Hello,
This is Satya, and I am working in a government factory. Until yesterday, there were no problems, but now there is a contractual laborer working as a computer operator for 2 years near my boss. He has been handling all the official jobs that are of a permanent nature. My colleagues and I were impressed with his work, so we provided him with an experience certificate. However, I have now learned that he is seeking a permanent job. He claims to have the experience certificate with him and also possesses a gate pass that permits him to undertake a typing test for the first time. This implies that he underwent an interview before joining and is working under a manager, not following the contractor's instructions.
Please provide me with a better solution to resolve this labor issue.
Thank you.
From India, Patnagarh
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This is Satya, and I am working in a government factory. Until yesterday, there were no problems, but now there is a contractual laborer working as a computer operator for 2 years near my boss. He has been handling all the official jobs that are of a permanent nature. My colleagues and I were impressed with his work, so we provided him with an experience certificate. However, I have now learned that he is seeking a permanent job. He claims to have the experience certificate with him and also possesses a gate pass that permits him to undertake a typing test for the first time. This implies that he underwent an interview before joining and is working under a manager, not following the contractor's instructions.
Please provide me with a better solution to resolve this labor issue.
Thank you.
From India, Patnagarh
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What is your procedure for giving an Experience Certificate?
Under what circumstances is an Experience Certificate issued?
Are there any requirements that need to be fulfilled when one applies?
Are you competent to issue it on your own, or do you need to seek approval from a senior before issuing it?
From India, Delhi
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1497Under what circumstances is an Experience Certificate issued?
Are there any requirements that need to be fulfilled when one applies?
Are you competent to issue it on your own, or do you need to seek approval from a senior before issuing it?
From India, Delhi
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Actually, the experience certificate should be issued by the Contractor as the individual works under them. However, I have provided it myself, which demonstrates that the person works under my supervision.
Experience certificates are typically issued by the HR department only upon a written request. Considering that this person works under me, I decided to provide a certificate using our company letterhead, duly stamped with my name and designation.
There was no need for any approval initially, but later I learned that the Vigilance department has instructed not to issue any type of experience certificate to contractual laborers.
From India, Patnagarh
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Experience certificates are typically issued by the HR department only upon a written request. Considering that this person works under me, I decided to provide a certificate using our company letterhead, duly stamped with my name and designation.
There was no need for any approval initially, but later I learned that the Vigilance department has instructed not to issue any type of experience certificate to contractual laborers.
From India, Patnagarh
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Dear friend,
You are lucky that Management is not taking any action against you for issuing the certificate.
Had you taken approval, then your request for approval would not have been acceded to, as your seniors are well aware of the implications. As you have rightly pointed out, now the experience certificate should have been issued by the Contractor.
As things stand, the person has also retained the "gate pass in which it is written to allow him for the first time for typing testing." This proves that the Principal Employer had a say in the selection of the contractual employee.
Moreover, he has been working for 2 years continuously, which is also proved by your certificate.
Your question is: "So, please give me a better solution to get rid of this labor."
Unfortunately for you, as things stand, if the person goes to the Court, an order in his favor shall be passed, as it is very much clear that it is a "sham" contract and the worker is working directly under the Principal Employer.
This is the view that Courts have generally taken with regards to the Contract Labor (Regulation and Abolition) Act 1970.
The only recourse available to your company is to delay the matter by appealing to higher courts of judiciary.
Anyway, you should be happy that you shall be blessed by him and his family for helping him get his job regularized.
Warm regards.
From India, Delhi
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You are lucky that Management is not taking any action against you for issuing the certificate.
Had you taken approval, then your request for approval would not have been acceded to, as your seniors are well aware of the implications. As you have rightly pointed out, now the experience certificate should have been issued by the Contractor.
As things stand, the person has also retained the "gate pass in which it is written to allow him for the first time for typing testing." This proves that the Principal Employer had a say in the selection of the contractual employee.
Moreover, he has been working for 2 years continuously, which is also proved by your certificate.
Your question is: "So, please give me a better solution to get rid of this labor."
Unfortunately for you, as things stand, if the person goes to the Court, an order in his favor shall be passed, as it is very much clear that it is a "sham" contract and the worker is working directly under the Principal Employer.
This is the view that Courts have generally taken with regards to the Contract Labor (Regulation and Abolition) Act 1970.
The only recourse available to your company is to delay the matter by appealing to higher courts of judiciary.
Anyway, you should be happy that you shall be blessed by him and his family for helping him get his job regularized.
Warm regards.
From India, Delhi
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Thank God, it is not HR who issued such type of experience certificate, and the immediate superior in the functional line issued the same. The company may have to pay the cost for this certificate. I do agree with the views expressed by our Super Moderator Raj Kumar ji. It is a blunder on the part of the person who issued the certificate. God only saves him and his company.
It is a lesson to all of us who are viewing this post, including the person who posted this issue.
From India, Mumbai
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It is a lesson to all of us who are viewing this post, including the person who posted this issue.
From India, Mumbai
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There are various ways to address this issue. Many of these approaches may not be ethical but could be necessary to prevent the misuse of the certificate that was provided. However, it is best not to discuss these methods on this forum as we do not support unethical behavior here.
On the other hand, simply possessing a gate pass to a test does not hold much significance by itself. It could be a situation where the individual failed the test but was still offered a job by the contractor. The job may be considered ongoing unless specified otherwise in the certificate. However, when the matter is brought to court, the circumstances will be examined comprehensively, and it seems likely that the individual may have a strong case in their favor.
In your situation, you are facing a significant problem. It is imperative that you promptly report this issue to both your manager and the HR department. They will determine the appropriate course of action to take. However, issuing a certificate without proper authorization may result in the loss of your job.
Vigilance will undoubtedly not be pleased with this situation. If you choose not to report it now, there is a high probability that you will lose your job when the matter surfaces.
I am not familiar with your company's policies or the stance that management may adopt, but it appears that you are caught between a rock and a hard place.
From India, Mumbai
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On the other hand, simply possessing a gate pass to a test does not hold much significance by itself. It could be a situation where the individual failed the test but was still offered a job by the contractor. The job may be considered ongoing unless specified otherwise in the certificate. However, when the matter is brought to court, the circumstances will be examined comprehensively, and it seems likely that the individual may have a strong case in their favor.
In your situation, you are facing a significant problem. It is imperative that you promptly report this issue to both your manager and the HR department. They will determine the appropriate course of action to take. However, issuing a certificate without proper authorization may result in the loss of your job.
Vigilance will undoubtedly not be pleased with this situation. If you choose not to report it now, there is a high probability that you will lose your job when the matter surfaces.
I am not familiar with your company's policies or the stance that management may adopt, but it appears that you are caught between a rock and a hard place.
From India, Mumbai
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Raj,
If the matter does go to court, it is likely the vigilance department will insist on action against him. His getting blessings from the contract employee is a small comfort for someone suddenly without a job.
From India, Mumbai
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If the matter does go to court, it is likely the vigilance department will insist on action against him. His getting blessings from the contract employee is a small comfort for someone suddenly without a job.
From India, Mumbai
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Dear All,
Who is to be blamed in this situation? Is HR not responsible for this? How is HR responsible for this? What lessons should we learn from such incidents?
We should rather discuss along those lines. May I invite the HR fraternity to discuss this issue in that context and request our Super Moderators to conclude this topic finally?
To start with, I will say HR is equally responsible for this.
From India, Mumbai
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Who is to be blamed in this situation? Is HR not responsible for this? How is HR responsible for this? What lessons should we learn from such incidents?
We should rather discuss along those lines. May I invite the HR fraternity to discuss this issue in that context and request our Super Moderators to conclude this topic finally?
To start with, I will say HR is equally responsible for this.
From India, Mumbai
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Dear Saswat,
I totally agree with you on this. I also appreciate the fact that you had the courage to say the harsh realities about the consequences that I did not have the heart to convey!! This act would indeed land the person in real trouble with the company. Moreover, since this is a government organization, once the person is charge-sheeted and a departmental inquiry is initiated against him, he cannot be relieved even if he tries to resign upon getting a better job elsewhere. The only recourse would be to report and accept the matter; and the disciplinary authority can impose a mild punishment like a warning, censure, or withholding of promotion.
Warm regards.
From India, Delhi
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I totally agree with you on this. I also appreciate the fact that you had the courage to say the harsh realities about the consequences that I did not have the heart to convey!! This act would indeed land the person in real trouble with the company. Moreover, since this is a government organization, once the person is charge-sheeted and a departmental inquiry is initiated against him, he cannot be relieved even if he tries to resign upon getting a better job elsewhere. The only recourse would be to report and accept the matter; and the disciplinary authority can impose a mild punishment like a warning, censure, or withholding of promotion.
Warm regards.
From India, Delhi
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Dear Koragaonkar Ji and friends,
The lesson that we can draw from this incident is:
- Any important certificate that mentions the employee's experience, date of joining, designation, address of residence, etc., which he needs as an employee of an organization should be issued only by the HR department and by the designated officer (of middle management cadre). In case junior officers in HR are required to issue such certificates, they must obtain proper approval from a senior HR officer for each case.
- An employee who needs a certificate must give a written request for the same while indicating the purpose for which the certificate is required.
- Standard proforma of the different types of certificates should be prepared and approved.
- The language of the certificates should be crisp, clear, and unambiguous. Care should be taken to ensure that the language cannot be interpreted as a 'no objection' certificate.
- An experience certificate should be issued only once a year (or once in six months) and upon relinquishing the job.
- Except for HR, no other department should issue any employee-related certificate on Company Letterhead.
I look forward to more suggestions from our members.
Warm regards.
From India, Delhi
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The lesson that we can draw from this incident is:
- Any important certificate that mentions the employee's experience, date of joining, designation, address of residence, etc., which he needs as an employee of an organization should be issued only by the HR department and by the designated officer (of middle management cadre). In case junior officers in HR are required to issue such certificates, they must obtain proper approval from a senior HR officer for each case.
- An employee who needs a certificate must give a written request for the same while indicating the purpose for which the certificate is required.
- Standard proforma of the different types of certificates should be prepared and approved.
- The language of the certificates should be crisp, clear, and unambiguous. Care should be taken to ensure that the language cannot be interpreted as a 'no objection' certificate.
- An experience certificate should be issued only once a year (or once in six months) and upon relinquishing the job.
- Except for HR, no other department should issue any employee-related certificate on Company Letterhead.
I look forward to more suggestions from our members.
Warm regards.
From India, Delhi
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Notification No G.S.R. 1128(E) Contract Labour (Regulation and Abolition) Central Amendment .pdf
LABOUR CONTRACT AGREEMENT.doc
Contract Labour Act.zip