Hello
The company has around 220 employees. The company has hired a new garden contractor, but the
1) company has not registered under contract labour law.
2) the contractor has only 8 employees under his roll.
Question: 1) Is it compulsory to register under Contract labour law when u employ contractor for any job.
2) Whether contractor needs to pay PF, and we need to ensure that he pays it even though he has less than 10 employees.
Plz help
Thanks And Regards,
Gaurav
From India, Vadodara
3The company has around 220 employees. The company has hired a new garden contractor, but the
1) company has not registered under contract labour law.
2) the contractor has only 8 employees under his roll.
Question: 1) Is it compulsory to register under Contract labour law when u employ contractor for any job.
2) Whether contractor needs to pay PF, and we need to ensure that he pays it even though he has less than 10 employees.
Plz help
Thanks And Regards,
Gaurav
From India, Vadodara
hi garurav, i answerin 2 question if ur contractor not pay the pf amount, you only the responsiple to pay the pf amount.
From India, Coimbatore
From India, Coimbatore
Hi arun
Yes i knoe that., but in this case he has to pay ?
So he has to pay even though he has less than 10 employees and the company has only 9 contracted staff.
I mean PF rule is applicable for more than 10 employees.
and contract labour law applicable if more than 10 employees.
I am confused !!!
Regards,
Gaurav
From India, Vadodara
Yes i knoe that., but in this case he has to pay ?
So he has to pay even though he has less than 10 employees and the company has only 9 contracted staff.
I mean PF rule is applicable for more than 10 employees.
and contract labour law applicable if more than 10 employees.
I am confused !!!
Regards,
Gaurav
From India, Vadodara
When your establishment is covered by PF any person who works in your establishment who is not otherwise excluded shall be covered by PF. Similar is the case with ESI also. Therefore, even if the contractor has less than 20 employees, his employees working for you should be covered by EPF. So, he has to take PF registration. An establishment which employs nine employees may have to go for voluntary coverage of PF. If he fails to get voluntary coverage, you being the principal employer has to give coverage to contractors workers (who are engaged in your establishment) under your PF code.
Regarding requirement of contract labour registration and licence, as you engage only eight contract labours you need not take contract labour registration. Similarly, the contractor also need not take licence. But if the total number of contract labours engaged by you from different contractors (say, Security personnels engaged by a contractor, housekeeping labour supplied by another contractor etc) exceed 19 (becomes 20) you have to take registration from the District Labour Officer.
Regards,
Madhu.T.K
From India, Kannur
Regarding requirement of contract labour registration and licence, as you engage only eight contract labours you need not take contract labour registration. Similarly, the contractor also need not take licence. But if the total number of contract labours engaged by you from different contractors (say, Security personnels engaged by a contractor, housekeeping labour supplied by another contractor etc) exceed 19 (becomes 20) you have to take registration from the District Labour Officer.
Regards,
Madhu.T.K
From India, Kannur
I agree with the PF part as discussed..
But for contract labour Registration if are appointing a contractor you have to take a registration form Labour Department under The Contract Labour(R & A) Act, 1970. As a principal employer your registration is compulsory. Labour Department will issue you Registration Certificate (RC) and then further contractor need not to take licence from Labour office unless his labour exceeds 20.
From India, Lucknow
But for contract labour Registration if are appointing a contractor you have to take a registration form Labour Department under The Contract Labour(R & A) Act, 1970. As a principal employer your registration is compulsory. Labour Department will issue you Registration Certificate (RC) and then further contractor need not to take licence from Labour office unless his labour exceeds 20.
From India, Lucknow
Dear Vivek,
Mr./Ms. Madhu T. K. has illustrated very correct, there is no any confusion about Contract License for Principal employer. The registration for employing contract labour by one or more contractor may be obtained only in case of 20 or more contractor employees.
Regards,
Ajay Shukla
Consultant Labour Laws, Kanpur
From India, Calcutta
Mr./Ms. Madhu T. K. has illustrated very correct, there is no any confusion about Contract License for Principal employer. The registration for employing contract labour by one or more contractor may be obtained only in case of 20 or more contractor employees.
Regards,
Ajay Shukla
Consultant Labour Laws, Kanpur
From India, Calcutta
Dear mr. Shukla,
there are two things which you are mixing.
1. Registration of principal employer who is appointing contractor.
2. Obtaining license by the contractor from labour office if his workers exceeds 20or more.
As a principal employer if you hire contractor you come under the definition of contrac labour act and you have to apply for RC. Further, when contractor labour is less then 20 they need not have to apply for license and if the contract labour exceeds 20 then principal employer will issue form - 5 to contractor and he has to obtain license from labour office.
You know some labour departments also issue NOC to the contractors whose labour is less then 20 on the basis of Principal Employer registration.
Suggestions are welcome.
Regaeds.
From India, Lucknow
there are two things which you are mixing.
1. Registration of principal employer who is appointing contractor.
2. Obtaining license by the contractor from labour office if his workers exceeds 20or more.
As a principal employer if you hire contractor you come under the definition of contrac labour act and you have to apply for RC. Further, when contractor labour is less then 20 they need not have to apply for license and if the contract labour exceeds 20 then principal employer will issue form - 5 to contractor and he has to obtain license from labour office.
You know some labour departments also issue NOC to the contractors whose labour is less then 20 on the basis of Principal Employer registration.
Suggestions are welcome.
Regaeds.
From India, Lucknow
can a contractor cover another contractor’s P.F & ESI less/ excess 20workmen. Is principal employer responsible or can it be disburden merging with another contractor.
From India, Calcutta
From India, Calcutta
Dear All
I am working in construction company. Presently PF is compulsory to all. Labour movement in site is frequently changing, every month two to three batches were at sites. They dont have Aadahr card & Bank accounts to create UAN no and to generate PF code. Due to this it is very hard to cover PF. Please suggest me how to overcome this problem.
Regards
Nagesh
09063416644.
From India, Tirunelveli
I am working in construction company. Presently PF is compulsory to all. Labour movement in site is frequently changing, every month two to three batches were at sites. They dont have Aadahr card & Bank accounts to create UAN no and to generate PF code. Due to this it is very hard to cover PF. Please suggest me how to overcome this problem.
Regards
Nagesh
09063416644.
From India, Tirunelveli
Once a rule becomes applicable to you or your employees, it becomes obligatory to follow it. If it requires that you need to collect Aadhar of your workers, you have to do it by initiating enrolment of your workers in Aadhar. If the rule says that they should have bank accounts, you should take initiative and get it done. Otherwise you have no right to do business. In setting up of your business enterprise you have already faced a lot of barriers and from door to door or seat to seat you have moved to get the licences and registrations done. This is also one of the prerequisites for setting up or running of your business establishment. Therefore, do not try to find any short cuts so that you can do away with it. If you need to close down the operations for a day or two to organise Aadhar camp or bank account opening camp for your workers, you should do that.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
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Compulsory Detailes PF withdrawal Form.xls
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