Hi,
I am working in a PSU as a contract employee for the past 7 years. with break of 2 days after 5 years of completion. Is there any rule for making a contract employee permanant?
is there quardantrine leave applicable for contract employees
regards
From India, Bangalore
2I am working in a PSU as a contract employee for the past 7 years. with break of 2 days after 5 years of completion. Is there any rule for making a contract employee permanant?
is there quardantrine leave applicable for contract employees
regards
From India, Bangalore
Dear Sir
please reply whether the PSU is a factory or an establishment under the Shops Act. This is necessary to advise you on leave eligibility. Regarding employment, who gave you the appointment letter? Is it the PSU or the contractor.
From India, Madras
please reply whether the PSU is a factory or an establishment under the Shops Act. This is necessary to advise you on leave eligibility. Regarding employment, who gave you the appointment letter? Is it the PSU or the contractor.
From India, Madras
There are two interpretations about contract employment. It can be an engagement through a contractor or an employment for a fixed term (FTC) In the former case, there is no employee employer relationship between employee and the principal employer, the establishment where you are engaged. Therefore, the question of absorption or permanency does not arise. certainly, if the contract between the employer and the contractor is proved to be sham, the employees will have right of absorption as was held in Gujarat State Electricity Board Vs Hind Mazdoor Sabha (1995 SC II LLJ 790) and Municipal Corporation of Greater Mumbai Vs K V Shramik Sangh (2002-II-LLJ-544)
Please read the following also
Madhu.T.K: Contract Labour
The latter is a Fixed term Contract appointment for a particular period. Though FTC is permitted, continuously renewing and keeping an employee under an FTC will be considered as "unfair practice".
Regards,
Madhu.T.K
From India, Kannur
Please read the following also
Madhu.T.K: Contract Labour
The latter is a Fixed term Contract appointment for a particular period. Though FTC is permitted, continuously renewing and keeping an employee under an FTC will be considered as "unfair practice".
Regards,
Madhu.T.K
From India, Kannur
Dear
In the present Industrial Scenario when Contract Staffing is encouraged the chances for regularization through legal process is a long process.When you opt for it you may lose your Job.On the other hand make your Manager to recommend for making you permanent and it is better to try that process.Being a PSU regularization of Contract/Temporary workers is the discretion of the Management.
It is better to keep working and wait for the Law to change in favour of workmen.
rajanassociates
https://www.citehr.com/285737-legal-...-industry.html
From India, Bangalore
In the present Industrial Scenario when Contract Staffing is encouraged the chances for regularization through legal process is a long process.When you opt for it you may lose your Job.On the other hand make your Manager to recommend for making you permanent and it is better to try that process.Being a PSU regularization of Contract/Temporary workers is the discretion of the Management.
It is better to keep working and wait for the Law to change in favour of workmen.
rajanassociates
https://www.citehr.com/285737-legal-...-industry.html
From India, Bangalore
There is no separate punishment or penalty for unfair practices but the authorities under the Act, like Conciliation Officer, labour Court or Tribunals, can issue directions to stop the respective practice of the employer declaring it as unfair. Therefore, if an employer is seen keeping workmen as temporary for years just by renewing the FTC, there can be a direction to regularise their service.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Dear Mr. Madhu Is the "unfair practices" referred to by you in yours posts different from the "unfair labour practices defined in the Industrial Disputes Act 1947.
From India, Madras
From India, Madras
I meant the same unfair labour practices. I used it since it is an unfair labour practice from the employer’s side. Regards, Madhu.T.K
From India, Kannur
From India, Kannur
Is there any rule for making a contract employee permanant? NO is there quardantrine leave applicable for contract employees NO as per CL Act
From India, Delhi
From India, Delhi
Dear Mr.Madhu
If the "unfair practices" referred to by you is the same as the "unfair labour practice" defined under the Industrial Disputes Act 1947, then I invite your kind attention to Section 25 T of the Industrial Disputes Act. This reads as follows "25 T Prohibition of Unfair labour practice - No employer or workman or a trade union whether registered under the Trade Unions Act 1926(16 of 1926) or not, shall commit any unfair labour pracice."
Section 25 U of the same Act reads as follows "25 U - Penalty for committing unfair labour practices.- Any person who commits any unfair labour practice shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both."
Therefore, unfair labour practice as defined under section 2(ra) of the Industrial Disputes Act 1947 read with the Fifth Schedule to the Act is punishable under section 25 U of the Industrial Disputes Act.
With regards
From India, Madras
If the "unfair practices" referred to by you is the same as the "unfair labour practice" defined under the Industrial Disputes Act 1947, then I invite your kind attention to Section 25 T of the Industrial Disputes Act. This reads as follows "25 T Prohibition of Unfair labour practice - No employer or workman or a trade union whether registered under the Trade Unions Act 1926(16 of 1926) or not, shall commit any unfair labour pracice."
Section 25 U of the same Act reads as follows "25 U - Penalty for committing unfair labour practices.- Any person who commits any unfair labour practice shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both."
Therefore, unfair labour practice as defined under section 2(ra) of the Industrial Disputes Act 1947 read with the Fifth Schedule to the Act is punishable under section 25 U of the Industrial Disputes Act.
With regards
From India, Madras
Mr.reshai
You have not furnished the information I requested for. However my view is that the contract workmen or the union representing them can make an application to the appropriate Government to prohibit the continuance of contract labour in that particular establishment or process etc., The appropriate Government has got the power to abolish contract labour under sectionn 10 of the Contract Labour (Regulation and Abolition) Act. On such order being passed, the employer cannot engage contract labour. However, the contract labour whose employment is abolished do not get automatically absorbed by the principal employer. But the ousted contract workmen may raise in industrial dispute under Section 2(k) of the Industrial Disputes Act seeking that they should be absorbed by the principal employer. If the issue is not settled mutually it will be referred to the Industrial Tribunal for adjudication. The Award of the Tribunal will bind the parties, subject to the right of the parties to challenge the Award through a writ petition before the High Court. As of now this is the only process available though in practice it will be time consuming
With regards
From India, Madras
You have not furnished the information I requested for. However my view is that the contract workmen or the union representing them can make an application to the appropriate Government to prohibit the continuance of contract labour in that particular establishment or process etc., The appropriate Government has got the power to abolish contract labour under sectionn 10 of the Contract Labour (Regulation and Abolition) Act. On such order being passed, the employer cannot engage contract labour. However, the contract labour whose employment is abolished do not get automatically absorbed by the principal employer. But the ousted contract workmen may raise in industrial dispute under Section 2(k) of the Industrial Disputes Act seeking that they should be absorbed by the principal employer. If the issue is not settled mutually it will be referred to the Industrial Tribunal for adjudication. The Award of the Tribunal will bind the parties, subject to the right of the parties to challenge the Award through a writ petition before the High Court. As of now this is the only process available though in practice it will be time consuming
With regards
From India, Madras
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