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Basis of determining permanent strength

Last post February 11, 2009 08:33 AM by sakshi123. 1 repiles.
February 11, 2009 08:24 AM 1
Total Posts: 35
Join Date: July 14, 2008
Rank: Executive
Post Date: February 11, 2009
Posts: 35
Location: United States

Basis of determining permanent strength

Dear HR Professionals

Though it has been defined under SSO about the classification of employees in which employee is categorized as permanent, probationer, temporary, casual employee etc. I want to know by virtue of Law is there any basis of deciding / determining the permanent strength of the Industry? During the course of course of one litigation I have been asked by the Ho'ble Judge that is there any Law of deciding the permanent strength of an Industry? I know this is a question in vogue but just sharing with my colleagues. If anyone knows such Law then please give me the inputs which will be great help to me. This is really unfortunate on my part that after having 2 1/2 decade of experience I have been put into such a problem to ask such question with my colleagues. I feel necessary to share with you that in MP because of the applicability of MPIR Act 1960, all the indirect workforce are ultimate liability of principal employer. In other way they are deemed to be the employee of principal employer.

Regards,
nagarajan
February 11, 2009 08:252
sanjay04
Total Posts: 57
Join Date: July 14, 2008
Rank: Manager
Post Date: February 11, 2009
Points: 285
Location: United States

Re: Basis of determining permanent strength

I empathise with you on your current situation.

As far as I remembermy labour laws correctly, and I do hope fellow group members would agree with me, I have never come across any law stating that "for this kind of industry, the company must employ these many employees (irrespective of its capital / P&L situation)". Anywhere a company operates, the number of employees it employs depends primarily on its capital formation (if its a start-up) and on its business turnover along with the Profil & Loss bottomline.

Looking forward to more inputs from group members.

Warm Regards,

Sanjay Mewar
February 11, 2009 08:333
sakshi123
Total Posts: 18
Join Date: July 14, 2008
Rank: Executive
Post Date: February 11, 2009
Points: 90
Location: United States

Re: Basis of determining permanent strength

Refer to Employment Exchange (Compulsory notification of Vacancy) Act'63. Whatever strength you show in your ER-1 (Quarterly Return) is your permanent strength.

By the way, reference of principal employer generally reminds of CL(R&A)Act. May I mention that contractors' labour under CLRA are not your workforce.

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