paradoxical123
7

Hi,
We have a warehouse in Andhra Pradesh where loading/ unloading of materials from trucks is done by Hamalis. However, these Hamalis are not employed by us.
We consider the loading/ unloading of material as the responsibility of the transporter and hence these Hamalis are paid on a piece rate basis by the respective transporter who comes. More or less the same set of Hamalis ahve been working here since lany years and they have also formed their own union. But our company has no sort of agreement with them.
Who is responsible in case one of them meets an accident while loading/ unloading of material? Which all laws are applicable for such hamalis who have no employers.

From India
pbskumar2006
590

Dear Friend,
Its depending up on the Schedule of Employment where the organisation is covered. All the labour laws are applicable to Hamalies also. If the Hamalies are employed through any contract LABOUR SUPPLY services - then there services are covered as per Contract Labour Act and Rules there in.
Regards,
PBS KUMAR

From India, Kakinada
paradoxical123
7

Their services are not hired through any contractor. Because of the union being formed, they donot allow us to employ anybody else there for loading/ unloading activity. In this case, do we have any responsibility if any of these Hamalis meets an accident? Or is the transporter responsible for all the statutory compliances since he is paying them their salary?
From India
pbskumar2006
590

Dear Friend, The responsibility is the principal employer for any of the compliences. Regards, PBS KUMAR
From India, Kakinada
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