DEAR ALL
PLZ THROW SOME LIGHT ON THE SITUATION WHERE IN CONTRACTOR FAILS TO PAY THE WAGES TO WORKERS EVEN IF COMPANY HAS MADE ITS PAYMENT BY CHEQUE TO THE CONTRACTOR FOR THE SAME.
WHAT WOULD BE THE COMPANY'S STAND :
I. TOWARDS CONTRACT WORKERS
II. TOWARDS CONTRACTOR FOR RECEVING MONEY BACK
PLZ DO REPLY AT THE EARLLIST
THANKS
NISHIKANT
From India, Surat
PLZ THROW SOME LIGHT ON THE SITUATION WHERE IN CONTRACTOR FAILS TO PAY THE WAGES TO WORKERS EVEN IF COMPANY HAS MADE ITS PAYMENT BY CHEQUE TO THE CONTRACTOR FOR THE SAME.
WHAT WOULD BE THE COMPANY'S STAND :
I. TOWARDS CONTRACT WORKERS
II. TOWARDS CONTRACTOR FOR RECEVING MONEY BACK
PLZ DO REPLY AT THE EARLLIST
THANKS
NISHIKANT
From India, Surat
Hi,
I am giving extracts of Contract Labour Act which says you are ulimately liable to pay to the workers.
You will have to recover the amount from Contractor though it is painful job.
Contract Labour (Regulation & Abolition) Act, 1970.
The establishments covered under the Act are required to be registered as the Principal Employer. Likewise, every contractor to whom the Act applies is required to obtain a licence and not to undertake or execute any work through contract labour except under and in accordance with the licence issued.
The Act has provided for establishment of canteens. For the welfare and health of contract labour, provision is made for restrooms, first aid, wholesome drinking water, latrines and urinals. In case of failure on the part of the contractor to provide such facilities, the Principal Employer is made liable to provide the amenities.
The contractor is required to pay wages and a duty is cast on him to ensure disbursement of wages in the presence of the authorised representative of the Principal Employer. In case of failure on the part of the contractor to pay wages either in part or in full, the Principal Employer is liable to pay the same. In case the contract labour perform same or similar kind of work as regular workmen, they will be entitled to the same wages and service conditions as regular workmen as per the Contract Labour (Regulation and Abolition) Central Rules, 1971.
rgds
vishwanath
From India, Bangalore
3I am giving extracts of Contract Labour Act which says you are ulimately liable to pay to the workers.
You will have to recover the amount from Contractor though it is painful job.
Contract Labour (Regulation & Abolition) Act, 1970.
The establishments covered under the Act are required to be registered as the Principal Employer. Likewise, every contractor to whom the Act applies is required to obtain a licence and not to undertake or execute any work through contract labour except under and in accordance with the licence issued.
The Act has provided for establishment of canteens. For the welfare and health of contract labour, provision is made for restrooms, first aid, wholesome drinking water, latrines and urinals. In case of failure on the part of the contractor to provide such facilities, the Principal Employer is made liable to provide the amenities.
The contractor is required to pay wages and a duty is cast on him to ensure disbursement of wages in the presence of the authorised representative of the Principal Employer. In case of failure on the part of the contractor to pay wages either in part or in full, the Principal Employer is liable to pay the same. In case the contract labour perform same or similar kind of work as regular workmen, they will be entitled to the same wages and service conditions as regular workmen as per the Contract Labour (Regulation and Abolition) Central Rules, 1971.
rgds
vishwanath
From India, Bangalore
That i do agree with you being a principal empployer company has to pay the wages to the workers but i need to know one thing more that who will be responsible in such cases whereing HR lack the vigilence not to monitor the activities of the contractor and failed to take some proactive actions.What action we can take against the persons who fails to impart his duty towards controlling the contract persons.
From India, Surat
From India, Surat
Hi, It is purely internal admin matter of the company. Normally the finance department of any organisation deals with such kind of activities. rgds vishwanath
From India, Bangalore
From India, Bangalore
Please adivise on following query:
If a company declares bonus to its regular employees on the basis of allocable surplus. whether the company is legally bound to pay bonus to contractor's labour also and the same rate as applicable to regular employees. The company and the contractor are registered under Contract Labour Act. Part of the worker of Contractor are working same kind of work as regualar worker are doing.
If possible please quote any case laws or circular on this matter.
Thanks
Ramesh Sharma
From India, Chandigarh
If a company declares bonus to its regular employees on the basis of allocable surplus. whether the company is legally bound to pay bonus to contractor's labour also and the same rate as applicable to regular employees. The company and the contractor are registered under Contract Labour Act. Part of the worker of Contractor are working same kind of work as regualar worker are doing.
If possible please quote any case laws or circular on this matter.
Thanks
Ramesh Sharma
From India, Chandigarh
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Amendment to Payment of Bonus Act 2015.jpg
Case studies on R & S.doc
Online payment of PF mandatory from 1.1.2016.pdf