Advice on - Industrial Disputes Act of 1947

Dear Friend

Some one can please help…on Industrial Disputes Act of 1947

On completion of 240 Days of continuous employment under temporary employment, a person can claim for permanent employment.

In the case of any contract can a person claim any right of permanent employment

1. If the contractual period is 240 days or more?

2. If yes, what is alternative?

3. If no, what should the clause of the contract refraining the claim as said above?

Is it safe to have a 11 months contract with employees ? Or suggestion is required for alternative procedure. (Contract between employer and employee)

If no, what days of work (tenure) should be maintained?

Is there any compulsion to have percentage/no of employees on regular employment in an org.? Or all can be on contract ?

Waiting Of Your Fruitful Reply.

Siddhesh

There is no right under ID Act or any other labour laws to claim permanency if the workers works for 240 or more days, only he is entitled for retrenchment compensation.
contract worker cannot claim for permanency even he works for 10 years unless it is a sham contract. Even in that case only court will examine the case and can order for absorption.

T.Mahendar Reddy

Thank you sir.

Following are my comments:-

Contract Labour Entitled to Regular Service

When a principal employer engages contract labour for work of perennial nature then the worker will become employee of the principal employer if he (the worker) has worked for 240 days.

No Automatic Obligation to Absorb all Contract Labour

As per the Supreme Court Judgement in the Air India case there is no automatic obligation on the principal employer to absorb all the contract labour working on its behalf in the event of the Government prohibiting the type of contract labour engaged by it. However, the benefit will not be available to the employers making sham agreements with the labour contractors or when the contract labourer is employed in discharged of the statutory duties of the employer.

Thanks & regards
R K Niar

For determination of "PERMANECY" one has to consider provisions under "Model Standing Orders" applicable to your state for Badali/casual/temporary/probationer nature of employment. 2)Also consider FIXED TERMED EMPLOYMENT.3)a few days break wont help. Read S.25B carefully.4)Regularisation & Permanency are DIFFERENT concepts.BE serious, dont land in troubles.