Can contract labours be appointed in shops where permanent workers are engaged In perennial nature of job. If they are appointed whether their wages should be the same given to permanent employees.
From India, Chennai
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1From India, Chennai
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Yes, unless a particular activity, operation, or work in any establishment is prohibited under section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 by the appropriate Government, one can employ contract labor in such work of the establishment. This is subject to the condition that the conditions of service are on par with those of the regular workmen of the establishment.
From India, Salem
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From India, Salem
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Yes, limitations. The nature of work unit, if registered as a shop under the Shops and Establishments Act, does not allow you to engage contract labor to work on the premises of your shop. However, you can engage contract labor to work in the field, such as mobilization, propaganda, marketing staff, etc.
For example, in a supermarket like a shop, all employees become regular employees and not contract labor. On the other hand, D-Mart or Reliance supermarkets, though registered under the Shops and Establishments Act, have outsourced all their branch operations to an agency to run their branches in the area, state, or country.
Therefore, no contract labor is allowed in a shop but is allowed in fieldwork. In large-scale branch operations, contract staff is allowed.
From India, Nellore
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For example, in a supermarket like a shop, all employees become regular employees and not contract labor. On the other hand, D-Mart or Reliance supermarkets, though registered under the Shops and Establishments Act, have outsourced all their branch operations to an agency to run their branches in the area, state, or country.
Therefore, no contract labor is allowed in a shop but is allowed in fieldwork. In large-scale branch operations, contract staff is allowed.
From India, Nellore
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Dear Gannahope,
I beg to differ. Please provide government notification prohibiting engaging casual labor in shops. Mr. Umakanthan has correctly stated the current legal position, and I concur with it.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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I beg to differ. Please provide government notification prohibiting engaging casual labor in shops. Mr. Umakanthan has correctly stated the current legal position, and I concur with it.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Yes, HONOURABLE GENTLEMEN. RIGHT QUESTION.
SHOPS AND ESTT ACT IS A SACRED ACT. A LOT OF PROTECTION IS THERE FOR WORKING EMPLOYEES IN THAT PREMISES. A LOT OF PROTECTION OF THEIR JOBS, working hours, OT service compensation, information on holidays, weekly spread over, Appointment letters. Removal of job appeals to authority court. Certain permanent registers, etc. Section 47 and Section 66 explain a lot. And the sanctity of job security lies in Shops and Establishments Act. While doing inspections in shops and establishments, we don't allow contract labour in shops. We treat them as regular shop employees. The AP Shops and Establishments Act goes like that.
Nowadays, every field is polluted, so somewhere shops are also engaging contract labour, which is against the sanctity of the shop act.
From India, Nellore
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SHOPS AND ESTT ACT IS A SACRED ACT. A LOT OF PROTECTION IS THERE FOR WORKING EMPLOYEES IN THAT PREMISES. A LOT OF PROTECTION OF THEIR JOBS, working hours, OT service compensation, information on holidays, weekly spread over, Appointment letters. Removal of job appeals to authority court. Certain permanent registers, etc. Section 47 and Section 66 explain a lot. And the sanctity of job security lies in Shops and Establishments Act. While doing inspections in shops and establishments, we don't allow contract labour in shops. We treat them as regular shop employees. The AP Shops and Establishments Act goes like that.
Nowadays, every field is polluted, so somewhere shops are also engaging contract labour, which is against the sanctity of the shop act.
From India, Nellore
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The Shop and Establishments Act and the Contract Labour Act are of quite opposite natures. The Shop Act pertains to employees of a permanent nature, while the Contract Labour Act deals with those of a temporary nature in all aspects.
Under the Shop Act, every employee, regardless of their length of service, even just one day since joining, the employer must issue an appointment letter in Form XXVI and provide registers upon demand by the labour inspector during inspections. These requirements under Section 68(2) of the APSE Act may contradict each other due to the nature of the acts.
In essence, it's a comparison of a tiger and a paper tiger.
From India, Nellore
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Under the Shop Act, every employee, regardless of their length of service, even just one day since joining, the employer must issue an appointment letter in Form XXVI and provide registers upon demand by the labour inspector during inspections. These requirements under Section 68(2) of the APSE Act may contradict each other due to the nature of the acts.
In essence, it's a comparison of a tiger and a paper tiger.
From India, Nellore
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Dear [insert name],
I believe you are out of your mind when one reads your posts. It is difficult to find the head and tail of your arguments as you have digressed significantly from the original issue of the prohibition on engaging contract labor in shops.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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I believe you are out of your mind when one reads your posts. It is difficult to find the head and tail of your arguments as you have digressed significantly from the original issue of the prohibition on engaging contract labor in shops.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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OMG, SENIORS GOT ANGER ON ME. OK, IN A.P. CONTRACT LABOR WAS NOT IN PRACTICE IN SHOPS, AND LABOR DEPARTMENT DID NOT RECOGNIZE SUCH IN SHOPS. BUT AS CONTRACT LABOR WAS ALLOWED IN FIELDS, IT WAS ACCEPTED. As far as my knowledge and witnessed.
SEE, THE FORUM IS COPYING AND PASTING LABOR ACT EXTRACTS HERE. I AM TELLING WHAT IS IN PRACTICE, AND SO, SOME CLASHES HERE. Moreover, I read the question only and not what other men have already replied to or previous replies. So, certain opinions clash hard.
From India, Nellore
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SEE, THE FORUM IS COPYING AND PASTING LABOR ACT EXTRACTS HERE. I AM TELLING WHAT IS IN PRACTICE, AND SO, SOME CLASHES HERE. Moreover, I read the question only and not what other men have already replied to or previous replies. So, certain opinions clash hard.
From India, Nellore
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January'14 to June'14- Contract Labours.pdf