Third Party Contractual Employees Third Party Contractual Employees

1 month ago

We have been working continuously for 10 years as a third party contractual worker in an organization under WB state government. But we don't get all the orders related to state government cobtractual salary increment or other benefits. Management says these orders are not for us. Our future is uncertain! What to do in this situation?

Anik

Responded 1 month ago

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A.Dear Client,

The Finance Department, Audit Branch, Government of West Bengal, has issued new service conditions for contract, casual, and daily-rated workers through office order No. 3998-F(P2) dated 15/07/2019. These conditions aim to ensure the effective use of public funds, facilitate workers' redeployment during restructuring or organizational winding up, and establish guidelines for engagement. Key points include:

1. Workers can remain engaged in the same capacity until the age of 60, provided they have served continuously for ten years with a minimum of 240-day attendance from both current and previous organizations.

2. Workers are entitled to new rates of remuneration, medical and leave facilities, enhanced remuneration, and a terminal benefit of Rs. 3 lakhs on their 60th birthday based on their length of service.

3. Workers have the option to opt out, while misconduct can lead to termination of engagement.

If the management or third-party employer refuses to implement the state government's order, it is recommended that all contractual workers collectively and jointly file a complaint against the third-party contractor with the State Labour Commissioner. This step is crucial for seeking redressal of grievances and ensuring adherence to the new service conditions outlined by the government.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
New service conditions for contract, casual, and daily-rated workers in West Bengal have been announced by the Finance Deptt, Audit Branch, Govt. of West Bengal vide office order No. 3998-F(P2) dated 15/07/2019 extending and ensuring effective use of public funds and enabling workers’ redeployment during restructuring or organization winding up including (1) To remain engaged in the same capacity until 60 years old, workers need to have served for ten years continuously with at least 240-day attendance combined from current and previous organizations. (2) They will receive new rates of remuneration, medical, and leave facilities, as well as enhanced remuneration and a terminal benefit of Rs. 3 lakhs on their 60th birthday based on their length of service. (3) There is an option for workers to opt out while misconduct can lead to termination of engagement. So, if the management/third-party employer refuses to implement the said order of the State Govt., then you all contractual workers collectively and jointly should make a complaint against the third-party contractor to the State Labour Labour Commissioner for redressal of your grievance.

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