Recently our company asked the labour contractor to reduce the man power and hence services of some selected employees was removed. Later on they approached the concillation officer ( Labour Department) for redressal. Labour officer issued notice to for termination of tersives of such employees.some employees had complted 240 days service with us.
As they were not on our rolls, we deemed as if there can be no compessation to those employees.The labour officer has other version , he says we have to give them retrenchment benifits and we need to issue notices for such termination of services and has asked us to refre to the labour laws.
Pl. suggest , what shoud I do , Is there any refrence to such Law which say that you are liable to pay in such a case.
From India, Haryana
3As they were not on our rolls, we deemed as if there can be no compessation to those employees.The labour officer has other version , he says we have to give them retrenchment benifits and we need to issue notices for such termination of services and has asked us to refre to the labour laws.
Pl. suggest , what shoud I do , Is there any refrence to such Law which say that you are liable to pay in such a case.
From India, Haryana
Hi, when u go for retrechment then certainly follow the rules as per ID act, there is a compensation for the same so follow the rules, each completed year pay 15 days base salary, otherwise principal employer has the total liability. Second thing you put the notice in advance on notice board.Follow factory act and ID actregards
From India, Delhi
From India, Delhi
Dear Arun
Thanks for your suggestion , In fact we are principal employer and if at all compensation is mandatory, than it should come from the employer first and then to the Principal Employer. But in This case, Even Their employer has not retrenched them nor we terminated their services. These employees are not reporting on duty to their respective employer since 1st of May 2009 but approaching / complaining the labour officer
From India, Haryana
Thanks for your suggestion , In fact we are principal employer and if at all compensation is mandatory, than it should come from the employer first and then to the Principal Employer. But in This case, Even Their employer has not retrenched them nor we terminated their services. These employees are not reporting on duty to their respective employer since 1st of May 2009 but approaching / complaining the labour officer
From India, Haryana
Dear Yogesh,
As per ID act, 1947 if employer wants to terminate the services of his workmen s/he should be given the notice of 1 month or 3 months as per the criteria mentioned.
But as mentioned by you, workers are on contract then you need not to give any notice or compensation.
Refer the service agreement done with contractor. If in that the clause of any compensation is there then you need to pay the same.
From India, Mumbai
As per ID act, 1947 if employer wants to terminate the services of his workmen s/he should be given the notice of 1 month or 3 months as per the criteria mentioned.
But as mentioned by you, workers are on contract then you need not to give any notice or compensation.
Refer the service agreement done with contractor. If in that the clause of any compensation is there then you need to pay the same.
From India, Mumbai
Dear Yogesh,
We do not find the Labour Officer -cum- conciliation Officer of the area on right footing in asking you in the capacity of P E to give notice of termination & other payments to the contract workers on your behalf. If these are the workers of the contractor then the contractor is to see how he manges to reduce the workers.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
We do not find the Labour Officer -cum- conciliation Officer of the area on right footing in asking you in the capacity of P E to give notice of termination & other payments to the contract workers on your behalf. If these are the workers of the contractor then the contractor is to see how he manges to reduce the workers.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
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