Dear Senior Friends,
Its an Izat ke saval ; HR Vs Accounts
We are having some contractor workmen in our factory. Usually If any regular workmen works on National Holiday we are paying double OT. Like that the contractor's workmen are also eligible for that OT payment its our HR department version. But Accounts personnel says there is 'NO' rule at all. Please give your comment immediately to face the problem solving.
Regards,
PBS KUMAR
From India, Kakinada
590Its an Izat ke saval ; HR Vs Accounts
We are having some contractor workmen in our factory. Usually If any regular workmen works on National Holiday we are paying double OT. Like that the contractor's workmen are also eligible for that OT payment its our HR department version. But Accounts personnel says there is 'NO' rule at all. Please give your comment immediately to face the problem solving.
Regards,
PBS KUMAR
From India, Kakinada
Dear PBS Kumar,
Payment of overtime is to be made if the work is taken on National or other holiday from any worker who is eligible & entitled to have such holiday while in your case we are to examine whether the contractor's workers are entitled to have national holiday under the Industrial Establishment ( National & Festival Holidays and Casual & Sick Leaves) Act of your State & if the answer comes out be 'No' then the contractor is not required to make any OT payment. So plz examine the provisions on applicability, definition of worker & employer in your State Act for the finalization of matter in hand. Also see their version as to why why the accounts people are refusing to make O T payment to the contractor's worker on behalf of the contractor.
With Regards,
R.N.Khola
From India, Delhi
Payment of overtime is to be made if the work is taken on National or other holiday from any worker who is eligible & entitled to have such holiday while in your case we are to examine whether the contractor's workers are entitled to have national holiday under the Industrial Establishment ( National & Festival Holidays and Casual & Sick Leaves) Act of your State & if the answer comes out be 'No' then the contractor is not required to make any OT payment. So plz examine the provisions on applicability, definition of worker & employer in your State Act for the finalization of matter in hand. Also see their version as to why why the accounts people are refusing to make O T payment to the contractor's worker on behalf of the contractor.
With Regards,
R.N.Khola
From India, Delhi
Dear Khola ji,
Our industry is "FACTORY" according to factories act see the 'Worker' definetion.
The entire India the contract labour act is attracted by the other labour acts such as Factories Act, Bonus Act, PF, ESI, Gratuity, Minimum wages, payment of wages, etc,etc.
Regards,
PBS KUMAR
From India, Kakinada
Our industry is "FACTORY" according to factories act see the 'Worker' definetion.
The entire India the contract labour act is attracted by the other labour acts such as Factories Act, Bonus Act, PF, ESI, Gratuity, Minimum wages, payment of wages, etc,etc.
Regards,
PBS KUMAR
From India, Kakinada
Dear Kumar,
We all know that you are our one of the respectable & intelligent CiteHR member who has provided us with a lot of important material on labour & other laws for our benefit. If your accounts department is not of the same view and they are not convinced by your version then take up the matter with the higher management for taking final decision in this matter. For applicability of the Factories Act, 1948 we do considered the on roll strength of the contractor but he is not supposed to take the factory licence. Factory licence is required to be taken by the occupier of the unit. Responsibilities of the employer & the contractor are to be seen carefully. In India we all know that there happens to be different definitions on various terms such as wage/salary, worker, employee etc. While extending any of the benefit we should adhere to that particular Act for applicability & other definitions to see who are entitled to have these benefits under that Act & therefore I have suggested to go through your State NFH Act.
With Regards,
R.N.Khola
From India, Delhi
We all know that you are our one of the respectable & intelligent CiteHR member who has provided us with a lot of important material on labour & other laws for our benefit. If your accounts department is not of the same view and they are not convinced by your version then take up the matter with the higher management for taking final decision in this matter. For applicability of the Factories Act, 1948 we do considered the on roll strength of the contractor but he is not supposed to take the factory licence. Factory licence is required to be taken by the occupier of the unit. Responsibilities of the employer & the contractor are to be seen carefully. In India we all know that there happens to be different definitions on various terms such as wage/salary, worker, employee etc. While extending any of the benefit we should adhere to that particular Act for applicability & other definitions to see who are entitled to have these benefits under that Act & therefore I have suggested to go through your State NFH Act.
With Regards,
R.N.Khola
From India, Delhi
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The Tamil Nadu Industrial Establishments (National And Festival Holidays) Amendment Act, 2017.pdf
Form V.xls National and Festival Holidays.xls