Hi,
Various employer use contract labour for support functions to their manufacturing process. It is a practice that contractor ( as per employer directions ) gives break after completion of 6 or 7 months to contract labour, and again redeploy after 3 months break.
My query is that if contractors are giving this type of break only to ensure that the said person should not complete his 240 days in that calender year and further should not claim to regularisation. e.g. in case person works for 6 months ( 180 days ) and given break of 3 months ( 90 days ). If he is redeployed after that then there are chances to completing 240 days in year but not continuous.
Then does this break is meaning of artificial break to deprived the claim for regularisation. If yes, then how ideal conditions ( Break system ) should be adopted to avoid this ( artificial break ).
In case anyone having citation / judgement on this, requested share.
Seniors your view please.
Regards,
Rahul
From India, Mumbai
Various employer use contract labour for support functions to their manufacturing process. It is a practice that contractor ( as per employer directions ) gives break after completion of 6 or 7 months to contract labour, and again redeploy after 3 months break.
My query is that if contractors are giving this type of break only to ensure that the said person should not complete his 240 days in that calender year and further should not claim to regularisation. e.g. in case person works for 6 months ( 180 days ) and given break of 3 months ( 90 days ). If he is redeployed after that then there are chances to completing 240 days in year but not continuous.
Then does this break is meaning of artificial break to deprived the claim for regularisation. If yes, then how ideal conditions ( Break system ) should be adopted to avoid this ( artificial break ).
In case anyone having citation / judgement on this, requested share.
Seniors your view please.
Regards,
Rahul
From India, Mumbai
Hello friend,
This is using the loop hole in the law. Now the organizations who are uniting contract labour are demanding that such practices should be stopped. They are demanding that in case a person is employed after such breaks he/she should be employed as a permanent workmen in the organization.
However in India things like this will continue until a legislation is enforced.
Regards
nishikant
From United States, Greensboro
21This is using the loop hole in the law. Now the organizations who are uniting contract labour are demanding that such practices should be stopped. They are demanding that in case a person is employed after such breaks he/she should be employed as a permanent workmen in the organization.
However in India things like this will continue until a legislation is enforced.
Regards
nishikant
From United States, Greensboro
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Break.zip
Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf