praveen.vahinipati (n/a) 25 August 2009

Contractual Labour

Dear All

I would like to introduce my self. Iam Praveen Vahinipati working as HR Officer in Transport corporation of india ltd. Iam having one critical problem can any body plz help me. its very urgent.

We are haveing Transportation contract with Company XYZ for that we engage some labors for loading & unloading of materials. Now the problem is that Company XYZ wants that those labors should be our (TCI) employee. There all statutory requirements should be fullfill by us.

My question is that can we engage those labors on contractual basis?

If yes, then Is there any problem arises at the time of their termination ?

what are the different conditions when labor can ask us to make him permanent employee of TCI ?

How can we defence ourself from all those problems ?

plz help me as early as possible. its very very urgent

Regards Praveen

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2 Replies

R.R. KRISHNAA (Legal Manager) 25 August 2009

Dear praveen,

Those labourers are employed only by the contractor (XYZ). Then how can you make those labourers your employees. The labourers also don't have any right to claim to be employees of your organisation unless you wish to make them your employees. It is only the contractor who employs the labourers generally. Hence you need not worry this issue. But it also depends on what kind of contract you have entered into with XYZ. If there is any clause that you have agreed to provide employment or if you have committed anywhere to provide employment to any labourers then you are certainly bound to provide employment.