In another landmark Supreme Court decision by the Steel Authority of India Ltd. and Ors. v. National Union Water Front Workers and Ors. [8] It was found that if temporary agency work is employed in a branch and temporary employment is prohibited, either because the labour judge/tribunal has ordered the abolition of temporary agency work or because the competent government has issued an opinion under the CLRA, there would be no automatic assumption of responsibility for contract work in the institution. The rights of contract workers in India are governed by the Act of the Contract Labour (Regulation and Abolition) Act 1970 (“CLA”). The premise of the CLA is to ensure that temporary agency work receives all the benefits and guarantees enjoyed by regular workers under Indian law. In December 2020, thousands of contract workers hired by subcontractors of Taipei-based Wistron Infocomm Manufacturing (India), which makes iPhones for Apple, protested against non-payment of wages and overtime pay. [5] It was reported that the company had approximately 15,000 employees, 1,400 of whom were in their positions, the rest being contract work negotiated through recruitment agencies. [6] 1.
Each principal employer and contractor shall keep these records and records containing the details of the temporary agency work used, the nature of the work performed by the temporary agency work, the rates of pay paid to the temporary agency work and any other information in the prescribed form. 2. Each principal employer and contractor shall keep notices in the prescribed form on the premises of the establishment where the temporary worker is employed, indicating the working time, the nature of the obligation and any other prescribed information in the prescribed manner. [5]indianexpress.com/article/opinion/columns/labour-laws-india-apple-plant-wistron-violence-7117353/ The CLRA has been consolidated by the 2020 Code of Health, Safety and Working Conditions at Work (OSH Code), which has entered into force but has not yet entered into force. The OSH Code introduced some new definitions and revised some existing provisions on the employment of temporary agency workers. Food and other items served in the canteen must conform to normal temporary work practices. The risk of misclassification is also lower if temporary agency workers do not work exclusively for the main employer. 1.
An application for a licence submitted by a contractor shall be sent in triplicate in accordance with Form IV to the licensing officer of the area in which the establishment of which he is the contractor is situated. 2. An application for a licence shall be accompanied by a certificate from the principal employer on Form V attesting that the applicant has been employed by the applicant as a contractor. He undertakes to bind himself to all the provisions of the law and the regulations resulting therefrom, insofar as the provisions apply to him as the main employer with regard to the employment of temporary work by the applicant. 3. Any such request shall be addressed either in person to the authorising officer or by registered mail. 4. Upon receipt of the application referred to in clause (1), the granting officer, after noting the date of receipt of the application, shall issue a certificate to the applicant. 5. Each application referred to in sub-rule (1) shall also be accompanied by a cash receipt indicating: (i) the lodging of the security at the rates referred to in Rule 24 and (ii) the payment of the fees at the rates referred to in Rule 26. 22. Top FORM XXV [See Rule 82(2)]Annual Declaration of the Principal Employer to be sent in the year of the Registry Administrator ending December 31 on December 11.
Full name and address of the primary employer. 2. Name of establishment:a) District b) Postal address(c) Type of activity/industry/work performed. 3. Full name of the administrator or person responsible for the supervision and control of the operation. 4. Number of contractors who worked at the facility during the year (see Appendix for details). 5. Type of work/operations in which temporary agency work was used. 6. Total number of days in the year in which the temporary agency work was employed. 7.
Total number of working days worked by temporary agency workers during the year. 8. Maximum number of directly employed workers on any day of the year. 9. Total number of days in the year in which direct workers were employed. 10. Total number of working days worked by directly employed workers. 11. Where applicable, a change in the management of the establishment, its location or any other information communicated to the registry administrator in the application for registration, indicating the data. Employer`s main place.
Date. ANNEX TO FORM 1. (i) At the end of the licence term, the contractor may, if he does not intend to renew his certificate, request the authorising officer to reimburse the security he has lodged in accordance with Rule 24. (ii) If the licensing agent is satisfied that there is no breach of the terms of the licence or that there is no order under § 14 forfeiture of the guarantee or part thereof, he shall send a refund of the guarantee to the applicant. 2. In the case of an order ordering the forfeiture of part of the security, the amount to be retained shall be deducted from the security and the balance, if any, shall be reimbursed to the applicant. 3. Any application for reimbursement shall be submitted, as far as possible, within 60 days of receipt of the application. § 12: If the contract worker is an intergovernmental migrant, it is the duty of the entrepreneur to prepare a savings account and to dismiss the employee after the end of the contract. In the landmark judgment of the Supreme Court of India (SC) in The Standard-vacuum Refining Co. of India Ltd.c. The main issue raised before the SC[7] was whether the work performed by the temporary employment agency was multi-year in nature and whether that work could have been performed by the employer`s regular workers.
The SC considered that the work performed by the employee was ancillary to the manufacturing process and necessary and consistent, which had to be carried out every day. In addition, this work was usually performed by workers of the employer`s regular employees, and there should be no difficulty in having regular workers for this work. However, the SC also concluded that the contract was in good faith in the present case and that, therefore, the court did not order the company to return to temporary work. The decline in the IDA bite is not due to a de jure change in Indian labor law, but to a workaround due to the rapid development of the employment contract industry in India since the early 2000s. The IDA only applies to full-time employees of a company. Employees who are placed through third-party intermediaries are not employees of the company within the meaning of the law. Temporary workers are considered employees of personnel companies, and personnel service providers themselves must join IDA. This loophole gives client companies the flexibility to send contract workers back to the staffing company without violating IDA. .
