In such occasions , you may have to apply to principal employer for issue FORM V to your contractor to obtain labour license for contractors and they can easily compliance their workers pf in their code.
thanks subroto
From India, Mumbai
18thanks subroto
From India, Mumbai
Dear Mr. Jaspal,
This issue is raised by NTPC, you are requested to refer the Agreement/Work/Purchase Order of the NTPC. NTPC is govt enterprise, they can not entertain sub-contractors and this term/condition may be in you agreement. This practice is going on in private/corporate sector all over India.
I am labour law auditor & consultant of Aditya Birla- Grasim Industries, Hindalco Industries, Ultratech etc. and there is main contractor is M/s Shapoorji and Palonji Co. Ltd. they have deputed 15 sub-contractors at a construction site. they hv covered of all sub-contractors employees under their PF Code. If NTPC is permit to depute the sub-contractors then NTPC will accept the compliance of sub-contractors. Kindly update the Compliance under Contract Labour Act & BOCW Act.
If you want any assistance, feel free to call me or write - 86555 76111,
Regards,
N. Dilip
Vidarbha Industries
Navi Mumbai.
From India, Mumbai
This issue is raised by NTPC, you are requested to refer the Agreement/Work/Purchase Order of the NTPC. NTPC is govt enterprise, they can not entertain sub-contractors and this term/condition may be in you agreement. This practice is going on in private/corporate sector all over India.
I am labour law auditor & consultant of Aditya Birla- Grasim Industries, Hindalco Industries, Ultratech etc. and there is main contractor is M/s Shapoorji and Palonji Co. Ltd. they have deputed 15 sub-contractors at a construction site. they hv covered of all sub-contractors employees under their PF Code. If NTPC is permit to depute the sub-contractors then NTPC will accept the compliance of sub-contractors. Kindly update the Compliance under Contract Labour Act & BOCW Act.
If you want any assistance, feel free to call me or write - 86555 76111,
Regards,
N. Dilip
Vidarbha Industries
Navi Mumbai.
From India, Mumbai
Sir,
I think if you collect PF submission challans along with ECR pdf format and submit it to your principal employer, this will help them to know taht you are checking the statutory compliances. And when you have taken the licence of 1K nos of labours then you may engage as many sub contractors as you can but the thing is each labour will be considered as your labour not the subcontractor labour. maintain common single registers and involve all the names of labours exclusive of sub contractors.Since work order is provided to you hence you have rightly taken the licence to execute the work.
Please correct me seniors if i am wrong...
From India
I think if you collect PF submission challans along with ECR pdf format and submit it to your principal employer, this will help them to know taht you are checking the statutory compliances. And when you have taken the licence of 1K nos of labours then you may engage as many sub contractors as you can but the thing is each labour will be considered as your labour not the subcontractor labour. maintain common single registers and involve all the names of labours exclusive of sub contractors.Since work order is provided to you hence you have rightly taken the licence to execute the work.
Please correct me seniors if i am wrong...
From India
CRLA does not prohibit engagement of sub contractor.
It's a standard practice and the local labour office will have a procedure.
In mist cases, the application needs to come with the letter from the principal employer.
From India, Mumbai
It's a standard practice and the local labour office will have a procedure.
In mist cases, the application needs to come with the letter from the principal employer.
From India, Mumbai
to my understanding how a contractor became a Principal Employer under CL(R&A) Act. The Judgment cited and attached by you is in respect of question arise under Employee Compensation Act, not in reference to CL(R&A) Act.
The CL(R&A)Act clearly specifiy that and covered sub-contractor under the definition of "Contractor; read as "contractor", in relation to an establishment, means a person who undertakes to produce a given result for the establishment, other than a mere supply of
goods of articles of manufacture to such establishment, through contract labour
or who supplies contract labour for any work of the establishment and
includes a sub-contractor'.
A contractor can not be a principal Employer on Establishment of Principal Employer.
For complaince under CLRA Act the Either the Contractor has to take license covering all employee of sub-contractor also and make compliance under the Act.
or
Contractor can ask principal Employer, if allowed to issue Form V, and include in RC under CLRA.
The CL(R&A)Act clearly specifiy that and covered sub-contractor under the definition of "Contractor; read as "contractor", in relation to an establishment, means a person who undertakes to produce a given result for the establishment, other than a mere supply of
goods of articles of manufacture to such establishment, through contract labour
or who supplies contract labour for any work of the establishment and
includes a sub-contractor'.
A contractor can not be a principal Employer on Establishment of Principal Employer.
For complaince under CLRA Act the Either the Contractor has to take license covering all employee of sub-contractor also and make compliance under the Act.
or
Contractor can ask principal Employer, if allowed to issue Form V, and include in RC under CLRA.
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