we are facing a problem regarding termination of contract labours because all the contract labours are supplied by the local party. so when we are trying to terminate them, they started gherao in which local party people are also involved behind the gherao.. If i inform labour commissioner will it be effective? will they solve this issue avoiding the party pressure? or should I go for negotiation?
as per law we can terminate them but we need some realistic solutions beyond the law barrier. I hope everyone has understood what I am trying to say..
From India, Kolkata
4as per law we can terminate them but we need some realistic solutions beyond the law barrier. I hope everyone has understood what I am trying to say..
From India, Kolkata
I would suggest that you should inform the Labour department of the situation. Before that be sure that you have complied with what the law (Contract Labour Act) states, ie, you have taken the required registration or are not required to take it for the reason that you employ only less than 20 labours, you have engaged them in such works which are not perennial in nature, you have ensured that the contractor has been paying them at least the minimum wages and he has been remitting the PF, ESI etc in respect of these employees etc. Above all, you have to be sure that there is a "contractor" and the contract is not sham arrangement.
Now coming to reality, it is difficult to face such situation where the matter is taken over by the local (political) people. Therefore, it is always better to involve the department. The conciliation will be an amicable one; you will also have to compromise on certain things.
Madhu.T.K
From India, Kannur
Now coming to reality, it is difficult to face such situation where the matter is taken over by the local (political) people. Therefore, it is always better to involve the department. The conciliation will be an amicable one; you will also have to compromise on certain things.
Madhu.T.K
From India, Kannur
agree with Madhu Sir but in same line i would like to add some more thing. are you direct terminate contract labour or you told to your contractor. you have to speak to your contractor for recruitment or terminator of contractor labour. why you involve directly in this matter. any way if gherao and all such type of incident is happening then you have to take the support the police also and just tell to local people regarding contractor labour act Act. don't work under any pressure because if you come under pressure today then local people will always pressurized to you.
always clear it a factory so there is no any compromise in rules & regulation and if something will be held then it will by the company management not by the local leader.
don't afraid, call to police but keep one thing in mind is your company production it must never stop.
From India, Rudarpur
always clear it a factory so there is no any compromise in rules & regulation and if something will be held then it will by the company management not by the local leader.
don't afraid, call to police but keep one thing in mind is your company production it must never stop.
From India, Rudarpur
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Notification No G.S.R. 1128(E) Contract Labour (Regulation and Abolition) Central Amendment .pdf
LABOUR CONTRACT AGREEMENT.doc
Contract Labour Act.zip