Dear Friends Enclosed is the Contract Labour Act for your daily use With warm regards S. Bhaskar 9099024667
From India, Kumbakonam
1168From India, Kumbakonam
In post-91 era there is no use of this Act but to abuse with the help of political class, Government and bureaucracy. This is Act is mainly to abolish contract laborer OR at the most regulate. What has happened is, these words have been conveniently forgotten. Licenses are procured for 600 workers for loading and unloading when only 15 are required for this job.Then rest of the laborers are made to work in routine manufacturing activity which is prohibited. HR professionals are either conniving with this abuse or keep their eyes closed. Law is openly flouted.Even Government and public sectors are abusing this law openly, there is no hope from private sector. Yesterday I was visiting Head of the Radiology Deptt in civil hospital here. The Doctor told me that the permanent X-ray technician is getting salary of Rs.30,000 pr month after implementation of 6th pay commission.There is only one permanent technician rest all are on contract who are paid Rs.3500/- per month.his is not isolated case. Almost every where you can see this huge gap in compensation paid
From India, Coimbatore
From India, Coimbatore
Dear Mr. Bhaskar,
I am working for a construction company and had taken a contract labour licence for under this act.This year when I applied for renewal of the licence,they asked me to deposit labour welfare fund @Rs.15 per worker per month.I believe this fund is not applicable to construction site .Also this act under which we get the licence says nothing about this contribution.However the labour commissioner is not convinced and wants this contribution citing other acts.Can you advise me on this
jitender
From India, Delhi
I am working for a construction company and had taken a contract labour licence for under this act.This year when I applied for renewal of the licence,they asked me to deposit labour welfare fund @Rs.15 per worker per month.I believe this fund is not applicable to construction site .Also this act under which we get the licence says nothing about this contribution.However the labour commissioner is not convinced and wants this contribution citing other acts.Can you advise me on this
jitender
From India, Delhi
Dear Mr. PTRC
I am not intending to discuss about the correctness or any Tortuous Act being done by anyone. In construction field almost all the works are carried out with the help of contractors only. The Contractors are engaging the workmen who are being covered with that lincense and under this act.
Nowadays Placement Agency and Outsourcing Agency are also very much available for supply of Manpower.
Whatever it may be, I have only posted the Contract Labour Act and not my views.
Thank you for your valuable comments, Sir.
From India, Kumbakonam
I am not intending to discuss about the correctness or any Tortuous Act being done by anyone. In construction field almost all the works are carried out with the help of contractors only. The Contractors are engaging the workmen who are being covered with that lincense and under this act.
Nowadays Placement Agency and Outsourcing Agency are also very much available for supply of Manpower.
Whatever it may be, I have only posted the Contract Labour Act and not my views.
Thank you for your valuable comments, Sir.
From India, Kumbakonam
1. Short title, extent, commencement and application
(1) This Act may be called the Contract Labour (Regulation and Abolition) Act, 1970
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.
(4) It applies-
(a) to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour;
(b) to every contractor who employs or who employed on any day of the preceding twelve months twenty or more workmen:
My point is -
if in an establishment there are more than one contractors labours are working but they are below on each contractor then in that case - Will the act applicable to Establishment where more than 20 contract workers are working?
and Contractor though more than one but on each contractor's role nos of labours are below 20 then will it be applicable to Contracto?
From India, Pune
(1) This Act may be called the Contract Labour (Regulation and Abolition) Act, 1970
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.
(4) It applies-
(a) to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour;
(b) to every contractor who employs or who employed on any day of the preceding twelve months twenty or more workmen:
My point is -
if in an establishment there are more than one contractors labours are working but they are below on each contractor then in that case - Will the act applicable to Establishment where more than 20 contract workers are working?
and Contractor though more than one but on each contractor's role nos of labours are below 20 then will it be applicable to Contracto?
From India, Pune
Dear Prashant
First of all the Principal Employer has to get register the establishment before issue of Form 5 for obtaining the Contract Labour License. In the Registration of Establishment the Principal Employer has to give the names of all the contractors whom the employer is intended to engage the contractor.
Then only you can get the Labour Licence under Contract Labour Act.
From India, Kumbakonam
First of all the Principal Employer has to get register the establishment before issue of Form 5 for obtaining the Contract Labour License. In the Registration of Establishment the Principal Employer has to give the names of all the contractors whom the employer is intended to engage the contractor.
Then only you can get the Labour Licence under Contract Labour Act.
From India, Kumbakonam
Dear All,
I do agree with what PRTC had commented. Because, all these legislations are made with an intention of providing safety and welfare to the people employed. Whereas, in the name of business everything is being hidden under the carpet, which is unethical. The so called trade unions are also not bothered to attend this crucial issue which may in future may erupt as a valcano and may halt the entire industrial progress currently being made by the country.
This issue has to carefully approached and an amicable solution agreed by all the parties involved to should be made to avoid any industrial unrest.
Regards
Balamurugan Sivaprakasam
Head-HR, ICIL MM Nagar
From India, Madras
I do agree with what PRTC had commented. Because, all these legislations are made with an intention of providing safety and welfare to the people employed. Whereas, in the name of business everything is being hidden under the carpet, which is unethical. The so called trade unions are also not bothered to attend this crucial issue which may in future may erupt as a valcano and may halt the entire industrial progress currently being made by the country.
This issue has to carefully approached and an amicable solution agreed by all the parties involved to should be made to avoid any industrial unrest.
Regards
Balamurugan Sivaprakasam
Head-HR, ICIL MM Nagar
From India, Madras
Thank you friends for your valuable comments
If one or two companies arenot adopting the said act or rule implemented by the Government, means we should not blame the entire country or we should not tell the Government Rules are of no use.
You can reconsider your opinion Mr. PTRC and Siva Balamurugan.
From India, Kumbakonam
If one or two companies arenot adopting the said act or rule implemented by the Government, means we should not blame the entire country or we should not tell the Government Rules are of no use.
You can reconsider your opinion Mr. PTRC and Siva Balamurugan.
From India, Kumbakonam
My intention is only to draw the attention of all concerned to the spirit of the law and help implement the law.HR professionals should guide and convince the managements to respect the law and stand firm in their conviction rather than bowing down. If HR professional do they job to their best you do not need any Unions.Mr.Balamurugan has rightly predicted what can happen. Late Gujarati poet Umashakar Joshi has warned the society against this expolitation way back in1930s through his famous poem.He has said,if you do not pay attention to the exploitation one day volcano will burst and then you will not be able to find even ashes.Gujarat is celebrating poems birth centenary this year. Bhaskarji, you have done commendable job and I congratulate for the post as first step is to know the law. Many people do not know and do not bother to know.
From India, Coimbatore
From India, Coimbatore
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SELF-CERTIFICAT E PROFORMA UNNDER CONTRACT LABOUR (R&A) ACT, 1970.doc
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