Please give your knowledge on what action to be taken legally as a HR professional when a contractor refuses or does not comply with the labour rules.
From France, Cergy
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From France, Cergy
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Dear Anonymous,
As an HR professional, you are failing to perform your duties up to the expectations of your superior. What is expected of your superior, you should also be doing here. The contractor should be heard first and given an opportunity to improve themselves. Only then do you have the right to terminate their contract. Please refrain from requesting a draft termination letter.
Thank you.
From India, Mumbai
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2636As an HR professional, you are failing to perform your duties up to the expectations of your superior. What is expected of your superior, you should also be doing here. The contractor should be heard first and given an opportunity to improve themselves. Only then do you have the right to terminate their contract. Please refrain from requesting a draft termination letter.
Thank you.
From India, Mumbai
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First, you advise him to fulfill all statutory obligations. Failing to do so, don't settle his bill unless he is getting an ESI CODE/EPF CODE. This is the simplest solution. Why are you taking legal action? Time is wasted.
Regards,
V. Subbarao
Note: If anyone approaches your employer for contractorship, you demand to get ESI/EPF/LABOUR LICENCE. Otherwise, don't consider it.
Regards,
V. Subbarao
From India, Madras
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Regards,
V. Subbarao
Note: If anyone approaches your employer for contractorship, you demand to get ESI/EPF/LABOUR LICENCE. Otherwise, don't consider it.
Regards,
V. Subbarao
From India, Madras
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Dear Anonymous,
Please talk to the contractor about why he is not willing to comply with labor rules. Is he facing difficulties from the principal employer's side, or is it sheer negligence and an evasive tactic? Explain to him the consequences of not complying with labor rules and offer all possible help to resolve the issue. If you have engaged more than one contractor, inform all of them to strictly comply with labor rules and ensure that any non-compliance by contractors does not implicate you.
With regards,
Madhusudan
From India, Vijayawada
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Please talk to the contractor about why he is not willing to comply with labor rules. Is he facing difficulties from the principal employer's side, or is it sheer negligence and an evasive tactic? Explain to him the consequences of not complying with labor rules and offer all possible help to resolve the issue. If you have engaged more than one contractor, inform all of them to strictly comply with labor rules and ensure that any non-compliance by contractors does not implicate you.
With regards,
Madhusudan
From India, Vijayawada
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Introspect - are you paying him too little? In your pursuit of getting the best rates, you may have hired a contractor who will compromise on ethics and mandatories. Did you make your demands for statutory obligations clear before the project was awarded? Decent contractors, if told beforehand of their obligations, will build that into costs. However, if your decision was made solely on "rates" - you may have pushed your contractor into a corner.
If you have done everything right - just issue a show cause letter, demand an audit (if your contract allows it), and if found guilty - stop paying him pending course correction window. If he continues to violate the contract; terminate the contract and move on.
If the fault is in your system; issue revised requirements, make it time-bound, renegotiate, include audit clauses - and proceed as above.
From India, Mumbai
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If you have done everything right - just issue a show cause letter, demand an audit (if your contract allows it), and if found guilty - stop paying him pending course correction window. If he continues to violate the contract; terminate the contract and move on.
If the fault is in your system; issue revised requirements, make it time-bound, renegotiate, include audit clauses - and proceed as above.
From India, Mumbai
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Dear,
Please verify the agreement you made with the contractor. If it is not in compliance, issue a warning letter with a grace period for the implementation of a corrective action plan. After this grace period, if the contractor continues to disregard the rules, it would be advisable to terminate the contract to avoid legal repercussions against you.
Christopher
9710905566
From India, Madras
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Please verify the agreement you made with the contractor. If it is not in compliance, issue a warning letter with a grace period for the implementation of a corrective action plan. After this grace period, if the contractor continues to disregard the rules, it would be advisable to terminate the contract to avoid legal repercussions against you.
Christopher
9710905566
From India, Madras
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Labour rules are statutory. Contract and contractors are guided by the Contract Labour Regulation and Abolition Act 1970. No agreement is above labour laws. Any failure in adhering, the contractor in the first instance, and the principal employer are wholly and finally responsible. You are playing a main role. Hence, where is the question of the contractor not complying with rules and regulations? All your actions are as per CLRA. If the principal employer and contractor work hand in glove, labour authorities step in to check the violations for correction and punishment.
From India, Nellore
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From India, Nellore
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Dear anonymous friend,
As an HR Manager, your primary responsibility is to ensure adherence to statutory rules and regulations related to the labor force in your industry. It is crucial to note that the particular contractor lacks legal compliance in this regard, leading to vicarious liability as the principal employer. Despite this, it seems that you are uncertain about the course of action required for correction, possibly due to the contractor's significant influence over the company's top management.
Regardless of any external pressures, it remains your duty to guarantee legal compliance. In the event that the State Enforcement Authority initiates legal action, you will ultimately be held accountable. Therefore, I urge you to take immediate action and inform the chief about the situation without any delay or hesitation.
Thank you.
From India, Salem
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As an HR Manager, your primary responsibility is to ensure adherence to statutory rules and regulations related to the labor force in your industry. It is crucial to note that the particular contractor lacks legal compliance in this regard, leading to vicarious liability as the principal employer. Despite this, it seems that you are uncertain about the course of action required for correction, possibly due to the contractor's significant influence over the company's top management.
Regardless of any external pressures, it remains your duty to guarantee legal compliance. In the event that the State Enforcement Authority initiates legal action, you will ultimately be held accountable. Therefore, I urge you to take immediate action and inform the chief about the situation without any delay or hesitation.
Thank you.
From India, Salem
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Dear Anonymous,
First of all, please come with your proper identity to an intellectual forum like CITE. However, to address your problem, please understand that the non-compliance of the contractor to labor law legislations like Minimum wages, PF & ESI is not only his responsibility but also of the matter. The rates you are providing may be too low for him to maintain the workforce. Discuss this issue immediately, or else please terminate and blacklist him. If he is caught by labor officials while violating these laws, you will also be liable. Act quickly on this matter and come to a resolution.
Regards,
Biplab
From India, Delhi
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First of all, please come with your proper identity to an intellectual forum like CITE. However, to address your problem, please understand that the non-compliance of the contractor to labor law legislations like Minimum wages, PF & ESI is not only his responsibility but also of the matter. The rates you are providing may be too low for him to maintain the workforce. Discuss this issue immediately, or else please terminate and blacklist him. If he is caught by labor officials while violating these laws, you will also be liable. Act quickly on this matter and come to a resolution.
Regards,
Biplab
From India, Delhi
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