Yes,itis clear that C & L act 1970 said can use contract labour only for casual work which should diffrent nature than regular workman.But it is very difficult in practical way.
If any regular or casual completed 240 days in a year than it is necessary to employer give him / her notice peried or pay.
Court said it is not liablity of employer to confirmation casual services.
From India, Velluru
8If any regular or casual completed 240 days in a year than it is necessary to employer give him / her notice peried or pay.
Court said it is not liablity of employer to confirmation casual services.
From India, Velluru
Dear Bhargava
Regarding employment of contract labour in core activities, I concur with the views of saswatabanerjee. Technically the Act does not impose any prohibition on employing contract labour in core activities but the spirit of the collective provisions of teh Act indirectly warns the employer not to engage them in core activities. Any other view is welcome.
B.Saikumar
HR & Labour Law consultant
Mumbai
Tel: 09930532927
From India, Mumbai
Regarding employment of contract labour in core activities, I concur with the views of saswatabanerjee. Technically the Act does not impose any prohibition on employing contract labour in core activities but the spirit of the collective provisions of teh Act indirectly warns the employer not to engage them in core activities. Any other view is welcome.
B.Saikumar
HR & Labour Law consultant
Mumbai
Tel: 09930532927
From India, Mumbai
Dear Sir
If you have hired contract labour without following the provisions of Contract labour regulation and abolition act, such as registration of your establishment, licence by contractor, proper contract agreement, not following minimum wages act, other labour statutes, if the control and supervision of these workmen is being done by your supervisors and they are sanctioning their leaves or such other direct actions, then, if the matter is put to judicial scrutiny, these workmen may get permanency as your workmen in your organisation. Though there are many Supreme Court judgements, stating that flounting of provisions of Contract labour act amounts to penal action under that act only and no absorption is granted. But depending on the facts of the case the judgement will differ from case to case. But if you have followed provisions of contract labour (regulation and abolition) act, you have no cause for worry. Secondly if you are situated in maharashtra and a complaint has been filed by the union or workmen under MRTU & PULP act, the famous judgements of CIPLA and Kalyani will apply wherein the ratio is when the employer-employee relationship is disputed or disputable, a complaint under that act is not maintainable.
9011075672
From India, Pune
If you have hired contract labour without following the provisions of Contract labour regulation and abolition act, such as registration of your establishment, licence by contractor, proper contract agreement, not following minimum wages act, other labour statutes, if the control and supervision of these workmen is being done by your supervisors and they are sanctioning their leaves or such other direct actions, then, if the matter is put to judicial scrutiny, these workmen may get permanency as your workmen in your organisation. Though there are many Supreme Court judgements, stating that flounting of provisions of Contract labour act amounts to penal action under that act only and no absorption is granted. But depending on the facts of the case the judgement will differ from case to case. But if you have followed provisions of contract labour (regulation and abolition) act, you have no cause for worry. Secondly if you are situated in maharashtra and a complaint has been filed by the union or workmen under MRTU & PULP act, the famous judgements of CIPLA and Kalyani will apply wherein the ratio is when the employer-employee relationship is disputed or disputable, a complaint under that act is not maintainable.
9011075672
From India, Pune
Dear Bhargav Amit,
With reference to your query with regard to the contractual workmen, there is no automatic absorption of these employees if the contractor holds a valid licence and the employer is having certificate of registration under the Contract Labour (R&A) Act. There should be a valid agreement also between the parties and the contract should not be sham or a camouflage. The employees if on the rolls of the contractor and being given instructions by the Supervisor of the contractor and salary of those employees being done by the contractor, then these employees are not entitled to permanency even otherwise. If aforesaid conditions are not even met, then also asper the famous ruling in Denanth v/s National Fertilisers Hon. SC has held that there will not be automatic absorption into the permanent employment of the Principal employer of these workmen.
From India, Pune
With reference to your query with regard to the contractual workmen, there is no automatic absorption of these employees if the contractor holds a valid licence and the employer is having certificate of registration under the Contract Labour (R&A) Act. There should be a valid agreement also between the parties and the contract should not be sham or a camouflage. The employees if on the rolls of the contractor and being given instructions by the Supervisor of the contractor and salary of those employees being done by the contractor, then these employees are not entitled to permanency even otherwise. If aforesaid conditions are not even met, then also asper the famous ruling in Denanth v/s National Fertilisers Hon. SC has held that there will not be automatic absorption into the permanent employment of the Principal employer of these workmen.
From India, Pune
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Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf