Require your views - Contract Labour Act
Vishal
(Querist) 24 March 2010
This query is : Resolved
If any contractor engaging his labours through contract, who are working with him since last 4 to 5 years and which is continuation in nature. Is there any obligation for any contractor or ultimately principal employer to designate these labours as 'permanent' or to provide all the benefits as the permanent labours getting?
If any worker is continuously working with any contractor for more than 180 days, is the contractor bound to make him as 'Confirm' or 'Permanent'?
Please clear this...
Regards,
Vishal
prakash vathore
(Expert) 24 March 2010
the labours are working with contractor, but the contractor is not directly providing any job or work to the labours, and more particularly contractor is providing labours to other companies on contract basis means for the time being, and therfore in my opinion contractor is not bound to make them confirm or parmanent.
Murali Krishna
(Expert) 24 March 2010
A five member Bench of Supreme Court in SAIL case has given a land mark judgement on Contract Labour (R&A) Act. Your query also covered in the judgement. Go through the judgement.
Manish Singh
(Expert) 24 March 2010
in private jobs you have got no obligation to make any employee permanent or so. all those employees shall be treatd as employees of the contractor but without any obligation to make them permanent or so. still you can name them permanent without imposing any legal obligation upon you.
engage them on contractual basis.