Dear All,
We are a construction company working for a principal employer. When we started work last year, we took a contract labor license for our company and did registration of the establishment for our principal employer under the Contract Labor Act (R&A) 1970 with the Haryana Labor Department. As per the act, the contract labor license is valid for one year and needs to be renewed every year. However, there is no mention of the renewal of Registration. When we applied for the renewal of the license, they raised the following objections:
1. The Registration is not renewed.
2. The principal employer as well as the contractor has not made a contribution to the labor welfare fund (@Rs.15/- per worker per month).
To their first objection, I am of the view that registration is only a one-time process and does not need renewal. For their second objection, I am of the view that this contribution is only for companies falling under the "Factory Act," and since we are a construction company and registered under the BOCW Act also, we need not contribute to this fund.
But I may be wrong. You are all requested to come forward with your expert views on this.
From India, Delhi
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1We are a construction company working for a principal employer. When we started work last year, we took a contract labor license for our company and did registration of the establishment for our principal employer under the Contract Labor Act (R&A) 1970 with the Haryana Labor Department. As per the act, the contract labor license is valid for one year and needs to be renewed every year. However, there is no mention of the renewal of Registration. When we applied for the renewal of the license, they raised the following objections:
1. The Registration is not renewed.
2. The principal employer as well as the contractor has not made a contribution to the labor welfare fund (@Rs.15/- per worker per month).
To their first objection, I am of the view that registration is only a one-time process and does not need renewal. For their second objection, I am of the view that this contribution is only for companies falling under the "Factory Act," and since we are a construction company and registered under the BOCW Act also, we need not contribute to this fund.
But I may be wrong. You are all requested to come forward with your expert views on this.
From India, Delhi
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Dear Member,
You are right in saying that according to the Contract Labour (R&A) Act, 1970 & Haryana Rules we are not to renew the Registration Certificate but if there happens to be any change in the particulars specified in the R C then Principal Employer of the establishment shall intimate to the Registering Officer such change u/r 18(4) of the Haryana C L (R&A) Rules, 1975. Therefore, though taking of R C is one time process but we are to apply for amendment to the R O for instance if the period of Contract in R C is up to 2010 & if you apply for renewal for 2011 then the R O will ask you to produce the copy of amended R C.
Now coming to your second point relating to Punjab LWF Act, 1965 as applicable to State of Haryana it is submitted that the definition of the establishment runs as under:
‘ establishment’ means a factory and includes any premises including the precincts thereof wherein and in any part of which any industry within the meaning of clause (j) of section 2 of the Industrial Disputes Act,1947(Act 14 of 1947), is carried on and also includes a shop or a commercial establishment within the meaning of the Punjab Shops and Commercial Establishment Act, 1958 (Punjab Act 15 of 1958), in which, on any day, ten or more employees are employed or were employed during the preceding twelve months.
In my opinion your construction industry is covered under the definition of the ‘industry’ under the Industrial Disputes Act, 1947 & hence your work is also covered under the definition of the establishment under the Punjab LWF Act, 1965 which requires deduction of LWFC from the employee & deposit of this amount with the contribution of the employer with the HLWB. As you are also covered under the BOCW Act, 1966 here we also find a provision relating to membership which of course with certain conditions. For details one can go through Rule 28(section12) of Haryana BOCW (RE&CS) Rules, 2005 regarding membership of the building workers.
Opinion submitted as requested.
R.N.Khola
From India, Delhi
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You are right in saying that according to the Contract Labour (R&A) Act, 1970 & Haryana Rules we are not to renew the Registration Certificate but if there happens to be any change in the particulars specified in the R C then Principal Employer of the establishment shall intimate to the Registering Officer such change u/r 18(4) of the Haryana C L (R&A) Rules, 1975. Therefore, though taking of R C is one time process but we are to apply for amendment to the R O for instance if the period of Contract in R C is up to 2010 & if you apply for renewal for 2011 then the R O will ask you to produce the copy of amended R C.
Now coming to your second point relating to Punjab LWF Act, 1965 as applicable to State of Haryana it is submitted that the definition of the establishment runs as under:
‘ establishment’ means a factory and includes any premises including the precincts thereof wherein and in any part of which any industry within the meaning of clause (j) of section 2 of the Industrial Disputes Act,1947(Act 14 of 1947), is carried on and also includes a shop or a commercial establishment within the meaning of the Punjab Shops and Commercial Establishment Act, 1958 (Punjab Act 15 of 1958), in which, on any day, ten or more employees are employed or were employed during the preceding twelve months.
In my opinion your construction industry is covered under the definition of the ‘industry’ under the Industrial Disputes Act, 1947 & hence your work is also covered under the definition of the establishment under the Punjab LWF Act, 1965 which requires deduction of LWFC from the employee & deposit of this amount with the contribution of the employer with the HLWB. As you are also covered under the BOCW Act, 1966 here we also find a provision relating to membership which of course with certain conditions. For details one can go through Rule 28(section12) of Haryana BOCW (RE&CS) Rules, 2005 regarding membership of the building workers.
Opinion submitted as requested.
R.N.Khola
From India, Delhi
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khola ji is absoulty right .you can made the lwf contribution now.firstly submit lwf contribution & go for next step. regards om yadav 9891440111 8800905666
From India, Delhi
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From India, Delhi
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Dear Jitendar,
As advised by Mr. R.N. Khola, only the license is required to be renewed.
For any registration, there is no question of renewal that arises.
Registration of Establishment under the Contract Labour Act and Registration of the construction site under BOCW Act do not require any renewal procedure.
The objection raised by your authority is similar to the collection of some important documents shown in Kamal Hasan's Film Hindustani.
In the case of the Labour Welfare Fund, it should be paid as per the number of workmen worked during the entire year (maximum numbers on any one day of the year), and BOCWW Cess is paid as per the contract value or the total cost of work done in the year (minimum 1% and a maximum of 2% as fixed by the concerned State Government).
Furthermore, one more aspect is there in BOCW Registration, i.e., The construction workers who worked more than 4 months in a construction company have to get registered as Construction workers, and they will be issued a Construction ID Card by the concerned Authority. For registered Construction workers, the Government is providing some benefits like free treatment, Insurance cover, accidental death benefits, and other so-called facilities.
You can seek correct advice from Mr. R.N. Khola regarding the current requisites about Haryana Rules.
From India, Kumbakonam
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As advised by Mr. R.N. Khola, only the license is required to be renewed.
For any registration, there is no question of renewal that arises.
Registration of Establishment under the Contract Labour Act and Registration of the construction site under BOCW Act do not require any renewal procedure.
The objection raised by your authority is similar to the collection of some important documents shown in Kamal Hasan's Film Hindustani.
In the case of the Labour Welfare Fund, it should be paid as per the number of workmen worked during the entire year (maximum numbers on any one day of the year), and BOCWW Cess is paid as per the contract value or the total cost of work done in the year (minimum 1% and a maximum of 2% as fixed by the concerned State Government).
Furthermore, one more aspect is there in BOCW Registration, i.e., The construction workers who worked more than 4 months in a construction company have to get registered as Construction workers, and they will be issued a Construction ID Card by the concerned Authority. For registered Construction workers, the Government is providing some benefits like free treatment, Insurance cover, accidental death benefits, and other so-called facilities.
You can seek correct advice from Mr. R.N. Khola regarding the current requisites about Haryana Rules.
From India, Kumbakonam
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Thank you, Mr. Khola and Mr. Bhaskar, for your valuable advice. Unfortunately, this labor officer is not ready to listen and is adamant about renewal as, according to him, the RC mentions an "UP TO" date. As you can't argue much, I am going for renewal.
Best Regards,
Jitender
From India, Delhi
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Best Regards,
Jitender
From India, Delhi
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Can you please suggest me what are the document require in construction industry when we renew labour license.
From India, Delhi
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From India, Delhi
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Dear Abhijeet,
You can attach the following documents:
1. Labour Licence in Original
2. Application in Form VII (In Duplicate)
3. License Fee paid Challan in the appropriate Treasury
4. Work Order / Letter of Indent issued by PE for an extended period of the contract
5. Joint Undertaking for payment of Minimum Wages by PE & Contractor (Some states are asking for this Undertaking).
Thank you.
From India, Kumbakonam
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You can attach the following documents:
1. Labour Licence in Original
2. Application in Form VII (In Duplicate)
3. License Fee paid Challan in the appropriate Treasury
4. Work Order / Letter of Indent issued by PE for an extended period of the contract
5. Joint Undertaking for payment of Minimum Wages by PE & Contractor (Some states are asking for this Undertaking).
Thank you.
From India, Kumbakonam
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Dear seniors and Colleagues If any contractor is not complying with Labour License renewal after November .What should be the stand of PE. If PE extends their work after January. Regards Soubhik
From India, Kolkata
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From India, Kolkata
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Dear All, Please tell me Processor of Online Labour Licence Renewal in Haryana
From United States
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From United States
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Dear Mr. Ramesh,
I am Ramesh, currently working in a construction company as an HR professional. I am interested in obtaining registration for our establishment. Could you please provide guidance on the required documents for this process?
Your prompt assistance in this matter is greatly appreciated.
With regards,
Mr. Ramesh
9652670179
From India, Hyderabad
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I am Ramesh, currently working in a construction company as an HR professional. I am interested in obtaining registration for our establishment. Could you please provide guidance on the required documents for this process?
Your prompt assistance in this matter is greatly appreciated.
With regards,
Mr. Ramesh
9652670179
From India, Hyderabad
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