Dear All, I want to gain knowledge about Contract Labours, What are the guidelines? Statutory Compliance for Contract Labours. etc. Please Suggest
From India, Badlapur
From India, Badlapur
Dear Jeet
Please be specific
However, Some basic information is as under
Compliance
1.) PF registration
2.) Service Tax registration
3.) Labour Licence
4.) Should file monthly PF return
5.) Should file six monthly "Shram Kalyan Nidhi"
6.) Should file ESIC return and if company is in exempted area then workmen compensation policy
7.) Annual Bonus return in 'ABCD'
8.) Annual Return (Form III) of minimum wages
9.) Should follow equal remuneration
10.) If lady worker are more then 30 then maternity returns
Regards
Avinash Dubey
HR Manager
8827916003
From India, Indore
5Please be specific
However, Some basic information is as under
Compliance
1.) PF registration
2.) Service Tax registration
3.) Labour Licence
4.) Should file monthly PF return
5.) Should file six monthly "Shram Kalyan Nidhi"
6.) Should file ESIC return and if company is in exempted area then workmen compensation policy
7.) Annual Bonus return in 'ABCD'
8.) Annual Return (Form III) of minimum wages
9.) Should follow equal remuneration
10.) If lady worker are more then 30 then maternity returns
Regards
Avinash Dubey
HR Manager
8827916003
From India, Indore
Dear Sir,
Thank you for above information.
I wanted to know if a Establishment hires Contract Worker ( Approx 6-7), what will be the criteria for PF, ESIC, PF, PT.
The Establishment is liable to pay the statutory payments? Or is there any limit like if the no of employees is more than 20 then, the Establishment is liable to make the statutory payments.
Kindly Suggest.
From India, Badlapur
Thank you for above information.
I wanted to know if a Establishment hires Contract Worker ( Approx 6-7), what will be the criteria for PF, ESIC, PF, PT.
The Establishment is liable to pay the statutory payments? Or is there any limit like if the no of employees is more than 20 then, the Establishment is liable to make the statutory payments.
Kindly Suggest.
From India, Badlapur
Thanks for the valuable information. This cite HR forum helps each and everybody not only HR professionals to clear their doubts and clarifications. Regards, Suresh.S
From India, Bangalore
From India, Bangalore
Dear Jeet,
Let me assume that you are asking from the view of an Establishment. In such case-
1. If you engage 20 or more contract labours, you may have to register your establishment under Contract Labour Act. If you are working in Assam, Goa, Gujarat and West Bengal, the applicable number is 10 or more contract workers.
2. If you are engaging the contract labours through contractors and if their strength is 20 or more, then you have to include those contractors in your RC and then issue Form V (Certificate by Principal Employer) to them so that they can take labour license.
3. But kindly ensure that you have taken RC under CLRA Act before engaging the contract workmen. Similarly, ensure that the contractors also take labour license before they engage contract workmen as engaging the contract workmen without a valid RC or labour license will be treated as a sham contract and the contract workmen will be treated as your permanent workmen.
4. Ensure that the contract labours are given wages at par with your permanent employees, if they are doing the same or similar work that of permanent workmen.
5. Ensure that they are paid as per the specified Minimum Wages and as per the specified time line.
6. Ensure that the welfare facilities like Canteen, Rest Room, First Aid facilities, Latrine and Urinals are provided as per the statutory provision of Contract Labour Act, by the contractors. If engaged directly, you may have to provide the same as per the statute.
7. Ensure that the Contract labours are covered under the ambit of PF. If contractor has his own code, ensure that they remit the PF on time and submit the challan/ECR copies to you for having remitted the PF.
8. Similarly, if your establishment is covered under ESI Act, then the provision is extended to your contract labours as well. You have to follow the same procedure as that of PF.
9. In case if your contractors have not registered their company under PF/ESI, you may have to cover their contract workmen in your company's sub-code.
10. If your establishment is not covered under ESI Act, ensure that a valid Employee Compensation policy is taken for all the contract workmen.
11, Even if ESI Act is coverable, but the workmen are drawing their wage in excess of Rs. 15000/- per month, you may have to take EC policy. Alternately, if you have any suitable policy, which provides more benefits than a EC policy you may prefer the same but the same has to be intimated to the WC commissioner.
12. Ensure that necessary Abstracts and Notices under Contract Labour Act, Child Labour Act, Maternity Benefit Act, Minimum Wages Act, Payment of Wages Act, Payment of Gratuity Act, NH/FH Act, in the prominent places both in English and local languages, which can be readable by the engaged workmen.
13. Maintain the records like, Muster Roll, Wage Register, PF Challan/ECR copy and ESI Challan/CS copy of all the contract workmen in your safe custody. You may audit the contractor's document periodically to ensure that the compliance is in order.
14. If you engage women worker, kindly ensure that there is no wage disparity exists. You may have to ensure the provision under Equal Remuneration Act and Maternity Benefit Act.
15. If you engage more than 10 women worker, ensure that Internal Complaints Committee is formed under Sexual Harassment Act and follow the statutory provision of the said Act.
16. Please remember that the contract workmen are also entitled for Bonus but from their immediate employer. Similarly, Gratuity is also applicable to them. Ensure that the contractors are complying with the provision of PoB Act and PoG Act.
17. Last but not the least, if you engage more than five inter-state workmen in your organisation for contract work, you may have to register your establishment under The Inter State Migrant Workmen Act and ensure that the same is followed by your contractors also. That means they have to take license under ISMW Act for which you may have to issue Form VI (Certificate by Principal Employer).
Hope the above points would give you a brief idea for engaging the contract workmen in your organisation.
P. Vathiraj
8220013422
From India
Let me assume that you are asking from the view of an Establishment. In such case-
1. If you engage 20 or more contract labours, you may have to register your establishment under Contract Labour Act. If you are working in Assam, Goa, Gujarat and West Bengal, the applicable number is 10 or more contract workers.
2. If you are engaging the contract labours through contractors and if their strength is 20 or more, then you have to include those contractors in your RC and then issue Form V (Certificate by Principal Employer) to them so that they can take labour license.
3. But kindly ensure that you have taken RC under CLRA Act before engaging the contract workmen. Similarly, ensure that the contractors also take labour license before they engage contract workmen as engaging the contract workmen without a valid RC or labour license will be treated as a sham contract and the contract workmen will be treated as your permanent workmen.
4. Ensure that the contract labours are given wages at par with your permanent employees, if they are doing the same or similar work that of permanent workmen.
5. Ensure that they are paid as per the specified Minimum Wages and as per the specified time line.
6. Ensure that the welfare facilities like Canteen, Rest Room, First Aid facilities, Latrine and Urinals are provided as per the statutory provision of Contract Labour Act, by the contractors. If engaged directly, you may have to provide the same as per the statute.
7. Ensure that the Contract labours are covered under the ambit of PF. If contractor has his own code, ensure that they remit the PF on time and submit the challan/ECR copies to you for having remitted the PF.
8. Similarly, if your establishment is covered under ESI Act, then the provision is extended to your contract labours as well. You have to follow the same procedure as that of PF.
9. In case if your contractors have not registered their company under PF/ESI, you may have to cover their contract workmen in your company's sub-code.
10. If your establishment is not covered under ESI Act, ensure that a valid Employee Compensation policy is taken for all the contract workmen.
11, Even if ESI Act is coverable, but the workmen are drawing their wage in excess of Rs. 15000/- per month, you may have to take EC policy. Alternately, if you have any suitable policy, which provides more benefits than a EC policy you may prefer the same but the same has to be intimated to the WC commissioner.
12. Ensure that necessary Abstracts and Notices under Contract Labour Act, Child Labour Act, Maternity Benefit Act, Minimum Wages Act, Payment of Wages Act, Payment of Gratuity Act, NH/FH Act, in the prominent places both in English and local languages, which can be readable by the engaged workmen.
13. Maintain the records like, Muster Roll, Wage Register, PF Challan/ECR copy and ESI Challan/CS copy of all the contract workmen in your safe custody. You may audit the contractor's document periodically to ensure that the compliance is in order.
14. If you engage women worker, kindly ensure that there is no wage disparity exists. You may have to ensure the provision under Equal Remuneration Act and Maternity Benefit Act.
15. If you engage more than 10 women worker, ensure that Internal Complaints Committee is formed under Sexual Harassment Act and follow the statutory provision of the said Act.
16. Please remember that the contract workmen are also entitled for Bonus but from their immediate employer. Similarly, Gratuity is also applicable to them. Ensure that the contractors are complying with the provision of PoB Act and PoG Act.
17. Last but not the least, if you engage more than five inter-state workmen in your organisation for contract work, you may have to register your establishment under The Inter State Migrant Workmen Act and ensure that the same is followed by your contractors also. That means they have to take license under ISMW Act for which you may have to issue Form VI (Certificate by Principal Employer).
Hope the above points would give you a brief idea for engaging the contract workmen in your organisation.
P. Vathiraj
8220013422
From India
Dear Jeet,
To add to my previous post, please ensure that necessary Labour Welfare Fund and Profession Tax, as applicable, is paid by the contract workmen, either through contractors or by you if engaged directly.
To clear your doubts on PF/ESI, please remember that the ultimate liability rests on Principal Employer and hence if the contract is not registered under PF/ESI, you may have to open a sub-code and cover all the contract workmen.
Regards,
P. Vathiraj
8220013422
From India
To add to my previous post, please ensure that necessary Labour Welfare Fund and Profession Tax, as applicable, is paid by the contract workmen, either through contractors or by you if engaged directly.
To clear your doubts on PF/ESI, please remember that the ultimate liability rests on Principal Employer and hence if the contract is not registered under PF/ESI, you may have to open a sub-code and cover all the contract workmen.
Regards,
P. Vathiraj
8220013422
From India
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January'14 to June'14- Contract Labours.pdf