Dear Sir,
We have commenced operations and requested the contract labor to report for duty. The communication was relayed to them via direct phone calls and SMS. Despite the communication, they have not been attending their duties. In such a scenario, after how many days following the communication can the contractor terminate the contractual employment?
Regards,
Krishna Kumar
From India, Hyderabad
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16We have commenced operations and requested the contract labor to report for duty. The communication was relayed to them via direct phone calls and SMS. Despite the communication, they have not been attending their duties. In such a scenario, after how many days following the communication can the contractor terminate the contractual employment?
Regards,
Krishna Kumar
From India, Hyderabad
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You may mark the days not present for work as absent. Since they are not your direct employees, you should not take any disciplinary action against the workers but ask the contractor not to send them to your plant but to send another set of workers. The communication should always be between you, the principal employer, and the contractor, and not directly by you to the labor.
From India, Kannur
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From India, Kannur
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Hi,
Madhu Sir is absolutely correct. Prima Facie, you will not have direct jurisdiction to impose disciplinary actions on contractual labor supplied by an independent contractor. But, please also refer Management of Visl vs Presiding Officer ILR 1994 KAR 1919. In this case, the honorable court remarked:
"In our opinion, there is no substance in that contention. If a master employs a servant and authorizes him to employ a number of persons to do a particular job and to guarantee their fidelity and efficiency for a cash consideration, the employees thus appointed by the servant would be equally with the employer, servants of the master. It is not always correct to say that persons appointed and liable to be dismissed by an independent contractor can in no circumstances be the employees of the third party. This would be clear from the following observations of Lord Esher, M.R., in the case of 'DONOVAN v. LAING, WHARTON, and DOWN CONSTRUCTION SYNDICATE, 1893-1 QB 629 at p. 632(B)"
So, if all conditions prescribed in this judgment are fulfilled, you can also initiate disciplinary actions. In any case, the termination has to be adjudged in the light of the Industrial Dispute Act, Factories Act, Standing Orders, and Disaster Management Act (Including Notifications).
Read this Layoff and Termination of Employment during Covid-19 Pandemic – Part 1 (Financial Crisis), Layoff and Termination of Employment during Covid-19 Pandemic – Part 2 (Retrenchment under Industrial Dispute Act), and you can also go through these cases on Absenteeism Important Case Laws on Absence and Abandonment along with Summary.
From India, Kolkata
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Madhu Sir is absolutely correct. Prima Facie, you will not have direct jurisdiction to impose disciplinary actions on contractual labor supplied by an independent contractor. But, please also refer Management of Visl vs Presiding Officer ILR 1994 KAR 1919. In this case, the honorable court remarked:
"In our opinion, there is no substance in that contention. If a master employs a servant and authorizes him to employ a number of persons to do a particular job and to guarantee their fidelity and efficiency for a cash consideration, the employees thus appointed by the servant would be equally with the employer, servants of the master. It is not always correct to say that persons appointed and liable to be dismissed by an independent contractor can in no circumstances be the employees of the third party. This would be clear from the following observations of Lord Esher, M.R., in the case of 'DONOVAN v. LAING, WHARTON, and DOWN CONSTRUCTION SYNDICATE, 1893-1 QB 629 at p. 632(B)"
So, if all conditions prescribed in this judgment are fulfilled, you can also initiate disciplinary actions. In any case, the termination has to be adjudged in the light of the Industrial Dispute Act, Factories Act, Standing Orders, and Disaster Management Act (Including Notifications).
Read this Layoff and Termination of Employment during Covid-19 Pandemic – Part 1 (Financial Crisis), Layoff and Termination of Employment during Covid-19 Pandemic – Part 2 (Retrenchment under Industrial Dispute Act), and you can also go through these cases on Absenteeism Important Case Laws on Absence and Abandonment along with Summary.
From India, Kolkata
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Employee Termination during covid 19.pdf
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