Dear Sir,
In a small construction site, a contractor is having a hired bus with driver for transporting of workers and other staff from labour hut to working premises, should he include the driver of the bus in the muster roll of workers?
Regards,
Sandeep Rai
From India, Bangalore
1In a small construction site, a contractor is having a hired bus with driver for transporting of workers and other staff from labour hut to working premises, should he include the driver of the bus in the muster roll of workers?
Regards,
Sandeep Rai
From India, Bangalore
Dear Sir,
Please reply as the bus driver is full time engaged with the services of the contractor. Also, watch and ward (security personnel) should be included in Muster roll or not?
Regards,
Sandeep Rai
From India, Bangalore
Please reply as the bus driver is full time engaged with the services of the contractor. Also, watch and ward (security personnel) should be included in Muster roll or not?
Regards,
Sandeep Rai
From India, Bangalore
If the payment for the service is made to the transporter on the basis of the services undertaken, then there is no need to include the driver or other crews in the muster rolls of the construction company as it is a contract for service. At the same time, if the arrangement is like filling fuel, meeting the repairs and servicing and paying the wages of the driver/ crew, then the provisions of the Contract labour (Regulations and Abolition) Act will apply and you will have to keep a register of the driver/ crew engaged.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
I am in total agreement with the expressed by Madhu that the above transportation arrangement is a contract for service since the questioner has clearly stated that the bus is hired with the driver. It is a normal practice in the transport business that the charges paid to the transport operator to be calculated on the basis of the no of hours the vehicle kept for use and distance per kilometer + driver's batta and wages or the no of hours the vehicle is kept for use + driver's proportinate batta and wages. In the second case, the fuel cost is entirely borne by the hirer on actual basis.
From India, Salem
From India, Salem
Keshav,
In the present case it is the service that the company is buying and it is not like the driver alone is doing it for the company and the company is paying for the work done by the employee (driver). That is why I have also written that if the arrangement was to hire a bus and fill the fuel and pay the crew their wages, there would have been an employee employer relationship and CLRA would have been applicable. Here it is like we hire a taxi or rikshaw and pay for the service. We are actually buying their service (since the product they sell is not tangible, we refer it as service), and the relationship we have with the service providers, the travel agency, is just like a buyer and seller.
Madhu.T.K
From India, Kannur
In the present case it is the service that the company is buying and it is not like the driver alone is doing it for the company and the company is paying for the work done by the employee (driver). That is why I have also written that if the arrangement was to hire a bus and fill the fuel and pay the crew their wages, there would have been an employee employer relationship and CLRA would have been applicable. Here it is like we hire a taxi or rikshaw and pay for the service. We are actually buying their service (since the product they sell is not tangible, we refer it as service), and the relationship we have with the service providers, the travel agency, is just like a buyer and seller.
Madhu.T.K
From India, Kannur
Dear Sir,
One more question which I already have mentioned about: whether security personnel (if hired through another agency) will be covered under CLRA, as I have read in one state amendment from Andhra Pradesh where they have mentioned that watch and ward services are not "core activity of the establishment".
Regards,
Sandeep
From India, Bangalore
One more question which I already have mentioned about: whether security personnel (if hired through another agency) will be covered under CLRA, as I have read in one state amendment from Andhra Pradesh where they have mentioned that watch and ward services are not "core activity of the establishment".
Regards,
Sandeep
From India, Bangalore
Watch and ward is not core activity but it does not mean that it is outside the ambit of CLRA. CLRA states that only those activities which are not directly connected to the core activities of the company can be outsourced. Under the security agreement some guards are deployed and we pay for their service and therefore, they will come under the purview of CLRA and we have to ensure that they get salary in time and their statutory contributions are paid in time.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
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Notification No G.S.R. 1128(E) Contract Labour (Regulation and Abolition) Central Amendment .pdf
LABOUR CONTRACT AGREEMENT.doc
Contract Labour Act.zip