Is it mandatory for Company to give food for contract Employees? Please Help. Regards, Raghavendra B R
From India, Pune
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4From India, Pune
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Dear Raghavendra,
It is not mandatory to issue food coupons or provide food facilities to any employee. If it is a factory, you have to provide a canteen facility as per the Factory Act. However, there are some limitations. For more clarification, please refer to the act.
Lakshminaryana
9866917232
From India, Hyderabad
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It is not mandatory to issue food coupons or provide food facilities to any employee. If it is a factory, you have to provide a canteen facility as per the Factory Act. However, there are some limitations. For more clarification, please refer to the act.
Lakshminaryana
9866917232
From India, Hyderabad
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What is mandatory is to pay them minimum wages notified by the government as applicable to the class of contract workers working in your establishment. B.Saikumar Mumbai
From India, Mumbai
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From India, Mumbai
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It depends on number contract workers you are engaging. In AP service conditions of contract labour are regulated and accordingly welfare facilities need to be provided. Canteen is one such facility.
From India, Hyderabad
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From India, Hyderabad
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Dear Raghavendra,
As a Principal Employer, you have certain legal obligations towards them.
If you have your departmental canteen, you should permit them to use the canteen. Even if you have some other arrangement for your regular employees, it should be extended to contract employees as well, maybe at concessional rates.
Read this provision from CLRA Act:
"CHAPTER V
WELFARE AND HEALTH OF CONTRACT LABOUR
16. Canteens.- (1) The appropriate Government may make rules requiring that in every establishment--
(a) to which this Act applies,
(b) wherein work requiring employment of contract labour is likely to continue for such period as may be prescribed, and
(c) wherein contract labour numbering one hundred or more is ordinarily employed by a contractor, one or more canteens shall be provided and maintained by the contractor for the use of such contract labour.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for--
(a) the date by which the canteens shall be provided;
(b) the number of canteens that shall be provided, and the standards in respect of construction, accommodation, furniture, and other equipment of the canteens; and
(c) the foodstuffs which may be served therein and the charges which may be made thereof."
Kumar S.
From India, Bangalore
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As a Principal Employer, you have certain legal obligations towards them.
If you have your departmental canteen, you should permit them to use the canteen. Even if you have some other arrangement for your regular employees, it should be extended to contract employees as well, maybe at concessional rates.
Read this provision from CLRA Act:
"CHAPTER V
WELFARE AND HEALTH OF CONTRACT LABOUR
16. Canteens.- (1) The appropriate Government may make rules requiring that in every establishment--
(a) to which this Act applies,
(b) wherein work requiring employment of contract labour is likely to continue for such period as may be prescribed, and
(c) wherein contract labour numbering one hundred or more is ordinarily employed by a contractor, one or more canteens shall be provided and maintained by the contractor for the use of such contract labour.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for--
(a) the date by which the canteens shall be provided;
(b) the number of canteens that shall be provided, and the standards in respect of construction, accommodation, furniture, and other equipment of the canteens; and
(c) the foodstuffs which may be served therein and the charges which may be made thereof."
Kumar S.
From India, Bangalore
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Hi,
A workman is a workman, whatever name you call them – be it regular, daily, or contract. Ultimately, work has to take place. When regular and contract workers perform the same tasks, providing meals to regular employees but not to contract workers can create imbalance. In the Maruthi plant, this imbalance led to a grinding halt for similar reasons.
It is also mandatory under the Industrial Disputes Act and Contract Act to treat both types of workers equally.
Vivian Chanrashekar
9916138191
From India, Bangalore
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A workman is a workman, whatever name you call them – be it regular, daily, or contract. Ultimately, work has to take place. When regular and contract workers perform the same tasks, providing meals to regular employees but not to contract workers can create imbalance. In the Maruthi plant, this imbalance led to a grinding halt for similar reasons.
It is also mandatory under the Industrial Disputes Act and Contract Act to treat both types of workers equally.
Vivian Chanrashekar
9916138191
From India, Bangalore
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Dear Raghavendra, I will only add to the right opinion expressed by Loginmiracle above. You need to provide canteen facility but not at subsidised rate. Best Regards Haragopal GM-HR SSPL, Hyderabad
From India, Hyderabad
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From India, Hyderabad
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Apart from all logics and rules and regulations, if the numbers are bare minimum, why not give food as a gesture... Direct or Indirect, he is a human being contributing to your organization's growth. If he is a contract employee, then treat him like your guest. Atithi Devo Bhava! Let us be human beings first. All rules and regulations are formed by human beings only for safeguarding certain interests. These rules, regulations, and guidelines can undergo change at any time by an order of the establishment or by a decision of a court. Why wait for such an occasion to guide you to change your principle! Best wishes.
From India, Bengaluru
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From India, Bengaluru
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Dear Raghavendra,
Re: Canteen to CL.
Please note the additional provisions under Section 20, Chapter V of the CLRA Act:
"20. Liability of principal employer in certain cases.- (1) If any amenity required to be provided under Section 16, Section 17, Section 18, or Section 19 for the benefit of the contract labor employed in an establishment is not provided by the contractor within the time prescribed, such amenity shall be provided by the principal employer within the time as prescribed.
(2) All expenses incurred by the principal employer in providing the amenity may be recovered by the principal employer from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor."
Also, please review the following attachment (notification in 1971 regarding Canteen to CL among other stipulations).
Kumar S.
From India, Bangalore
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Re: Canteen to CL.
Please note the additional provisions under Section 20, Chapter V of the CLRA Act:
"20. Liability of principal employer in certain cases.- (1) If any amenity required to be provided under Section 16, Section 17, Section 18, or Section 19 for the benefit of the contract labor employed in an establishment is not provided by the contractor within the time prescribed, such amenity shall be provided by the principal employer within the time as prescribed.
(2) All expenses incurred by the principal employer in providing the amenity may be recovered by the principal employer from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor."
Also, please review the following attachment (notification in 1971 regarding Canteen to CL among other stipulations).
Kumar S.
From India, Bangalore
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Dear Mr. Raghavendra,
In my opinion, there should not be any discrimination in providing food to employees, be it contract or confirmed employees. On the other hand, to provide it under subsidy or free of cost is the management's discretion. Having said this, as pointed out by one member, if you decide to apply a dual yardstick (subsidy/free of cost) between contract/confirmed employees, it may not be feasible for you to maintain the status for longer periods (Maruti incident).
Talk to your management and resolve the issue by providing food to all employees using the same yardstick.
M.V. Kannan
From India, Madras
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In my opinion, there should not be any discrimination in providing food to employees, be it contract or confirmed employees. On the other hand, to provide it under subsidy or free of cost is the management's discretion. Having said this, as pointed out by one member, if you decide to apply a dual yardstick (subsidy/free of cost) between contract/confirmed employees, it may not be feasible for you to maintain the status for longer periods (Maruti incident).
Talk to your management and resolve the issue by providing food to all employees using the same yardstick.
M.V. Kannan
From India, Madras
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