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BOPPUDI VENU
1

Dear all
Our Organization lone labor Contractor was died due to sudden ill health recently, what procedure to be adopted to intimate the labor officer of the are concerned? should i fill Form VI B enough ?that is used normally for work completion certificate or is there any other procedure to be followed as we need to issue Form V to someone to appoint as new contractor in place of previous contractor for the labor strength of approximately 70 contract labor working under him for Gardening,cleaning loading and unloading purpose.
Hope your early response definitely useful for us to act upon it.
with regards

From India, Bangalore
saswatabanerjee
2392

You need to issue a legal notice to the company or the heirs of the contractor terminating the contract with whatever reasons are correct under your agree,net with the contractor (I assume you have an agreement). Once the legal formalities of the termination of the contract is over, you can file a form VI B.

In the mean while, you need to find another contractor to take over the contract.

The way you are approaching it is going to be a problem.

If you just replace the contractor and keep all the employees, it is going to be clear that the contract is a sham designed solely to deny fair wages, benefits and statutory dues to the contract workers. That can e a ground for a y case a worker decides to file later

What you need to do is to appoint another contractor immediately (with all legal formalities that is required) and let him get workers as he pleases. If he decides to keep all of the existing workers or some of them, that would be his choice. If you are dictating that he take over the work force and become the contractor in place of the previous one, it will be clear that the contract workers are actually your own workers placed on someone else payroll to avoid liability

From India, Mumbai
Anonymous
139

The nakedness of unethical practices at times shock me.. but I guess most of it is far more real than I wanted to believe!
From India, Mumbai
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