Respected All
I need some expertise comments with notes and references if possible. I am working with a company which oursource manpower to telecom towers in West Bengal. (One tower is faraway from another one ) on each and every tower there are man- power engaged in name of Security (normally two persons for each Tower)
As tower is a sensitive issue for network we can't afford any outage in network . even for a single minutes.
Now my query as follows:-
1) These employee will be treated in which Act (shop and establishment act / Factory Act / other act as towers are scattered)
2) One of our Principle employer says we can't give you form -5 as there are not 5 or more persons in single premises working for them .Please clear.
3)These security persons are very much adament and never do their duty as towers are nearby their home / village. we are staying at office and it is very much impossible for us to appoint one supervisors for every guard and one supervisor can't visit each towers daily.
How to handle the situation.
3) Security are neither aware about getting their ESIC card updated and they always claim they are not getting facility of ESIC without any proof and never gives us Family Photo or details What to do in this regards.
Please advise . (I would ask for a favour that please mention reference if possible ) Regards
From India, Calcutta
Dear , In my considered view neither Factories Act nor Shop & Establishment Act applies. However, please check whether WB Government has issued any notification under Shop & Establishment including Tower as Establishment under the Act. One of your principal employer is refusing to issue Form V, even though they are availing your manpower. Since more than 20 labourers are deployed within the jurisdiction of a Labour Officer, action can lie against you for being a contractor without valid license, the consequences could be disastrous to both, you and PE. A possible solution for evading duty could be to post them away from their village, surprise visits every now and then, drastic action if found absent from work place, some technological solution to verify presence at the spot like asking for MMS clip at regular intervals etc. As regards ESI issue, please issue formal letters to the erring staff so as to generate record on the defaulters.
Regards
KK
From India, Bhopal
199Regards
KK
From India, Bhopal
Dear Mr. K K Nair
I really appreciate for your reply posted to reply me . As per one of my friend this scattered type of telecom towers will fall just under contract Labour Act neither the Factory Act Nor the Shop and establishment Act..
Sir I am quoting your few lines here as follows :-
One of your principal employer is refusing to issue Form V, even though they are availing your manpower. Since more than 20 labourers are deployed within the jurisdiction of a Labour Officer, action can lie against you for being a contractor without valid license, the consequences could be disastrous to both, you and PE
Now my question is they are avoiding my mails and not providing me form V,
Now they are warning me verbally that the contact will be awarded to someone else.
What type of disastrous consequences can be for me and PE .
Please answer and obeliged.
Regards
Dear I would like to know the
From India, Calcutta
I really appreciate for your reply posted to reply me . As per one of my friend this scattered type of telecom towers will fall just under contract Labour Act neither the Factory Act Nor the Shop and establishment Act..
Sir I am quoting your few lines here as follows :-
One of your principal employer is refusing to issue Form V, even though they are availing your manpower. Since more than 20 labourers are deployed within the jurisdiction of a Labour Officer, action can lie against you for being a contractor without valid license, the consequences could be disastrous to both, you and PE
Now my question is they are avoiding my mails and not providing me form V,
Now they are warning me verbally that the contact will be awarded to someone else.
What type of disastrous consequences can be for me and PE .
Please answer and obeliged.
Regards
Dear I would like to know the
From India, Calcutta
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