Hi,
I would like to know that suppose we have 20 odd employees on the thrird party roll and all the employees are on the supervisor grade and their wages ranged from 12k - 18k, will these employees will covered under the Contract Labour (Regulation and Abolition) Act, 1970.
Please Help.
Regards
Amitesh Nigam
From India, Delhi
I would like to know that suppose we have 20 odd employees on the thrird party roll and all the employees are on the supervisor grade and their wages ranged from 12k - 18k, will these employees will covered under the Contract Labour (Regulation and Abolition) Act, 1970.
Please Help.
Regards
Amitesh Nigam
From India, Delhi
Hi,
As per your mail,
-twenty or more workmen are employees to every contractor to who employs or who employed. as per definition they are covered under CL act. even though they wages are high.
Rgds,rajashekar
9701474442
From India, Hyderabad
1As per your mail,
-twenty or more workmen are employees to every contractor to who employs or who employed. as per definition they are covered under CL act. even though they wages are high.
Rgds,rajashekar
9701474442
From India, Hyderabad
Thanks a ton Rajashekar for the reply,
but the law says the following:-
Explanation.-For the purpose of sub-clause (iii) of this clause expressions mine", "owner" and "agent" shall have the meanings respectively assigned clause (j), clause (1) and clause (c) of sub-section (1) of Section 2 of the 'Mines Act, 1952 (35 of 1952) ;
(h) "wages" shall have the meaning assigned to it in clause (vi) of Section 2 of the Payment of Wages Act, 1936 (4 of 1936);
(i) "workman" means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or un-skilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, but does not include any such person-
(A) who is employed mainly in a managerial or administrative capacity; or
(B) who, being employed in a supervisory capacity draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by' reason of the powers vested in him? functions mainly of a managerial nature;
And the amendment says
Section 2: Definition - An explanation shall be added in clause c) of sub-section 1) of Section 2 ) as below: Explanation - The word contractor includes both a licensed and a non-licensed contractor. This section will read as: c) 'contractor', in relation to an establishment, means a person who undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor. Explanation - The word contractor includes both a licensed and a non-licensed contractor. Section 2: i) This ceiling of Rs.500/- shall be removed. A suitable amount be replaced, determined by the appropriate government consistent with the living index and the sale of inflation.
Hence i would like to understand about this amendment.
From India, Delhi
but the law says the following:-
Explanation.-For the purpose of sub-clause (iii) of this clause expressions mine", "owner" and "agent" shall have the meanings respectively assigned clause (j), clause (1) and clause (c) of sub-section (1) of Section 2 of the 'Mines Act, 1952 (35 of 1952) ;
(h) "wages" shall have the meaning assigned to it in clause (vi) of Section 2 of the Payment of Wages Act, 1936 (4 of 1936);
(i) "workman" means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or un-skilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, but does not include any such person-
(A) who is employed mainly in a managerial or administrative capacity; or
(B) who, being employed in a supervisory capacity draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by' reason of the powers vested in him? functions mainly of a managerial nature;
And the amendment says
Section 2: Definition - An explanation shall be added in clause c) of sub-section 1) of Section 2 ) as below: Explanation - The word contractor includes both a licensed and a non-licensed contractor. This section will read as: c) 'contractor', in relation to an establishment, means a person who undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor. Explanation - The word contractor includes both a licensed and a non-licensed contractor. Section 2: i) This ceiling of Rs.500/- shall be removed. A suitable amount be replaced, determined by the appropriate government consistent with the living index and the sale of inflation.
Hence i would like to understand about this amendment.
From India, Delhi
(i) "workman" means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or un-skilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied-
From India, Hyderabad
From India, Hyderabad
Hai,
You have taken 20 so called supervisors on the rolls of thrid party ( nothing but contract) in turn the third party obtained licence under contract labour regulation and abolition act, 1970. As per the contract labour and regualtion and abolition act, if you would like to terminate the employees whom you engaged under the above act has to be given 3 days prior notice and terminate.
Mahesh
From India, Hyderabad
You have taken 20 so called supervisors on the rolls of thrid party ( nothing but contract) in turn the third party obtained licence under contract labour regulation and abolition act, 1970. As per the contract labour and regualtion and abolition act, if you would like to terminate the employees whom you engaged under the above act has to be given 3 days prior notice and terminate.
Mahesh
From India, Hyderabad
Amitesh
You need to first decide whether the CL(R&A) 1970 Act is applicable to you. It can become applicable only when you have more than 100 employees on your role. Please review the applicable provisions for Registration by Employer and License by Contractor under the Act. In case of any confusion, pl feel free to call at 09822394170.
Regards
From India, Mumbai
You need to first decide whether the CL(R&A) 1970 Act is applicable to you. It can become applicable only when you have more than 100 employees on your role. Please review the applicable provisions for Registration by Employer and License by Contractor under the Act. In case of any confusion, pl feel free to call at 09822394170.
Regards
From India, Mumbai
The amendment says that the 500 Rs. ceiling is now not applicable and this amt would be decided by the appropriate government according to the living index of that area.
There are two govts. central govt and state govt.
now approp govt differs from org to org. if it is an org having functions in more than 1 state then central govt wud be the approp govt.
or any org which is owned by the central govt, approp govt for it wud be central govt,
otherwise state govt will be the appropriate govt.
these respective govts make rules for all the acts and such rules ae accordingly applicabe.
From India, Mumbai
There are two govts. central govt and state govt.
now approp govt differs from org to org. if it is an org having functions in more than 1 state then central govt wud be the approp govt.
or any org which is owned by the central govt, approp govt for it wud be central govt,
otherwise state govt will be the appropriate govt.
these respective govts make rules for all the acts and such rules ae accordingly applicabe.
From India, Mumbai
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Notification No G.S.R. 1128(E) Contract Labour (Regulation and Abolition) Central Amendment .pdf
LABOUR CONTRACT AGREEMENT.doc