Saurabh (Sr Consultant) 19 April 2016

Leaves for a labor directly in contract with a company

Dear Experts,

I have a query. Say, a person is working for a firm with which he has a direct contract with for 12 months.

Now, he has requested the firm to provide him with paid leaves equivalent to what an employee gets in that firm.

Is that possible for the firm to agree to the same? Can a clause be added to the contract for the no of leaves during the contract period? Which law governs this type of labor with direct contract with the employer?

Kindly help me in this regards.

Regards,

Saurabh.

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9 Replies

JustAdvisor (IT) 19 April 2016

any legally valid clause can be inserted with consent of both parties. contract will have to be studied in detail with status of parties to understand if labour laws are applicable but in any case Contract Act is certainly applicable.

Saurabh (Sr Consultant) 19 April 2016

Thanks a lot Jayesh. What detail would you need to understand if labour law will be applicable?

Regards,

Saurabh.

Kumar Doab (FIN) 19 April 2016

Engage an able counsel/law firm specializing in labor laws and entrust the matter.

JustAdvisor (IT) 20 April 2016

Saurabh,

Found this article-

https://ficci.in/spdocument/20189/Industrial-Relations-and-Contract-Labour-in-India.pdf

This however largely covers cases where the employee is on rolls of a third party contractor but also covers some cases of short term contracts. Go through it if you have an appetite for reading :)

Saurabh (Sr Consultant) 20 April 2016

Thanks a lot Jayesh. I will go through this. :)

Saurabh (Sr Consultant) 11 May 2016

Ok the process which was followed finally was to have a mutually agreeable clause added for leaves in an year.

Kumar Doab (FIN) 11 May 2016

The enactments applicable to establishment, employee shall prevail upon any private agreement drafted by employer and signed with employee.

The violation of enactments shall invite penalty and punishment.

adv.bharat @ PUNE (Lawyer) 11 May 2016

1) It depends up on the TOR for their appointment.

2) If it is specifically mentioned that in their contract agreement that they have to follow that rule.

The rules mentioned were applicable to that organization. But employer may draft their own rules as per their requirement.

Thanks

Kumar Doab (FIN) 11 May 2016

You have not mentioned what is this establishment; Commercial, Industrial?

Accrodingly look into; State Shops & Estbs Act, State Shops & Estbs Rules

or Factory Act

There leave rules etc everything is described.

FTC/Contractual employee shall get leave as per enactments that apply to establishment and employee.

It is reiterated that: 'The enactments applicable to establishment, employee shall prevail upon any private agreement drafted by employer and signed with employee.The violation of enactments shall invite penalty and punishment. '

You can approach Inpspector appointed under the Act.