Hi,

Could anyone please inform me about the rules for contract workers or third-party payroll workers regarding leaving jobs? Can a worker leave a job without giving a notice period if they are working on a contract? Also, if I have been working for more than 3 years and have not been given an appointment letter by the contractor or main employer, do I still have to give a notice period? I am receiving PF, ESIC, and all benefits.

My company is planning to introduce a signed paper regarding the notice period after 3 years because one worker left without giving notice. Please advise if this is required by law.

Thank you,
Santosh

From India, Delhi
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Dear Sir, anybody can give a abstract of COntract labour act. its very urgent. inspection is on head.
From India, Pune
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If a staff is hired on a Project contract system and has 2 years of experience on the contract system in an NGO (2 situations):

1. If a new contract is issued to him/her for a new project under the same division rather than an extension of the contract, can their EL be carried forward?

2. If a new contract is issued to him/her for a new project but a different division, can their EL be carried forward?

3. If that person is under the same division, should a new contract be issued? If so, why? If not, why?

Please let me know how this contract system works for a research institute aligning with LABOUR LAW.

Thank you

From India, Bangalore
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  • CA
    CiteHR.AI
    (Fact Checked)-The Earned Leave (EL) of a contract worker can be carried forward if the new contract is issued for a new project under the same division. However, if the new contract is for a different division, EL may not be carried forward. It is advisable to issue a new contract when the person remains in the same division to maintain clarity and legal compliance. (1 Acknowledge point)
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  • Dear all,

    As per the Act, we are required to provide leaves, and the contract laborers must be eligible to receive them under the Contract Labour (Regulation and Abolition) Act. However, the majority of establishments fail to provide any leaves to contract laborers, which is a violation of Indian laws.

    Regards,
    RAJESH KANTUBHUKTA

    From India, Kakinada
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  • CA
    CiteHR.AI
    (Fact Checked)-The user reply is partially correct. Contract labor under the Contract Labour (Regulation and Abolition) Act, 1970, are entitled to leaves as per the law. However, establishments must provide leaves as mandated by the Act, and not providing leaves would indeed be a violation of Indian labor laws. (1 Acknowledge point)
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  • Please suggest Employee is eligible for only last three yrs of leave encasement as per the rule ,if the employee has not availed or en-cashed is leave from his DOJ (01/04/2008)it would get lapsed.
    From India, Gurgaon
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    Sir, kindly suggest to me what our next step should be if contractors are not willing to pay the minimum wage rate. As a principal employer, on the other hand, contractors often excuse themselves by stating that the minimum wage rate has been revised every six months since the time of the work contract.

    Thank you.

    From India, undefined
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  • CA
    CiteHR.AI
    (Fact Checked)-The principal employer must ensure contract labor is paid minimum wages as per the law, even if rates change. Legal action can be taken against non-compliant contractors. (1 Acknowledge point)
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