As others have mentioned Contract labourers are employees of the contractor only. Loss of employment due to termination of the contract with the contractor, those employees will have to go against the contractor only.
However, if it is established the supervision and control of these contract workers are by the principal employer and the contract for providing the manpower is only on paper and the contractor just provides the people; it becomes a sham contract and these employees will be deemed to be employees of principal employer and all consequential legal provisions will apply.
B G Ramesh, Hosur.
From India, Vellore
10However, if it is established the supervision and control of these contract workers are by the principal employer and the contract for providing the manpower is only on paper and the contractor just provides the people; it becomes a sham contract and these employees will be deemed to be employees of principal employer and all consequential legal provisions will apply.
B G Ramesh, Hosur.
From India, Vellore
Yes it is true that in case of sham contract the situation will be different. But there seems to be a genuine contract in the areas like functioning of canteen. Madhu.T.K
From India, Kannur
From India, Kannur
Hi all.
I was appointed for the period of one year in a German company as a trainee engineer. Upto completion of one month I was not confirmed about my position. As there two posts for trainees 1)sales coordination 2)sales executive.
after one month I was tested by my manager about my work. But as I was unaware of my exact position, I failed to answer him properly. There after I started concentrating on my real position. As on completion of second month, I received a call that I have been removed as my performance was poor, I was shocked, because they haven't tested me again. and the main thing was no proper training was provided particularly. I want to know is this legal to remove someone.
From India, Pune
I was appointed for the period of one year in a German company as a trainee engineer. Upto completion of one month I was not confirmed about my position. As there two posts for trainees 1)sales coordination 2)sales executive.
after one month I was tested by my manager about my work. But as I was unaware of my exact position, I failed to answer him properly. There after I started concentrating on my real position. As on completion of second month, I received a call that I have been removed as my performance was poor, I was shocked, because they haven't tested me again. and the main thing was no proper training was provided particularly. I want to know is this legal to remove someone.
From India, Pune
Under the provisions of labour law, an employee can be removed for poor performance when such poor performance is proved through a domestic enquiry.
In your case, no such equiry was held and you were terminated directly which makes the entire process invalid. However, since you have completed 1-2 months in the service, there won't be much monetary benefit comparing to the time, legal expenses you have to pay if you decide to go legal.
From India, Kolkata
In your case, no such equiry was held and you were terminated directly which makes the entire process invalid. However, since you have completed 1-2 months in the service, there won't be much monetary benefit comparing to the time, legal expenses you have to pay if you decide to go legal.
From India, Kolkata
Normally there will be a probation period and that could be 6 months. If you were on probation, you can be removed without further detailed enquiry. If the appointment order says that, during probation period your services can be terminated "without assigning any reason", then there is no need to conduct any enquiry but a communication that following the terminal clause of your appointment order you are hereby terminated from service. Explanation is required only if you show the cause of termination. Now, if the appointment order says that during probation period, your services shall be terminated for poor performance, then also no need to conduct any enquiry but a communication that you are terminated for poor performance is okay.
Terminating a confirmed employee will take a different turn because it is after considering various factors including performance that he was confirmed in service and therefore, you cannot find him to be a non performer all of a sudden. performance is measured over a period of time and therefore, every analysis should be communicated to the employee so that he can do better. If this is denied, he is deemed to have denied natural justice. During probation, on the other hand, this is not required.
Madhu.T.K
From India, Kannur
Terminating a confirmed employee will take a different turn because it is after considering various factors including performance that he was confirmed in service and therefore, you cannot find him to be a non performer all of a sudden. performance is measured over a period of time and therefore, every analysis should be communicated to the employee so that he can do better. If this is denied, he is deemed to have denied natural justice. During probation, on the other hand, this is not required.
Madhu.T.K
From India, Kannur
It is mentioned in appointment letter before.So read properly your appointment letter to follo rules and understand terms and conditions of Company.
From India, Ludhiana
From India, Ludhiana
Dear rithesh can you explain what exactly I have to do if I decided to go legal.? Actually I have nothing in written that I have been terminated from the industry.
From India, Pune
From India, Pune
Dear Anil,
Your query regarding non performer. What type of work is he doing ? Is it manual, clerical, technical etc? What are your Service Manual conditions. If the Standing orders Act applies, then if he is in the category of workman doing aforesaid duties, you need to conduct a domestic enquiry first to prove his non performance. We had conducted one such enquiry where, besides non performance the employee of a software firm was very arrogant, so enquiry was conducted and then dismissal letter was given.
From India, Pune
Your query regarding non performer. What type of work is he doing ? Is it manual, clerical, technical etc? What are your Service Manual conditions. If the Standing orders Act applies, then if he is in the category of workman doing aforesaid duties, you need to conduct a domestic enquiry first to prove his non performance. We had conducted one such enquiry where, besides non performance the employee of a software firm was very arrogant, so enquiry was conducted and then dismissal letter was given.
From India, Pune
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