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Leave for contractual workers in central govt. office
08-Nov-2023 (In Labour & Service Law)
Sir/mam, we are working in the central govt office under contract of a company(for both shops n establishment and factories act), please guide us on the leaves applicable to contract labor and any order in that regards. Thanks and Regards
All workmen/employees engaged through any contractor are worker/workmen/employee under relevant provisions of labour legislation. They are governed by same rules as are applicable to other workers/workmen/employees in respective law.
For example a worker in Factories act includes contract worker as well and they are eligible for one day paid leave for 20 days worked, They also must have completed 240 days or 2/3 rd of the working days.
Similarly the provisions in shops and Establishments act are applicable in such establishments where contract employees are engaged
Similarly National and Festival Holidays are applicable to them as well.
If an organisation is extending more benefits, then those benefits need not be extended.
Contract workmen are eligible to all statutory benefits. The only difference between a contract workmen and regular employee is that the benefits over and above the statutory benefits extended to regular employees are not applicable to these employees.
Even this interpretation is not 100% correct as there are many employments which are banned by concerend State Govts from engaging contract workmen.
For example a worker in Factories act includes contract worker as well and they are eligible for one day paid leave for 20 days worked, They also must have completed 240 days or 2/3 rd of the working days.
Similarly the provisions in shops and Establishments act are applicable in such establishments where contract employees are engaged
Similarly National and Festival Holidays are applicable to them as well.
If an organisation is extending more benefits, then those benefits need not be extended.
Contract workmen are eligible to all statutory benefits. The only difference between a contract workmen and regular employee is that the benefits over and above the statutory benefits extended to regular employees are not applicable to these employees.
Even this interpretation is not 100% correct as there are many employments which are banned by concerend State Govts from engaging contract workmen.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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