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SOME IMORTANT QUESTIONS RELATED TO CONTRACT LABOUR

1. What are the differences between contract labour and outsourcing? Which is better option and why? 2. Is Contract labour Act applicable when jobs and services are outsourced? 3. What are the non perennial and non per!anent jobs which can be assigned to contract labour? ". Can we have per!anent e!ployees and contract labour wor#ing side by side on the sa!e job? $. What is the best ratio between per!anent and contact labour? Can we engage 1%%& contract labour? '. Can we have different wages and other ter!s for per!anent e!ployees and contract labour doing the sa!e or si!ilar job? (. Can we transfer casuals)te!poraries on the rolls of contractor? *. Application and i!plication of +.,.- ./I- 0onus- 1ratuity and other statutory benefits to contract labour- casuals etc. and how to ensure co!pliance? 2. 3ow to ensure sub!ission of +, and ./I returns by the contractor? 1%. 3ow to get a new +, code nu!ber fro! +, authorities? 11. /ecurity- 3ouse#eeping- 4rivers- Canteen- 3orticulture etc. on contract)voucher pay!ent. /ustainability? Is there any Case laws? 12. 5iability of principal e!ployer for injury- illness- disability- death etc. 13. Can and should the e!ployer have a say in the nu!ber and selection of contract labour? 1". Who is to ta#e disciplinary action against contract labour? 6nder what rules? Are standing orders applicable to contract labour? 1$. Is it necessary and desirable to issue e!ploy!ent card)gate pass)identity card to contract labour? If so under whose authority)signature? /afeguards? 1'. .ach contractor engaging less than 2% but together they engage !ore than 2%. Will the provisions of registration- licensing and other statutory provisions apply? 1(. /tatutory re7uire!ents and precautions in awarding contract for safeguarding !anage!ents interests.

1*. If 5icense not renewed but contractor continues to wor# 8 legal i!plications including per!anency? 12. Contractor changing but contract labour not changing 8 i!plicationsprecautions re7uired? 2%. Contract ter!inated due to unsatisfactory perfor!ance of the contractorcontractor leaves 8 can contract labour clai! per!anency? What should e!ployer do? 21. Contract labour ter!inated through a settle!ent. /hould principal e!ployer be a party? 22. When contractor runs away leaving his wor#force and supervisor- how to !anage wor# and labour and who is to handle pending conciliation reference? 23. What to do if the contractor refuses to pay the labour? 2". What are the action re7uired to be ta#en by the !anage!ent after abolition of contract labour? 2$. Can !anage!ent challenge the decision of appropriate 1ovt. regarding abolition of jobs? 2'. /hould contractor and contract labour be rotated? Why? 3ow often? 2(. 3ow to reduce nu!ber of contract labour? 2*. Contract labour de!anding per!anency 8 3ow to handle? 22. Contract labour de!anding si!ilar benefits as per!anent e!ployees. Is the clai! legally valid? 3%. Is +ension /che!e also applicable to contract labour? 31. Is 9ini!u! Wages Act applicable to contract labour? 32. What is the liability of +rincipal .!ployer in the case of sub contracting? 33. What are the i!plications of /upre!e Court :udg!ent in the /AI5 case reversing earlier Air India :udg!ent? 3". I!plications and liabilities of te!porary)casual)probationer e!ployees)trainees? Is there any !a;i!u! duration? 3$. What is the relevance of 1*%)2"% days < what are the I!plication of brea#s?

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