Navya Poojitha
in Labour Law Contracts Law
Asked September 02, 2017

Independent Contractor

  • 1 Answer
  • 338 Views

Can a part -time labourer be called as independent contractor?

Answer 1

There is a difference between a part-time labourer and an independent contractor so the two terms cannot be used interchangeably. A temporary worker may be understood as one who is engaged for a limited time period and/or for a specific purpose. Under the Industrial Disputes Act, 1947, the definition of "workman" does not exclude temporary workers and they are entitled to the same benefits as full-time workers and are subject to the same provisions of the act in relation to termination provisions. The employment of agency workers through third party contractors is governed by the Contract Labour (Regulation and Abolition) Act, 1970. Agency workers are not treated as the employees of the establishment.

However, if it is found that a full-time employee is misrepresented as an independent contractor by falsification of an agency for this purpose, all the statutory benefits usually received by the establishment's employees will be extended to the agency workers.

 

Sources:

Agree Comment 0 Agrees about 4 years ago

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