contract workers where the contract labour has been abolished. However, this is applicable only to seasonal jobs and jobs which are not core to the business. Hence, using contract labour for production jobs will not be legally valid and in case of executive intervention (State Labour dept) there is a chance of contract labour system being abolished and absorbed.
I'm also attaching the report of the Second Commission on Labour which has a dedicated chapter on contract labour (page 52).
As to the second part of your question, using contract labour for core jobs (jobs related to production or central to the business) is exploitation of labour and hence shall be abolished.
Hope your queries are answered.
From India, Pune
As per the latest decision by five judge member of SC in the SAIL case, the principal employer is under no obligation to absorb contract workers where the contract labour has been abolished. However, this is applicable only to seasonal jobs and jobs which are not core to the business. Hence, using contract labour for production jobs will not be legally valid and in case of executive intervention (State Labour dept) there is a chance of contract labour system being abolished and absorbed.
I'm also attaching the report of the Second Commission on Labour which has a dedicated chapter on contract labour (page 52).
As to the second part of your question, using contract labour for core jobs (jobs related to production or central to the business) is exploitation of labour and hence shall be abolished.
Hope your queries are answered.
From India, Pune
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Labour laws.ppt
A-Role of labour contractors in global production networks -A-1 Imp..pdf
All the labour laws.doc