Sir,
My friend Babu Nayak is working as an Mgr in a govt. company & he hired a contract labor as an office clerk in the company through a Contractor. Now a few days back the contract period has been completed & it took 7 days for another new contract. During that gap there was some important work. As the gate pass has been overed the contract labour has been called inside the company by issuing a separate gate pass during that period. He has attended the duty for 4-7 days. Now when other contract labours are asking him about the payment during that period then he is saying he has taken payment from the company for that 4-7 days & he worked for the company. But in actual he has not taken any payment for that work from the company. Is there is any problem to Mr. Babu Nayak for issuing a gate pass during the period when the contract period has been completed & if contract labour go to labour court.Please help him before the matter goes up to the Upper level of my friend. Akki
From India, Patnagarh
My friend Babu Nayak is working as an Mgr in a govt. company & he hired a contract labor as an office clerk in the company through a Contractor. Now a few days back the contract period has been completed & it took 7 days for another new contract. During that gap there was some important work. As the gate pass has been overed the contract labour has been called inside the company by issuing a separate gate pass during that period. He has attended the duty for 4-7 days. Now when other contract labours are asking him about the payment during that period then he is saying he has taken payment from the company for that 4-7 days & he worked for the company. But in actual he has not taken any payment for that work from the company. Is there is any problem to Mr. Babu Nayak for issuing a gate pass during the period when the contract period has been completed & if contract labour go to labour court.Please help him before the matter goes up to the Upper level of my friend. Akki
From India, Patnagarh
It is not necessary that a casual labour can be engaged through a contractor only. If there is a gap between two contracts, we can even take it as engagement as direct labour on daily basis. And once the new contract is signed we can put him under the rolls of the contractor.
The risk is not on the gap but on continuous employment under different contractors. It will lead to the situation that the contract itself is sham. But in government organisations everything is done out of way and not following the basic labour laws and therefore, nothing to worry. Nobody questions any engagement of contract labour for years and that also in such areas which are directly connected with the main operations of the company. Clerical work is something incidental to the core activities of the business and is not like housekeeping or security service and in such work we are not supposed to engage contract labour, but still, the government companies do it.
Madhu.T.K
From India, Kannur
4250The risk is not on the gap but on continuous employment under different contractors. It will lead to the situation that the contract itself is sham. But in government organisations everything is done out of way and not following the basic labour laws and therefore, nothing to worry. Nobody questions any engagement of contract labour for years and that also in such areas which are directly connected with the main operations of the company. Clerical work is something incidental to the core activities of the business and is not like housekeeping or security service and in such work we are not supposed to engage contract labour, but still, the government companies do it.
Madhu.T.K
From India, Kannur
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