labour law
rahul pandey
(Querist) 14 September 2009
This query is : Resolved
can permanent employees be replaced by contract labours?riven
A V Vishal
(Expert) 14 September 2009
No, but please state your query clearly with the facts.riven
charudureja
(Expert) 14 September 2009
No a permanent employee cannot unless there is grave misconduct on his part and notice be given to him cant be replacedriven
Raj Kumar Makkad
(Expert) 14 September 2009
Replaced word is incomplete. Whether the permanent employee is to be releived from job and another contractual employee is to be appointed or they are to be transferred on the place of each other? Anyway, in general these two type of employees have no direct connection. First of all relieve your permanent employee as per terms and conditions and when seat becomes vacant, employ another as per fresh terms and condtions. Why do you club these two situations at one time?riven
Guest
(Expert) 14 September 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING PERMANENT EMPLOYEE REPLACED WITH CONTRACT LABOUR KINDLY NOTE THAT
1.EMPLOYMENT IS A CONTRACT BETWEEN EMPLOYER AND EMPLOYEE.ON SUCCESSFUL COMPLETION OF TRAINING THE EMPLOYEES ARE MADE PERMANENT AS PER TERMS AND CONDITIONS OF OFFER LETTER.ALL PERMANENT EMPLOYEES ARE ENTITLED FOR BENEFITS OF PROVIDENT FUND, E.S.I., GRATUITY ,PENSION ETC AS PER THE TERMS OF EMPLOYMENT.
2.BUT IN CASE OF CONTRACT LABOUR ,IT IS A CONTRACT BETWEEN EMPLOYER AND CONTRACTOR.ALL CONTRACT LABOUR ARE EMPLOYEES OF CONTRACTOR HE IS RESPONSIBLE FOR ALL PAYMENTS TO HIS CONTRACT LABOUR.THE EMPLOYER ENGAGING SERVICES OF CONTRACTOR MAKE THE PAYMENT TO THE CONTRACTOR AS PER TERMS AND CONDITIONS OF CONTRACT FOR CARRYING OUT ANY PARTICULAR WORK.
3.HENCE IT DEPENDS ON THE EMPLOYER AND THE CONTINUITY OF WORK.IN CASE THERE IS CONTINEOUS WORK THEN PERMANENT EMPLOYEES CAN DO THE JOB WITH MORE RESPONSIBILITY AND GIVE GOOD RESULTS AND GOOD QUALITY.
BUT IN CASE THE WORK IS FOR LIMITED PERIOD AND SEASONAL AND THERE IS NO CONTINUITY OF WORK THEN EMPLOYERS PREFER TO GIVE WORK CONTRACT TO THE CONTRACTOR.
4.KINDLY NOTE THAT PERMANENT EMPLOYEES ARE ALWAYS BETTER THAT CONTRACTORS EMPLOYEES .PERMANENT EMPLOYEES WILL BE PART OF THE COMPANY AND WILL ALWAYS WORK SINCERELY FOR THE BENEFIT OF THE COMPANY AS THE FAMILIES OF PERMANENT EMPLOYEES DEPEND ON THE EMPLOYER OF THE COMPANY.BUT CONTRACT LABOUR WILL BE ALWAYS CHANGING AND EMPLOYER SHOULD NOT DEPEND ON OUTSIDERS IN CASE THEY REALY WANT TO PROGRESS IN FUTURE.
WITH BEST REGARDS TO YOU YOUR FAMILIES AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.riven
A. A. JOSE
(Expert) 14 September 2009
Your question needs further elaboration with true facts please.riven
H. S. Thukral
(Expert) 21 September 2009
Most of the jobs such as office services, watch and ward etc which were earlier being done by permanent workmen have been out sourced to contract labour. This practice is being followed in government offices too. Legally speaking it can not be done but the employers are taking advantage of poor enforcement of law.riven
Sarvesh Kumar Sharma Advocate
(Expert) 14 September 2009
Swami Sadashiva Brahmendra Sar
(Expert) 14 September 2009
