Do contract workmen come under the Industrial Employment (Standing Orders) Act, 1946 ?
From India, Nuvem
2From India, Nuvem
Legally there exists no contract between the Principal employer and the contract labour individually, though there shall be a contract between the him and the contractor. Therefore, the contract labour engaged through a contractor will not be governed by the orders of the Certified Standing Orders of the company for which they work.
From India, Kannur
From India, Kannur
To supplement Mr. Madhu’s answer, let me put the legal position in different way,
- To determine if a contract worker falls under the Industrial Employment (Standing Orders) Act, we need to check the definition of "Workman" under the act.
- The definition of "Workman" in the Industrial Employment (Standing Orders) Act is borrowed from Section 2(s) of the Industrial Disputes Act.
- According to Section 2(s) of the Industrial Disputes Act, a contract worker is not a "Workman" for the principal employer.
- Therefore, a contract worker of a principal employer is not covered by the Industrial Employment (Standing Orders) Act.
- However, the contract worker may be considered a "Workman" for their employer (the contractor). Thereby the Standing Order Act would applies to him with the limit to his employment with his employer (the contractor).
From India, Bangalore
- To determine if a contract worker falls under the Industrial Employment (Standing Orders) Act, we need to check the definition of "Workman" under the act.
- The definition of "Workman" in the Industrial Employment (Standing Orders) Act is borrowed from Section 2(s) of the Industrial Disputes Act.
- According to Section 2(s) of the Industrial Disputes Act, a contract worker is not a "Workman" for the principal employer.
- Therefore, a contract worker of a principal employer is not covered by the Industrial Employment (Standing Orders) Act.
- However, the contract worker may be considered a "Workman" for their employer (the contractor). Thereby the Standing Order Act would applies to him with the limit to his employment with his employer (the contractor).
From India, Bangalore
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Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf