Since we don't want to increase the Manpower of Packing Plant & to comply 100% legal compliance like compulsory W/off, OT, Leave etc.
We want to adjust one mechanical workmen to work both in Mechanical as well as in Packing Department. The issue is that the contractor of both the department is different & Contractor A (Mechanical) is paying on monthly basis & Contractor B (Packing) will paid on piece rate basis.
Under Section 60 in The Factories Act, 1948, there is restriction on double employment
60. Restriction on double employment.—No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed.
But Factory Act is more on working in 2 different factories & as far as I know, haven't read anywhere regarding 2 contractors in the same factory.
Suppose we allowed double employment then How we calculate his working days, can we deposit PF in two accounts, can we consider him 1 FTE or two, who will take Employee compensation policy. In case of mis happening, who will pay.
On the above issue, your guidance is required immediately.
From India, Mumbai
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7We want to adjust one mechanical workmen to work both in Mechanical as well as in Packing Department. The issue is that the contractor of both the department is different & Contractor A (Mechanical) is paying on monthly basis & Contractor B (Packing) will paid on piece rate basis.
Under Section 60 in The Factories Act, 1948, there is restriction on double employment
60. Restriction on double employment.—No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed.
But Factory Act is more on working in 2 different factories & as far as I know, haven't read anywhere regarding 2 contractors in the same factory.
Suppose we allowed double employment then How we calculate his working days, can we deposit PF in two accounts, can we consider him 1 FTE or two, who will take Employee compensation policy. In case of mis happening, who will pay.
On the above issue, your guidance is required immediately.
From India, Mumbai
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To me, the opening paragraph of your post seems to be self-contradictory, and the last one appears to suggest possible practical and legal issues that may arise from the proposed alternative. Therefore, it would be advisable to consider increasing the manpower at the Packing Plant.
From India, Salem
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From India, Salem
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Dear Slamba,
It is not permissible to work as both an HR professional and an Accountant within the same organization. Even if you possess knowledge of bookkeeping, you cannot hold both roles simultaneously. In your scenario, if an individual works with two different contractors, they cannot be employed by both contractors within the same organization as it is prohibited by law.
I believe Mr. Umakanthan.M has proposed the correct solution.
From India, Pune
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It is not permissible to work as both an HR professional and an Accountant within the same organization. Even if you possess knowledge of bookkeeping, you cannot hold both roles simultaneously. In your scenario, if an individual works with two different contractors, they cannot be employed by both contractors within the same organization as it is prohibited by law.
I believe Mr. Umakanthan.M has proposed the correct solution.
From India, Pune
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Enforcement of negative covenants in employment terms.pdf