Contract labour...eligible to paid holiday?
prashant1314
(Querist) 27 October 2011
This query is : Resolved
Dear Experts,
I am working in manufacturing company in pune as contract worker through registered contractor due to diwali factory will be closed for around 05 days so the Staff & Permanent Workers of the company would be getting salary for this period as the same days are included in Annual Holiday Calendar of the factory?
So am I too eligible for paid salary fot these days?
Sankaranarayanan
(Expert) 27 October 2011
no , the answer in your question itself. you are the contract worker and your principle contractor is liable to pay you as per the agreement terms,
The agreement only between your principle contractor and the company .
So the company have no liable on that part.
ajay sethi
(Expert) 27 October 2011
B.H.E.L. Workers’ Association Haridwar & Ors., Vs. Union of India – I1985 (50) FLR 205 (SC)n this case, the petitioner-union contended in the writ petitions that out of the sixteen thousand odd workers working within the premises of the respondent undertaking, as many as one thousand workers were put in the category of ’contract labour’ and were put at the mercy of contractors. Besides, although they did the same work as the regular workers directly employed by the undertaking under the same conditions of service, their wages bore no comparison with those paid to the regular workers. It was further alleged that the management paid to the contractors and in turn the contractors paid the labourers their salary after deducting a large commission out of it. The Hon’ble Court ruled that no particular distinction should be made only on the basis of contract labour. Contract labourers are entitled to the same wages, holidays, hours of work, and conditions of service as are applicable to workmen directly employed by the Principal Employer of the establishment on the same or similar conditions of work. They are entitled to recover their wages and their conditions of service in manner akin to the workers employed by the Principal Employer under the appropriate Industrial and Labour Laws.
H. S. Thukral
(Expert) 27 October 2011
In some cases the workers are employed as contract worker on permanent jobs and where similar jobs are already done by another group of workers employed directly by the employer. In such cases the principal of equal pay for equal work may come in to play but where the contract workers are employed for a fixed tenure i.e. on a project or on a temporary job, they will not be entitled to benefits enjoyed by permanent workmen.
Shailesh Kumar Shah
(Expert) 27 October 2011
I agree with on detailed views of Shri Ajay Sethi and Shri Harbhajan Singh Thukral.
prabhakar singh
(Expert) 27 October 2011
I too agree with opinion expressed by Mr.Sethi and also with input given by Mr.Thukral.
K.S.Srinivas
(Expert) 28 October 2011
I too agree with the views of Sri Ajay Sethi and Sri Harbhajan Singh Thukral.
A.R.KUPPUSAMI
(Expert) 29 October 2011
Contract employees are no way connected with the principal employer.They can get the benefit from their own employer/contractor.In some cases the workers are employed as contract worker on permanent jobs and where similar jobs are already done by another group of workers employed directly by the employer. In such cases the principal of equal pay for equal work may come in to play but where the contract workers are employed for a fixed tenure i.e. on a project or on a temporary job, they will not be entitled to benefits enjoyed by permanent workmen.
AA RAMAKRISHNAN
(Expert) 03 November 2011
Contract workers are not employed in the manufacturing activities directly involved in the manufacturing process and if employed they are not legally working in the manufacturing process. I think you can understand the difference. Hence there is no question of equal pay.
