smitamukesh3
Hi
can somebody advice me. How can the employer can regularize the contract workers who were working in a organization past 2-3 years under different contractor into their payroll? can the employer give them Trainee/ probabtion period appointment letter if they have decided to make them permanent or should we give them break.
smita

From India, Pune
bipinsupekar
Hi.. If the employer thinks fit he can issue appointment letter as trainee depending upon past record of the contract worker. Regrds Bipin Supekar
From India, Nasik
smitamukesh3
Hi Bipin But somebody told me that workers have to show minimum of 6 month break.otherwise vendor will interfer in it. the salaries are giving by the vendor not directly by the employer smita
From India, Pune
D.GURUMURTHY
107

Dear Sir,
Contract Labours are not your employees. Though they are working with you on behalf of Contractor,
they are not related to employment. Regularization of their service does not arise.
If at all you wanted to take them into co. service, you have to give them fresh appointment as probationers for 6/12 months period after obtaining their applications and conducting interviews fresh
to different jobs. Then you can confirm their services after successful completion of probation period.
D.Gurumurthy
Advocate/HR&IR Consultant.

From India, Hyderabad
smitamukesh3
But Sir, they have already exceed their working for more than 240 days. However, the other manufacturing companies are following of giving break of 6 month & then again rehiring them. There are Contractual labor who have continuously worked for more then 2-4 years without giving break. in between, contractor is also involved, who is charging commission. is it necessary to give them break for 3-6 month.
From India, Pune
driveme
1

Hi smita, Give them 1 month break,then you can issue appointment(probation) latter.mean time discuss with your contractor before making decision.
From India, Thana
Madhu.T.K
4248

If you mean to say that you (the Principal Employer) would like to absorb the contract labour, then only you issue your appointment letter. On the other hand, if they continue to be on the rolls of the contractor, please do not issue appointment letter. That will make the contract SHAM! A sham contract is one which is made just for name sake, inorder to deprive the employees of the status of regular employment. If that is proved, you will have to absorb the contract labour in to your rolls. There were quite a lot of cases on this matter. Please follow the link below.
Madhu.T.K: Contract Labour
Regards,
Madhu.T.K

From India, Kannur
smitamukesh3
The contract workers are working in the core function of the organization & they have exceeded the 240 working days. Now they can claim for the permanent benefit in the organisation. but, now the employer want to hire them on their payroll. what would be the correct procedure.
From India, Pune
k_shenbagarajan
188

Dear Smita, Get a No objection certificate from the present contractor and you can hire him as new employee in your organisation.
From India, Mumbai
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