Our's is the defence production unit (under Min. of Defence) and hiring contract laborers around 650 members including all skills (unskilled, semi-skilled, skilled & highly skilled) on various supply orders for various locations inside and outside of the factory, through a third party, i.e., certified/authorized labor contractor/manpower supplier.
In this regard, we have some doubts about:
1. Whether the contract laborers hired through the third party, i.e., certified/authorized labor contractor/manpower supplier procured through GEM (Govt. E-Market tendering process) will be paid for national holidays/state holidays or not, as we are not engaging them on any holidays.
2. Whether the contract laborers hired through a third party, i.e., licensed labor contractor/manpower supplier procured through GEM (Govt. E-Market tendering process) and engaged in work, exclusive of holidays and Sundays only. In this case, will they be given any leave for the period they worked or not? If yes, then what is the procedure?
From India
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In this regard, we have some doubts about:
1. Whether the contract laborers hired through the third party, i.e., certified/authorized labor contractor/manpower supplier procured through GEM (Govt. E-Market tendering process) will be paid for national holidays/state holidays or not, as we are not engaging them on any holidays.
2. Whether the contract laborers hired through a third party, i.e., licensed labor contractor/manpower supplier procured through GEM (Govt. E-Market tendering process) and engaged in work, exclusive of holidays and Sundays only. In this case, will they be given any leave for the period they worked or not? If yes, then what is the procedure?
From India
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Reply to question no. 1:
The basic method is "no work, no pay." However, at the end of the day, contractual workers are also human beings, and the defense organization, being a strong organized sector, should pay extra remuneration for National Holidays. It would be better if some normal State holidays were paid to those workers as well. This would also help improve employee relations.
Reply to question no. 2:
Yes, they will be eligible for leave with wages. If the workers are engaged in a factory, it is as per the Factories Act, which mandates 1 day of leave for every 20 days of actual work. If they are engaged in any office premises, the leave entitlement will be as per the Shops & Establishment Act of the State.
S K Bandyopadhyay (WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
skb@usdhrs.in
USD HR Solutions – To strive towards excellence with effort and integrity
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In the corrected text, I have addressed the spelling and grammar errors, ensured proper paragraph formatting with single line breaks between paragraphs, and preserved the original meaning and tone of the message.
From India, New Delhi
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409The basic method is "no work, no pay." However, at the end of the day, contractual workers are also human beings, and the defense organization, being a strong organized sector, should pay extra remuneration for National Holidays. It would be better if some normal State holidays were paid to those workers as well. This would also help improve employee relations.
Reply to question no. 2:
Yes, they will be eligible for leave with wages. If the workers are engaged in a factory, it is as per the Factories Act, which mandates 1 day of leave for every 20 days of actual work. If they are engaged in any office premises, the leave entitlement will be as per the Shops & Establishment Act of the State.
S K Bandyopadhyay (WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
skb@usdhrs.in
USD HR Solutions – To strive towards excellence with effort and integrity
---
In the corrected text, I have addressed the spelling and grammar errors, ensured proper paragraph formatting with single line breaks between paragraphs, and preserved the original meaning and tone of the message.
From India, New Delhi
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When you engage workers from other entities (contractors/third parties), you become the principal employer. As a principal employer, you must ensure that these workers receive holidays according to the relevant Act, such as the State Industrial Establishments National and Festival Holidays Act. Whether the holiday should be a paid holiday or not is a separate question, but you are obligated to comply with the laws regarding holidays.
From India, Kannur
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From India, Kannur
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Dear Mr. ANONYMOUS,
It is learned from your post that YOUR'S IS THE DEFENSE PRODUCTION UNIT (under Min. of Defense). Therefore, the Centre is the appropriate authority for issuing a Labor License for your unit. Your hiring contract laborers (650 which include i.e., Unskilled, Semi-Skilled, Skilled & High Skilled) through various supply orders for various locations inside and outside of the factory. In fact, there is nothing called a third party existing at all. The Principal Employer is the First Party & Contractor so engaged is the Second Party.
Ans to Q1: The workmen in the role of the contractor & subcontractor are eligible for NH & FH. The workmen are required to be paid NH & FH if not engaged in work on the said date except for the intervening weekly off day. The workmen are required to be paid twice the rate of wages if engaged on the day of NH or FH. (Check the State rules for NH & FH of the unit exist) because in some states the rate is thrice the normal wages.
Ans to Q2: The workmen engaged through a contractor are eligible for weekly off days as well as leave at the end of the calendar year at 1 day leave for every 20 days working. In the beginning month i.e., January, wages disburse the leave earned by each workman. Do not facilitate leave during the calendar year, mark the day as absent.
From India, Mumbai
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It is learned from your post that YOUR'S IS THE DEFENSE PRODUCTION UNIT (under Min. of Defense). Therefore, the Centre is the appropriate authority for issuing a Labor License for your unit. Your hiring contract laborers (650 which include i.e., Unskilled, Semi-Skilled, Skilled & High Skilled) through various supply orders for various locations inside and outside of the factory. In fact, there is nothing called a third party existing at all. The Principal Employer is the First Party & Contractor so engaged is the Second Party.
Ans to Q1: The workmen in the role of the contractor & subcontractor are eligible for NH & FH. The workmen are required to be paid NH & FH if not engaged in work on the said date except for the intervening weekly off day. The workmen are required to be paid twice the rate of wages if engaged on the day of NH or FH. (Check the State rules for NH & FH of the unit exist) because in some states the rate is thrice the normal wages.
Ans to Q2: The workmen engaged through a contractor are eligible for weekly off days as well as leave at the end of the calendar year at 1 day leave for every 20 days working. In the beginning month i.e., January, wages disburse the leave earned by each workman. Do not facilitate leave during the calendar year, mark the day as absent.
From India, Mumbai
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Delhi - Minimum Wages w.e.f. 01.10.2012 (1).pdf
Minimum Wages in Maharashtra for the period January 2018 to June 2018.xls