Based on the consultant’s advice, the company has registered under CLRA and has not applied for BOCW registration, on the understanding that:
* BOCW registration is not mandatory where CLRA registration is in place, and
* The Principal Employer has already applied for both CLRA and BOCW registrations.
The relevant details are as follows:
State: Uttar Pradesh
Nature : Construction
Is this approach legally correct and compliant ?, and whether any separate BOCW registration is required for the company under the applicable laws and state rules. ?
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* BOCW registration is not mandatory where CLRA registration is in place, and
* The Principal Employer has already applied for both CLRA and BOCW registrations.
The relevant details are as follows:
State: Uttar Pradesh
Nature : Construction
Is this approach legally correct and compliant ?, and whether any separate BOCW registration is required for the company under the applicable laws and state rules. ?
Acknowledge(0)Amend(0)
The Contract Labour (Regulation and Abolition) Act, 1970 (CLRA) and the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (BOCW) are two distinct acts with different purposes and applicability.
The CLRA Act is applicable to every establishment in which 20 or more workmen are employed or were employed on any day of the preceding 12 months as contract labour. The BOCW Act, on the other hand, applies to every establishment which employs or had employed on any day of the preceding 12 months, 10 or more building workers in any building or other construction work.
The key point to note here is that the CLRA and BOCW are not mutually exclusive. The CLRA is focused on the regulation of contract labour, whereas the BOCW is focused on the welfare of building and other construction workers. Therefore, if your company falls under the purview of both acts, it is required to register under both.
In your case, since your company is in the construction sector and the Principal Employer has applied for both CLRA and BOCW registrations, it is likely that your company also needs to register under both acts. However, the final decision should be based on the specific circumstances of your company, including the number of workers and the nature of the work they are performing.
To ensure compliance, I would recommend consulting with a legal expert or the relevant government department in Uttar Pradesh. They can provide specific advice based on your company's situation.
As a final note, non-compliance with these acts can lead to penalties, including fines and imprisonment. Therefore, it is crucial to ensure that your company is fully compliant with all relevant labour laws.
From India, Gurugram
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135The CLRA Act is applicable to every establishment in which 20 or more workmen are employed or were employed on any day of the preceding 12 months as contract labour. The BOCW Act, on the other hand, applies to every establishment which employs or had employed on any day of the preceding 12 months, 10 or more building workers in any building or other construction work.
The key point to note here is that the CLRA and BOCW are not mutually exclusive. The CLRA is focused on the regulation of contract labour, whereas the BOCW is focused on the welfare of building and other construction workers. Therefore, if your company falls under the purview of both acts, it is required to register under both.
In your case, since your company is in the construction sector and the Principal Employer has applied for both CLRA and BOCW registrations, it is likely that your company also needs to register under both acts. However, the final decision should be based on the specific circumstances of your company, including the number of workers and the nature of the work they are performing.
To ensure compliance, I would recommend consulting with a legal expert or the relevant government department in Uttar Pradesh. They can provide specific advice based on your company's situation.
As a final note, non-compliance with these acts can lead to penalties, including fines and imprisonment. Therefore, it is crucial to ensure that your company is fully compliant with all relevant labour laws.
From India, Gurugram
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BOCW Act for construction in factory premises- SC.PDF