i am from pakistan, lahore city. 
Prakhar _ SS, It is clearly mentioned that Contractor employee is not part of the organization how you can issue appointment letter. its clases of the contract and contractor will responsible. your answer is not up to the mark.
From Pakistan, Lahore
Prakhar _ SS, It is clearly mentioned that Contractor employee is not part of the organization how you can issue appointment letter. its clases of the contract and contractor will responsible. your answer is not up to the mark.
From Pakistan, Lahore
Contractor will responsible and it does not matter about the absentee of the contractor workers, its responsibilities of contractor.
more at https://www.citehr.com/252508-contra...#ixzz0ncgoM5yY
you are right answer
more at https://www.citehr.com/252508-contra...#ixzz0ncgoM5yY
you are right answer
From Pakistan, Lahore
Suresh, I have only put a different angle of contract employee that some times employees appointed on for a fixed term, say for example one year from 1st Jan 2010, will be referred to as contract employee. In such cases, the employee is in fact directly appointed by the employer but the termination will take place automatically on the expiry of the fixed period for which he is appointed. In that case also, if the employer wants to terminate service before the time fixed, say today, he has to give notice. At the same time, the termination takes place automatically on 31st December 2010.
Supriya, Sham contract means a contract to engage employees through another person, called contractor, made just to avoid legal rights of permanent employees. There are cases wherein employees will be engaged through some outside agency and these employees work on regular basis, but being not on rolls they will be deprived of all statutory rights being enjoyed by the permanent workers. If the intention of such a contract is proved that it will be treated as sham or fraud contract.
The Contract Labour (Regulation and Abolition) Act is enforced to regulate such kind of contract and abolish engagement of workers on jobs of regular or perennial nature. Therefore, an employer is not suppose to engage employees through contractor on core activities of the establishment.
Inorder to close down a unit, you have to follow the provisions of the Industrial Disputes Act. For details please post it as a separate thread.
Regards,
Madhu.T.K
From India, Kannur
4249Supriya, Sham contract means a contract to engage employees through another person, called contractor, made just to avoid legal rights of permanent employees. There are cases wherein employees will be engaged through some outside agency and these employees work on regular basis, but being not on rolls they will be deprived of all statutory rights being enjoyed by the permanent workers. If the intention of such a contract is proved that it will be treated as sham or fraud contract.
The Contract Labour (Regulation and Abolition) Act is enforced to regulate such kind of contract and abolish engagement of workers on jobs of regular or perennial nature. Therefore, an employer is not suppose to engage employees through contractor on core activities of the establishment.
Inorder to close down a unit, you have to follow the provisions of the Industrial Disputes Act. For details please post it as a separate thread.
Regards,
Madhu.T.K
From India, Kannur
A very useful discussion with excellent inputs !!
I would like the budding HR's to take special note of the following excerpts from Mr. Madhu's post :
I personally know of many cases wherein the contract workers had to be regularized and made permanent employees of the organization (under the provisions of CL(A&R) Act, 1970) even with retrospective effects; on account of the fact that some over-enthusiastic HR Officer had issued them Show cause notices, Warnings etc. thus making the Labour Court take cognizance of this direct lien of the organization with the Contract Workers.
Warm regards.
From India, Delhi
I would like the budding HR's to take special note of the following excerpts from Mr. Madhu's post :
I personally know of many cases wherein the contract workers had to be regularized and made permanent employees of the organization (under the provisions of CL(A&R) Act, 1970) even with retrospective effects; on account of the fact that some over-enthusiastic HR Officer had issued them Show cause notices, Warnings etc. thus making the Labour Court take cognizance of this direct lien of the organization with the Contract Workers.
Warm regards.
From India, Delhi
I am also agree with Mr. Madhu view , if you take any steps against employee, who's originally indirect employee of the organistion, in my personal view first b safe our employer who's our first priority, if you take any steps against employee, it will be responsbility principal employer. In that matter this responsibility of contractor
Dear Imran, I am talking about the employees who are in contractual employment with company. Not about the third party processing technique. Regards, Prakhar
From India, Hyderabad
From India, Hyderabad
Dear friends,
Please go through the service rules/ conditions mentioned in the Contract labour act.
The contractor can give 3 days notice to the contract worker and terminate the services as per 14(1) for any misconduct and 14 (5) for absenteeism for 5 days and more absenteeism.
we did with the contractor in our unit. Kindly refer the service conditions of the act.
Sudheer Reddy
9490758052
From Ireland
Please go through the service rules/ conditions mentioned in the Contract labour act.
The contractor can give 3 days notice to the contract worker and terminate the services as per 14(1) for any misconduct and 14 (5) for absenteeism for 5 days and more absenteeism.
we did with the contractor in our unit. Kindly refer the service conditions of the act.
Sudheer Reddy
9490758052
From Ireland
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