Dear Seniors,
In Maharashtra in an establishment where 50 or more workmen working is covered under Standing Orders Act, 1946 in this case are Contract Workers working in the premised are being counted to count the Count of 50....?
Thanks in anticiaption.....
From India, Pune
467In Maharashtra in an establishment where 50 or more workmen working is covered under Standing Orders Act, 1946 in this case are Contract Workers working in the premised are being counted to count the Count of 50....?
Thanks in anticiaption.....
From India, Pune
For the purpose of coverage of the Act all workmen whether directly employed or engaged through contractor are considered as workmen. This is because the contract workers are also engaged for the purpose of end result of the establishment. However, the standing orders (as drafted by the establishment) shall be made applicable only to workers employed directly by the employer.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Dear Sir,
I think defination of Workman of IDA & Standing Oders is same.
So as per my interpretation of ID Act Workan defination Contract Workers are excluded.
So how contract worker can be included tocount the count of 50?
I hope you will clarify the concept?
From India, Pune
I think defination of Workman of IDA & Standing Oders is same.
So as per my interpretation of ID Act Workan defination Contract Workers are excluded.
So how contract worker can be included tocount the count of 50?
I hope you will clarify the concept?
From India, Pune
Under all labour enactments be it Industrial Disputes Act, Employees State Insurance Act, Employees Provident Fund and Misc. provisions Act, Payment of Bonus Act, Payment of Gratuity Act or other, the workman or employee means a person employed to do a work connected with the company. The 2010 amendment in ID Act has provided for redressal of disputes of contract workers. Therefore, whether employed directly or indirectly all who are engaged to get something done are workmen with the exception of a few specific exemptions given in various Acts on the basis of wages or the functions as to whether they are engaged to do managerial or administrative works alone or not. Therefore, the number of employees should include contract workers also because it is with the help of these employees also that the company is carrying out its business and it is only for the company's administrative convenience that they are put in a separate roll as contract labours.
Standing Orders is a set of rules and regulations which bind the employee employee relationship. In the case of contract labours engaged through contractor, there exists no such employee employer relationship between the labour and the principal employer and that is why the standing order is not made applicable to them. Moreover, the applicability of Standing Orders will be clearly stated in the standing orders itself.
Regards,
Madhu.T.K
From India, Kannur
Standing Orders is a set of rules and regulations which bind the employee employee relationship. In the case of contract labours engaged through contractor, there exists no such employee employer relationship between the labour and the principal employer and that is why the standing order is not made applicable to them. Moreover, the applicability of Standing Orders will be clearly stated in the standing orders itself.
Regards,
Madhu.T.K
From India, Kannur
So far as the Contarctor's establsihment is concerned, the contract workers are workmen within the meaning of Sec.2(s) of the I.D Act 1947 and in so far as the Principal Employer's establsihment are concerned, they are not workmen of the Principal Employer(Company).
B.Saikumar
HR & Labour Law advsior
Mumbai
From India, Mumbai
B.Saikumar
HR & Labour Law advsior
Mumbai
From India, Mumbai
I fully subscribe the view expressed by Mr.S.Saikumar. The Industrial Employment Standing Order Act 1946 is applicable to employees of the company. There should be Master and Servant relationship between Employer and Employee.in absence of such relationship (Contract of Service) the provisions of this act will not apply.
However in case of Contract workers they are entitled to raise Industrial Dispute against their Principal Employer ( i.e Contractor)
P.N.PATHAK.
SR.HR.MANAGER.
9822790693.
From India, Pune
However in case of Contract workers they are entitled to raise Industrial Dispute against their Principal Employer ( i.e Contractor)
P.N.PATHAK.
SR.HR.MANAGER.
9822790693.
From India, Pune
Dear All, As per Section 1 of the Act, the act applies to every establishment in which 50 or more WORKMEN are employed or were employed on any day of the preceding 12 months. Section 2(i) further defines workmen as it is defined in the Industrial Disputes Act. Since under the Industrial Disputes Act, as a general rule it can be said that contract labour are excluded in the definition of Workman, in my view the same concept applies here too. In case it was stated that SO Act would apply to factories or establishments in which 50 or more are employed eiother directly or otherwise, as stated in Factories Act, PF Act etc then it would have followed that contract labour could be counted. But being not the case I am of the opinion that contract labour cannot be counted as workman in this regard. Regards
KK
From India, Bhopal
KK
From India, Bhopal
Dear Seniors,
In Maharashtra in an establishment where 50 or more workmen working is covered under Standing Orders Act, 1946 in this case are Contract Workers working in the premised are being counted to count the Count of 50....?
Thanks in anticiaption.....
From India, New Delhi
In Maharashtra in an establishment where 50 or more workmen working is covered under Standing Orders Act, 1946 in this case are Contract Workers working in the premised are being counted to count the Count of 50....?
Thanks in anticiaption.....
From India, New Delhi
For the purpose of coverage of any Act, you have to consider the employees engaged through a contractor. For the purpose of coverage of Standing Order Act also, the same applies and if your number of employees considering the contract labour is 50 or more, you should have an independent Standing Order no matter the contract labour are not covered by the provisions of the standing orders.
Madhu
From India, Kannur
Madhu
From India, Kannur
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