Whether Occupational health center's Staff Nurse and Factory medical officer Post should be on contractual role or on permanent role as per Industrial law ?
Recently on 13th March 2024, Supreme court gives judgement in one case like " Workers Employed To Perform Perennial/Permanent Nature Of Work Can't Be Treated As Contractual Workers ". Supreme Court also observed that the workers employed to perform perennial/permanent nature of work couldn't be treated as contract workers under the Contract Labour (Regulation & Abolition) Act, 1970 to deny them the benefit of regularization of a job.
In case of Industry.
(Reference : https://www.livelaw.in/supreme-court/workers-employed-to-perform-perennialpermanent-nature-of-work-cant-be-treated-as-contractual-workers-supreme-court-allows-regularisation-252130 )
1Recently on 13th March 2024, Supreme court gives judgement in one case like " Workers Employed To Perform Perennial/Permanent Nature Of Work Can't Be Treated As Contractual Workers ". Supreme Court also observed that the workers employed to perform perennial/permanent nature of work couldn't be treated as contract workers under the Contract Labour (Regulation & Abolition) Act, 1970 to deny them the benefit of regularization of a job.
In case of Industry.
(Reference : https://www.livelaw.in/supreme-court/workers-employed-to-perform-perennialpermanent-nature-of-work-cant-be-treated-as-contractual-workers-supreme-court-allows-regularisation-252130 )
The Supreme Court judgement that you have referred is all about engaging the employees on work of regular nature through a contractor. In the case of staff nurse, it will apply if the nurse is under a third party pay rolls, getting salary from that third party agency, but working in the health centre. As such, a staff nurse whose work is perennial nature cannot be engaged through an agency, contractor. In the similar way, the Doctor or Medical Officer appointed through an agency will be defeated.
At the same time, if the staff nurse or the medical officer is appointed by the Health Centre or the Factory management itself on a fixed term contract is legally maintainable. In this case, the employee employer relationship is direct and the salary is paid directly by the health centre/ factory. The status is like any other regular employee of the health centre/ factory but with a difference that the employment is for a certain prefixed period on the expiry of which the employee employer relationship would come to an end automatically. In this arrangement the concerned employee should be given all statutory payments and contributions by the employer directly.
From India, Kannur
At the same time, if the staff nurse or the medical officer is appointed by the Health Centre or the Factory management itself on a fixed term contract is legally maintainable. In this case, the employee employer relationship is direct and the salary is paid directly by the health centre/ factory. The status is like any other regular employee of the health centre/ factory but with a difference that the employment is for a certain prefixed period on the expiry of which the employee employer relationship would come to an end automatically. In this arrangement the concerned employee should be given all statutory payments and contributions by the employer directly.
From India, Kannur
@Madhu T K
I can't understand clearly what you want to say .
My simple question is Can Company Hire FMO /Nursing staff on 3rd party contractual job legally ?
because OHC staff work are permanent in nature.
I can't understand clearly what you want to say .
My simple question is Can Company Hire FMO /Nursing staff on 3rd party contractual job legally ?
because OHC staff work are permanent in nature.
You had quoted a Supreme Court verdict, and that is why I said if the nurse is appointed through a contractor/ third party roll, the dictum of he case will apply to him. That is no nurse nor medical officer can be engaged through a contractor. I repeat the sentence I have used, ".......In the case of staff nurse, it will apply if the nurse is under a third party pay rolls, getting salary from that third party agency, but working in the health centre. As such, a staff nurse whose work is perennial nature cannot be engaged through an agency, contractor."
Why a confusion? I don't understand which part of the reply you did not understand. Very clear, since the work of a staff nurse is perennial in nature, no such engagement through a third party roll can be legal. The appropriate authority can take action and abolish the engagement.
From India, Kannur
Why a confusion? I don't understand which part of the reply you did not understand. Very clear, since the work of a staff nurse is perennial in nature, no such engagement through a third party roll can be legal. The appropriate authority can take action and abolish the engagement.
From India, Kannur
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