hi all,
Kindly guide me for below matter :-
We are hiring labour in our company payroll for temporary basis (1 year contract) for particular project and it will be clearly mentioned in their offer letter cum appointment letter .After that the employee will be terminated.
Now my question arise whether we should require registration under the Labour Contract act or not as we are not hired from any third party.
waiting for reply
Thanks
Pranami
From India, Pune
Kindly guide me for below matter :-
We are hiring labour in our company payroll for temporary basis (1 year contract) for particular project and it will be clearly mentioned in their offer letter cum appointment letter .After that the employee will be terminated.
Now my question arise whether we should require registration under the Labour Contract act or not as we are not hired from any third party.
waiting for reply
Thanks
Pranami
From India, Pune
If you are hiring labour through cotnractor then you need to register your firm as per provision of contract labour act. regards, Nirav patel.
From India
From India
Hi all,
Recently i ve join one of construction company as HR. Earlier they don't have any HR department. Right now i making Leave policy and i am stuck in Maternity leave policy.
I would like to know is it compulsory to pay maternity paid leave and if the company is not ready to pay then what will be the consequence. As i heard from one of the old employee that they don't pay paid leave for maternity and also our organisation doesn't come under ESI act.
Kindly guide me in this matter.
Thanks
Memi
From India, Pune
Recently i ve join one of construction company as HR. Earlier they don't have any HR department. Right now i making Leave policy and i am stuck in Maternity leave policy.
I would like to know is it compulsory to pay maternity paid leave and if the company is not ready to pay then what will be the consequence. As i heard from one of the old employee that they don't pay paid leave for maternity and also our organisation doesn't come under ESI act.
Kindly guide me in this matter.
Thanks
Memi
From India, Pune
If you are engaging workmen for a specific period in your own pay roll it is called Fixed Term appointment which is entirely different from contract labour. Though there exists a contract with the employees for a certain period, say one year or completion of a project, it is not a contract labour but is only a Fixed Term Employment.
The provisions of Contract Labour (Regulation and Abolition) Act will become applicable only when you engage workers through a contractor under which there doesnot exist any employer employee relationship between you and the workmen who are workmen of the contractor only. In that case you have to get registration to engage workmen through contractor provided you plan to engage at least 20 such workmen. In otherwords, if your plan is to engage less than 20 workmen there is no need to get registration under the CLRA Act.
Regarding payment of maternity benefits, I would like to say that an establishment wherein women are employed is expected to comply with the provisions of Maternity Benefit Act under which it is mandatory to grant maternity leave with wages upto 12 weeks for women workers who have worked at least for 80 days during a period of 12 months immediately preceding the date of delivery. In addition to the leave there is a provision of making a payment of Rs 1000. In my understanding construction company is not exempted from the operation of Maternity Benefit Act though the workers engaged at sites are exempted from ESI whereas the establishment will be covered by ESI if the regular workers who sign the muster rolls of the company exceed 20.
Regards,
Madhu.T.K
From India, Kannur
4249The provisions of Contract Labour (Regulation and Abolition) Act will become applicable only when you engage workers through a contractor under which there doesnot exist any employer employee relationship between you and the workmen who are workmen of the contractor only. In that case you have to get registration to engage workmen through contractor provided you plan to engage at least 20 such workmen. In otherwords, if your plan is to engage less than 20 workmen there is no need to get registration under the CLRA Act.
Regarding payment of maternity benefits, I would like to say that an establishment wherein women are employed is expected to comply with the provisions of Maternity Benefit Act under which it is mandatory to grant maternity leave with wages upto 12 weeks for women workers who have worked at least for 80 days during a period of 12 months immediately preceding the date of delivery. In addition to the leave there is a provision of making a payment of Rs 1000. In my understanding construction company is not exempted from the operation of Maternity Benefit Act though the workers engaged at sites are exempted from ESI whereas the establishment will be covered by ESI if the regular workers who sign the muster rolls of the company exceed 20.
Regards,
Madhu.T.K
From India, Kannur
You are right Madhu. Whoever engaged under Contract basis is not a labour. If the company engages more than 20 worker then only the question of registration and obtaining license arises.
With warm regards
S. Bhaskar
9099024667
From India, Kumbakonam
With warm regards
S. Bhaskar
9099024667
From India, Kumbakonam
Dear Sir
In this context one more advice is required
I have joined a project and working in Hr deptt. My company has engaged one construction company ltd firm for such project ie civil and mechanical work. In this regard i want some advice
whether we ( principal employer) require registration under contract labour act & migrant labour engagement
Constrction job / erection has been given to one construction firm which is limited company then what would be its role.
Any more suggestion are highly acceptable.
regards
From India
In this context one more advice is required
I have joined a project and working in Hr deptt. My company has engaged one construction company ltd firm for such project ie civil and mechanical work. In this regard i want some advice
whether we ( principal employer) require registration under contract labour act & migrant labour engagement
Constrction job / erection has been given to one construction firm which is limited company then what would be its role.
Any more suggestion are highly acceptable.
regards
From India
Dear
If it is for Temporary Employment in your concern with a clear Starting and End Date and a termination clause CLRA registration can be dispensed with.
With Regards
V.Sounder Rajan
Advocates & Notaries & Legal Consultants
E-mail : rajanassociates@eth,net,
-9025792684-9025792634
more at https://www.citehr.com/285737-legal-...#ixzz1AyYWRmBo
From India, Bangalore
If it is for Temporary Employment in your concern with a clear Starting and End Date and a termination clause CLRA registration can be dispensed with.
With Regards
V.Sounder Rajan
Advocates & Notaries & Legal Consultants
E-mail : rajanassociates@eth,net,
-9025792684-9025792634
more at https://www.citehr.com/285737-legal-...#ixzz1AyYWRmBo
From India, Bangalore
If you engage a total of 20 numbers of contract workers through all the contractors taken together you should take registration under the CLRA Act. Similarly, if you engage at least five interstate migrant employees you have to get registration under the Interstate Migrant Workmen (Regulation of employment and conditions of service) Act, 1976.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
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The Tamil Nadu Contract Labour (Regulation And Abolition) Rules And Enhancement Of Registration .pdf