Dear All
(1) A is Principal Employer .B has been awarded contract work. B engages C as Sub-Contractor.
Now the question is who will be the principal Employer of C.
(2) Please clear Temporary license.
Regards
Anshuman
From India, Delhi
2(1) A is Principal Employer .B has been awarded contract work. B engages C as Sub-Contractor.
Now the question is who will be the principal Employer of C.
(2) Please clear Temporary license.
Regards
Anshuman
From India, Delhi
Dear Anshuman,
According to the Contract Labour (R&A) Act, 1970 'A' is the Principal Employer for both 'B' & 'C'. What is to be clear in case of temporary licence ?
Reegards,
R.N.Khola
From India, Delhi
According to the Contract Labour (R&A) Act, 1970 'A' is the Principal Employer for both 'B' & 'C'. What is to be clear in case of temporary licence ?
Reegards,
R.N.Khola
From India, Delhi
Dear Sir
Thanks for your reply.
Contract Labour (Regulation & Abolition) 1970.What is the meaning of Regulation & Abolition in the light of CLRA?
What kind of nature of work contract labour can be engaged in ?
Now a days companies are hiring outsourced agencies.This is also a kind of contract work.Do Graduate/MBAs/ engaged through outsource agencies are covered in contract labour as they work in executive cadre?
Please clear.
Regards
From India, Delhi
Thanks for your reply.
Contract Labour (Regulation & Abolition) 1970.What is the meaning of Regulation & Abolition in the light of CLRA?
What kind of nature of work contract labour can be engaged in ?
Now a days companies are hiring outsourced agencies.This is also a kind of contract work.Do Graduate/MBAs/ engaged through outsource agencies are covered in contract labour as they work in executive cadre?
Please clear.
Regards
From India, Delhi
Dear Member,
In my opinion if we are allowed to employ contract labour then we are to adhere to the provisions as contained in the CL(R&A) Act, 1970 & the applicable central or state rules whichever is applicable in our case. This is called as regulatory system & where we are not allowed to engaged the contract labour on prohibited employments as notified by the appropriate government then this is called as abolition of contract labour. Section 10 may be read as under:
Sec.10. Prohibition of employment of contract labour.-(1) Notwithstanding anything contained in this Act, the appropriate Government may, after consultation with the Central Board or, as the case may be, a State Board, prohibit, by notification in the Official Gazette, employment of contract labour in any process, operation or other work in any establishment.
This means we are not allowed to engage contract labour on any process, operation or other work in any establishment which has been prohibited by the appropriate Govt. by notification in the official gazette.
Before attempting your last query we should first go through the definition of contract labour & workman as given under this Act of 1970. These may be read as under:
Sec. 2(b) ‘contract Labour’ a workman shall be deemed to be employed as "contract labour" in or in connection with the work-of:-an establishment when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer;
Sec. 2(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; or
(C) who is an out worker, that is to say, a person to whom any articles and materials are given out by or on behalf of' the principal employer to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the .trade or business of the principal employer and the process is to be carried out either in the home of the out-worker or in some other premises, not being premises under the control and management of the principal employer.
Now going through the definition of the workman you can see who are to consider as contract labour & who the persons which are not to be considered as contract labour.
Query attempted as per your request.
Regards,
R.N.Khola
From India, Delhi
Dear Sir, Can principal employer will issue form no V to subcontractor also. and for contractor labour who will be principal employer. regards Sachin
From India, Mumbai
From India, Mumbai
Dear Sachin,
As per definition of the contractor under CL Act, the sub-contractor is also included in the definition of the contractor then the sub-contractor is also required to get Form V from the principal employer for getting licence. Form V issuing authority will be the principal employer for contract labours of the sub-contractor.
Regards,
R.N.Khola
From India, Delhi
As per definition of the contractor under CL Act, the sub-contractor is also included in the definition of the contractor then the sub-contractor is also required to get Form V from the principal employer for getting licence. Form V issuing authority will be the principal employer for contract labours of the sub-contractor.
Regards,
R.N.Khola
From India, Delhi
Dear Sir,
Whether in house outsourcing is possible in a factory i mean to say. A is company giving a job work to a B vendor giving place inside the factory ( giving seperate agreement, workorder and will pay on piece rate ) will they will be covered under teh C& L Act. Does this kind of mechanism will be possible in factories. Need the comment of the senior professionals.
Thanks,
Sukumar
From India
Whether in house outsourcing is possible in a factory i mean to say. A is company giving a job work to a B vendor giving place inside the factory ( giving seperate agreement, workorder and will pay on piece rate ) will they will be covered under teh C& L Act. Does this kind of mechanism will be possible in factories. Need the comment of the senior professionals.
Thanks,
Sukumar
From India
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