Dear sir/Madam,
Is their any specified leave rules for employees as per contract labour act. As i am working in construction organization and we have different working sites all over india. So is their any different procedures in each state.
Regards,
Mahesh
From India, Gurgaon
Is their any specified leave rules for employees as per contract labour act. As i am working in construction organization and we have different working sites all over india. So is their any different procedures in each state.
Regards,
Mahesh
From India, Gurgaon
Dear MAHESH,
The Contract Labour (Regulation and Abolition) Act,1970 is a special Labour Enactment applicable to all industries adopting the system of indirect labour called " contract labour". The objective of the Act is to regulate this practice at the first instance with appropriate restrictions and secondly to abolish it wherever possible. So in its application, it is not confined to a particular type of establishment or industry. As such it is both regulatory and prohibitive in so far as the employment of contract labour is concerned.The hidden purposes behind this practice are free hire and fire, cheap and outsourced labour in order to curtail direct employment relationship so as to avoid the statutory obligations associated with regular employment. The inclusion of separate and specific provisions relating to conditions of employment like working hours, leave provisions etc would be a contra-indication of the contract labour who work along with the regular labour of the establishment. That's why we don't find any such provisions among the existing 35 sections of the Act. The contract for service entered into between the Principal Employer and the Contractor is the thin veil shrouding the contract of service between the physical benefactor and the beneficiary viz the contract labour and the Principal Employer.Therefore, all service conditions including leave, as they are applicable to the regular employees of the establishment, are equally applicable to the contract labour engaged in the establishment.
From India, Salem
6018The Contract Labour (Regulation and Abolition) Act,1970 is a special Labour Enactment applicable to all industries adopting the system of indirect labour called " contract labour". The objective of the Act is to regulate this practice at the first instance with appropriate restrictions and secondly to abolish it wherever possible. So in its application, it is not confined to a particular type of establishment or industry. As such it is both regulatory and prohibitive in so far as the employment of contract labour is concerned.The hidden purposes behind this practice are free hire and fire, cheap and outsourced labour in order to curtail direct employment relationship so as to avoid the statutory obligations associated with regular employment. The inclusion of separate and specific provisions relating to conditions of employment like working hours, leave provisions etc would be a contra-indication of the contract labour who work along with the regular labour of the establishment. That's why we don't find any such provisions among the existing 35 sections of the Act. The contract for service entered into between the Principal Employer and the Contractor is the thin veil shrouding the contract of service between the physical benefactor and the beneficiary viz the contract labour and the Principal Employer.Therefore, all service conditions including leave, as they are applicable to the regular employees of the establishment, are equally applicable to the contract labour engaged in the establishment.
From India, Salem
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LEAVE RULES.doc