Senior,
In factories have 73 employees all are contract labours So I know CLRA Act is applicable, factories cover under the Tamilnadu factories rules
My question whether following Act is applicable or Not
1.Industrial disputes Act
2.Stabding order Act
3.Bonus Act
4.Gratuity Act
5. Subsistence allowance Act
Thanks & Regards
Hekarthik
From India, Coimbatore
46In factories have 73 employees all are contract labours So I know CLRA Act is applicable, factories cover under the Tamilnadu factories rules
My question whether following Act is applicable or Not
1.Industrial disputes Act
2.Stabding order Act
3.Bonus Act
4.Gratuity Act
5. Subsistence allowance Act
Thanks & Regards
Hekarthik
From India, Coimbatore
You have 73 employees in your factory and all are contract labour.What does it mean? You do not have any regular workers but all are under a contractor or all are employed on contractual basis, say for two years or till completion of a project? If you mean to say that all are engaged through a contractor and not under your rolls, you are at a risk because you cannot engage contract labour on operations of perennial nature. There should be direct labour who will perform all the core functions and you can engage contract labour on such activities which are not directly related to the main operations of the business.
On the other hand, if you have taken a work/ project which is to be completed over a time period, and for that you have hired labour on a fixed term contract, then it is okay and you can employ them on a contractual basis for such time as is provided in the contract. In this scenario the Contract labour(Regulation and Abolition) Act will not be applicable. In the former case the CLRA Act will be applicable though the system itself is illegal.
All other Acts named in the thread will be applicable to the factory.
Madhu.T.K
From India, Kannur
On the other hand, if you have taken a work/ project which is to be completed over a time period, and for that you have hired labour on a fixed term contract, then it is okay and you can employ them on a contractual basis for such time as is provided in the contract. In this scenario the Contract labour(Regulation and Abolition) Act will not be applicable. In the former case the CLRA Act will be applicable though the system itself is illegal.
All other Acts named in the thread will be applicable to the factory.
Madhu.T.K
From India, Kannur
Industrial Disputes Act is applicable to both workers on contractual basis and those engaged through a contractor. Madhu.T.K
From India, Kannur
From India, Kannur
Dear Madhu Ji,
Thanks for information
If it’s possible Please share relevant notification or section /rule
Please and also clarify It is differed state to state for applicable for ID Act to contract workers?
Thanks & Regards
Hekarthi
From India, Coimbatore
Thanks for information
If it’s possible Please share relevant notification or section /rule
Please and also clarify It is differed state to state for applicable for ID Act to contract workers?
Thanks & Regards
Hekarthi
From India, Coimbatore
The definition of workmen under section 2(s) of the ID Act itself shows that any person 'employed' and it implies that person engaged through contractor is also an employee or workman. The Amendment of 2010 has also provided while amending the scope of appropriate authority that ".......Provided that in case of a dispute between a contractor and the contract labour employed through the contractor in any industrial establishment where such dispute first arose, the appropriate Government shall be the Central Government or the State Government, as the case may be, which has control over such industrial establishment.”.
The ID Act is a Central Act and the same is applicable to all states though there can be changes in the state amendments or Rules, but will not have much difference.
Madhu.T.K
From India, Kannur
The ID Act is a Central Act and the same is applicable to all states though there can be changes in the state amendments or Rules, but will not have much difference.
Madhu.T.K
From India, Kannur
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