Dear Sir,
I have the following doubts regarding the contract labor:
1. Can the contract labor join the employees' union?
2. In our organization, there are 42 contractors. If the workers from all these contractors form a union, to whom should they submit their charter of demands? What is the role of the principal employer?
Kindly clarify the above, please.
Regards,
GIRI
From India, Hyderabad
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4I have the following doubts regarding the contract labor:
1. Can the contract labor join the employees' union?
2. In our organization, there are 42 contractors. If the workers from all these contractors form a union, to whom should they submit their charter of demands? What is the role of the principal employer?
Kindly clarify the above, please.
Regards,
GIRI
From India, Hyderabad
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1. Can the contract labor take members in the employees' union? - Yes
2. In our organization, there are 42 contractors. If the workers from all these contractors form a union, to whom will they submit their charter of demands? What is the role of the principal employer? - Do you have Certified Standing Orders? If yes, are the contract workers excluded from the provision of the Certified Standing Orders? If yes, then these contract labors have to prove before the Competent Authority that they are workmen under Section 2(s) of ID Act. Only then will the Principal Employer come into the picture; otherwise, only the Contractor will be deemed as the Employer to the Contract Workers.
From India, Pune
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2. In our organization, there are 42 contractors. If the workers from all these contractors form a union, to whom will they submit their charter of demands? What is the role of the principal employer? - Do you have Certified Standing Orders? If yes, are the contract workers excluded from the provision of the Certified Standing Orders? If yes, then these contract labors have to prove before the Competent Authority that they are workmen under Section 2(s) of ID Act. Only then will the Principal Employer come into the picture; otherwise, only the Contractor will be deemed as the Employer to the Contract Workers.
From India, Pune
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Dear Sir,
The contractual employees can form their own union and they shall submit their charter of demands to their respective employers. However, since they are working in your organization, it is your duty in your own interest to have a dialogue with the contractors about the demands without interfering in their negotiations. You need to monitor the progress as it may affect the smooth functioning as well as the general IR situation.
From India, Pune
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The contractual employees can form their own union and they shall submit their charter of demands to their respective employers. However, since they are working in your organization, it is your duty in your own interest to have a dialogue with the contractors about the demands without interfering in their negotiations. You need to monitor the progress as it may affect the smooth functioning as well as the general IR situation.
From India, Pune
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While agreeing with the above, it appears your question is whether they can join the employees' union. If so, I feel it is NO. They may form a union and become members of such a union. They need to submit a charter of demands to contractors (their employers) only, but in practice, they are giving a copy of the same to the principal employer also. However, as our colleague said, the principal employer needs to monitor in his own interest.
From India, Hyderabad
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From India, Hyderabad
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Dear Friend,
According to the ILO, every employee has the fundamental right to form, participate, or become a member of any union in any organization. Every country constitutionally allows the exercise of this fundamental right.
In an organization where different contractors are performing, a Labour Union can be formed and registered easily. A main body (Panel) can be constituted for infrastructure as follows:
- President from Contractor No.1
- Vice President from Contractor No.2
- General Secretary from Contractor No.3
- Finance Secretary from Contractor No.4
- Secretary of Information from Contractor No.5
and so on.
Every employee, for every employer, can become a member, and the charter of demands is the responsibility of the elected or selected body to present to the employer.
Amjad Ali Anjum
HR & Administration Professional
From Pakistan, Islamabad
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According to the ILO, every employee has the fundamental right to form, participate, or become a member of any union in any organization. Every country constitutionally allows the exercise of this fundamental right.
In an organization where different contractors are performing, a Labour Union can be formed and registered easily. A main body (Panel) can be constituted for infrastructure as follows:
- President from Contractor No.1
- Vice President from Contractor No.2
- General Secretary from Contractor No.3
- Finance Secretary from Contractor No.4
- Secretary of Information from Contractor No.5
and so on.
Every employee, for every employer, can become a member, and the charter of demands is the responsibility of the elected or selected body to present to the employer.
Amjad Ali Anjum
HR & Administration Professional
From Pakistan, Islamabad
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Dear Member,
Of course, contract laborers can join the union of regular employees or any such union that has been registered. The union cannot raise demands pertaining to contract laborers before the principal employer. However, unions may adapt tactics to include the name of the principal employer as one of the parties in disputes regarding their demands. Thus, the principal employer should be concerned with all such moves of contract laborers.
Regards,
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
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Of course, contract laborers can join the union of regular employees or any such union that has been registered. The union cannot raise demands pertaining to contract laborers before the principal employer. However, unions may adapt tactics to include the name of the principal employer as one of the parties in disputes regarding their demands. Thus, the principal employer should be concerned with all such moves of contract laborers.
Regards,
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
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Dear Giri,
A contract labor, by the fact that he is employed in the same industry to which the trade union is connected, can seek membership in the employees' union provided the by-laws or the rules of the union permit the same.
Yes, all the contract labor engaged through the 42 contractors can form a separate trade union if they so desire. However, they can address their charter of demands, if any, technically to the contractors only. It will be a sticky situation, and the principal employer cannot be a silent spectator, as some of the members have already pointed out. The reasons are very simple ones: (a) certain demands may have pecuniary repercussions, while others may be related to statutory compliance; (b) the deterioration in the relationship between the contractors and their labor may have an adverse impact on the functioning of the principal's establishment; and (c) the State Administration will not allow the principal employer scot-free on technical grounds. Hence, the role of the principal employer is not different from that of a situation created by his regular workmen, and he has to act as expeditiously as possible to remedy the situation—okay?
I hope this helps. Let me know if you need further assistance.
From India, Salem
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A contract labor, by the fact that he is employed in the same industry to which the trade union is connected, can seek membership in the employees' union provided the by-laws or the rules of the union permit the same.
Yes, all the contract labor engaged through the 42 contractors can form a separate trade union if they so desire. However, they can address their charter of demands, if any, technically to the contractors only. It will be a sticky situation, and the principal employer cannot be a silent spectator, as some of the members have already pointed out. The reasons are very simple ones: (a) certain demands may have pecuniary repercussions, while others may be related to statutory compliance; (b) the deterioration in the relationship between the contractors and their labor may have an adverse impact on the functioning of the principal's establishment; and (c) the State Administration will not allow the principal employer scot-free on technical grounds. Hence, the role of the principal employer is not different from that of a situation created by his regular workmen, and he has to act as expeditiously as possible to remedy the situation—okay?
I hope this helps. Let me know if you need further assistance.
From India, Salem
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Points as mentioned by the additional Commissioner are 24-carat gold. Regarding the second half of his comment that - "it will be a sticky situation and the principal employer cannot be a silent spectator as some of the members have already pointed out. The reasons are very simple ones: (a) certain demands may have pecuniary repercussions while others may be related to statutory compliance, (b) the deterioration in the relationship between the contractors and their labor may have an adverse impact on the functioning of the principal's establishment, (c) the State Administration will not allow the principal employer to go scot-free on technical grounds."
The catch-22 can be well addressed and catered to in the agreement between the contractor and the company hiring the services of the contractor, including Workers' Compensation.
From India, New Delhi
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The catch-22 can be well addressed and catered to in the agreement between the contractor and the company hiring the services of the contractor, including Workers' Compensation.
From India, New Delhi
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Suggesting consulting your Legal Advisor immediately.
Try your best to avoid contract workmen joining the company union by placing necessary clauses in standing orders. Maybe later, for long-term settlements with regular workmen, this can create hassles.
It is not the company's affair to manage the charter of demands of contract workmen. Instead, it is the task of their principal employer.
From India, Bangalore
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Try your best to avoid contract workmen joining the company union by placing necessary clauses in standing orders. Maybe later, for long-term settlements with regular workmen, this can create hassles.
It is not the company's affair to manage the charter of demands of contract workmen. Instead, it is the task of their principal employer.
From India, Bangalore
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To Mr. Umakanthan.M,
Dear Sir,
Can you please enlighten me as to whether a non-workman president of an unregistered trade union can espouse the cause of contract laborers in any proceeding under the ID Act or file a writ petition in the High Court?
Regards,
skhota
From India, Calcutta
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Dear Sir,
Can you please enlighten me as to whether a non-workman president of an unregistered trade union can espouse the cause of contract laborers in any proceeding under the ID Act or file a writ petition in the High Court?
Regards,
skhota
From India, Calcutta
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