Hello,
Could someone pls let me know whether a foreign director can be a principal employer for the purpose of Contract labor and Shops and establishments Act . Such director will reside in India only for a short period during a year.
Thanks and regards
Amita
Could someone pls let me know whether a foreign director can be a principal employer for the purpose of Contract labor and Shops and establishments Act . Such director will reside in India only for a short period during a year.
Thanks and regards
Amita
The Principal Employer is the one who is the owner and / or Manages the Business. Any person who responsible for supervision and control of the Organization. Director who is a citizen of other country / NRI will also be held as Principal Employer as he is one of the Director.
Saurabh
From China, Leizhou
5Saurabh
From China, Leizhou
dear amita
director,may be foreigner can be occupier of the factory ,provided he should have ultimate control over the affairs of the company.he shouyld also full fullfil other condition like residential adress in india.
j s malik
From India, Delhi
director,may be foreigner can be occupier of the factory ,provided he should have ultimate control over the affairs of the company.he shouyld also full fullfil other condition like residential adress in india.
j s malik
From India, Delhi
Dear Amita,
You have asked that a foreign Director can be PE for the purpose of CL (R&A) Act & Shops & Commercial Establishment Act. It is made clear that PE is only defined under The Contract Labour (R&A) Act, 1970. According section 2 (g) (ii), the definition of the PE may be read as under:
“in a factory, the owner or occupier of the factory & where a person has been named as manager of the factory under Factories Act,1948, the person so named.” & as per section 2(g) (iv) for any other establishment, any person responsible for supervision & control of the establishment.
Your unit seems to be covered under the Shops Act & according the definition of the PE for other Establishment the director can be declared as PE only when he responsible for supervision & control of the establishment.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
You have asked that a foreign Director can be PE for the purpose of CL (R&A) Act & Shops & Commercial Establishment Act. It is made clear that PE is only defined under The Contract Labour (R&A) Act, 1970. According section 2 (g) (ii), the definition of the PE may be read as under:
“in a factory, the owner or occupier of the factory & where a person has been named as manager of the factory under Factories Act,1948, the person so named.” & as per section 2(g) (iv) for any other establishment, any person responsible for supervision & control of the establishment.
Your unit seems to be covered under the Shops Act & according the definition of the PE for other Establishment the director can be declared as PE only when he responsible for supervision & control of the establishment.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
Dear Amita,
Yes,he/she can be PE even he reside in India for a short period,it does not matter about the presence becuase he/she have other responsibilities too like as marketing/business developments etc....so he has to travel.
In India there are so many MNC where the PE & directors are foreigners and your company is under shops & establishment where its allow to free to works in India & capture all top position becuase they have maintain the quality of services.The overall is the matter of responsibility of occupier.
Best Regards
Sajid Ansari
From India, Delhi
Yes,he/she can be PE even he reside in India for a short period,it does not matter about the presence becuase he/she have other responsibilities too like as marketing/business developments etc....so he has to travel.
In India there are so many MNC where the PE & directors are foreigners and your company is under shops & establishment where its allow to free to works in India & capture all top position becuase they have maintain the quality of services.The overall is the matter of responsibility of occupier.
Best Regards
Sajid Ansari
From India, Delhi
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