Dear Nilesh,
I understand you supply manpower to diff clients. You need to apply following tests.
1. If you provide services to a client which comes under central CL&RA, you need not apply for registration as long as your supply of manpower does not exceed 20.
2. If your client falls under State CL&RA rules, pl check the applicability strength for registration with labour commissioner.
3. If you supply manpower to diff States, you need to comply with that State rules like CL&RA, ESI, PT etc.
If your clien and in such a case you pl check your State CL&RA rules and if it says contractor has to register even if engagement of strength less than 20, you have to apply for registration with concerned labour commissioner.
From India
7I understand you supply manpower to diff clients. You need to apply following tests.
1. If you provide services to a client which comes under central CL&RA, you need not apply for registration as long as your supply of manpower does not exceed 20.
2. If your client falls under State CL&RA rules, pl check the applicability strength for registration with labour commissioner.
3. If you supply manpower to diff States, you need to comply with that State rules like CL&RA, ESI, PT etc.
If your clien and in such a case you pl check your State CL&RA rules and if it says contractor has to register even if engagement of strength less than 20, you have to apply for registration with concerned labour commissioner.
From India
Please have at look at http://labour.nic.in <link updated to site home>
(from government of india website)
The act says that the act applies to any contractor who employs more than 20 workmen. No, it's not 20 per location. The at also says all contractors covered under the act needs license.
So, in your case license is required.
Meanwhile, the actual terms of the license and the conditions in which it will be issued depends on the rules, which is notified by each state. You will need to read the rules in your state. Where are you located? Or more correctly, which states do you supply your contract labour?
From India, Mumbai
(from government of india website)
The act says that the act applies to any contractor who employs more than 20 workmen. No, it's not 20 per location. The at also says all contractors covered under the act needs license.
So, in your case license is required.
Meanwhile, the actual terms of the license and the conditions in which it will be issued depends on the rules, which is notified by each state. You will need to read the rules in your state. Where are you located? Or more correctly, which states do you supply your contract labour?
From India, Mumbai
Hi All,
It is as simple as that the act says 20 or more than 20 work men who actually are under the pay roll of principal employer directly/inderectly needs to be registered for LC License.Be it through out sourcing from third party of principal employer. At the end of the day principal employer is held responsible for the abidence of the law and not a contrctor since the work is done at his site.However principal employer has to enforce the same laws to be followed by the contractor/third party before appointing them through the mutual agreements.More precisely contractors hiring the manpower and deploying at clients site will have to obtain the LC License for the client's sake.It is alos true that security services will not require LC Where such services are governed bu the Security Agencies ACT 2005 and the state/ district boards.
Thanks and warm regards.
B K Majumdar
9922254949
From India, Vadodara
It is as simple as that the act says 20 or more than 20 work men who actually are under the pay roll of principal employer directly/inderectly needs to be registered for LC License.Be it through out sourcing from third party of principal employer. At the end of the day principal employer is held responsible for the abidence of the law and not a contrctor since the work is done at his site.However principal employer has to enforce the same laws to be followed by the contractor/third party before appointing them through the mutual agreements.More precisely contractors hiring the manpower and deploying at clients site will have to obtain the LC License for the client's sake.It is alos true that security services will not require LC Where such services are governed bu the Security Agencies ACT 2005 and the state/ district boards.
Thanks and warm regards.
B K Majumdar
9922254949
From India, Vadodara
Dear Nilesh,
Since you are a Manpower Provider company and having 50 employees, those are working in different clients, If there salary is prepared by your company. then your company has to be registered under Shops & Establishment Act. since more than 20 people salary your company preparing then PF(20 employee) & ESI(10 employee) also applicable for your establishment.
As per your second question if more than 20 employees given by your company will exceed in any day at your client side you have to opt for labour licence. Kindly remember different company different labour License depending on the Strength exceeding 20.
Ratikanta Rath
From India, Durgapur
Since you are a Manpower Provider company and having 50 employees, those are working in different clients, If there salary is prepared by your company. then your company has to be registered under Shops & Establishment Act. since more than 20 people salary your company preparing then PF(20 employee) & ESI(10 employee) also applicable for your establishment.
As per your second question if more than 20 employees given by your company will exceed in any day at your client side you have to opt for labour licence. Kindly remember different company different labour License depending on the Strength exceeding 20.
Ratikanta Rath
From India, Durgapur
There is no dispute at all. When as a principal employer you agrees to employ contract labour in your establishment then it is incumbent on the principal employer to obtain a Registration certificate. Hence all employer employing less or more than 20 contract labours should obtain a Licence from the labour commissioner.
From India, Mumbai
From India, Mumbai
hello,
you are providing employment for more than 20 persons and you are paying them and you have ultimate control over their nature of work and place of work. here the meaning of master servant relationship is established beyond the doubt. so it is deemed that you are company employing 50 workers.
Then since you are providing contract labour to other establishment you will be governed by the provisions of contract labour act. accordingly you will have to comply with it. so notify this to commissioner of labour
Warm regards
Kathirvel
Hr execucutive
From India, Coimbatore
you are providing employment for more than 20 persons and you are paying them and you have ultimate control over their nature of work and place of work. here the meaning of master servant relationship is established beyond the doubt. so it is deemed that you are company employing 50 workers.
Then since you are providing contract labour to other establishment you will be governed by the provisions of contract labour act. accordingly you will have to comply with it. so notify this to commissioner of labour
Warm regards
Kathirvel
Hr execucutive
From India, Coimbatore
Dear Friends,
i work for a infrastructure company,
Brief note on the point of discussion :
The project is alloted by the GOVT of INDIA to a PSU, which was to be implemented for the state.
Now the PSU is registered with Department of Labour, Central, where as for the purpose of execution of the project, the Form V was issued by the end benificiery, ie the state department. hence we obtained the licence from the Department of labour, state. all the formalities like renewal, returns etc are being complied, with the CLO,state
The PSU has no registration with state, and we dont have registration with the Dept of Labour, central.
Now the Dept of Labour, Central is insisiting us to register with them.
The Questions :
1. Registrations with either state or central would not be sufficient ?
2. On the given scenario, where should we register?
please help
regards
srinivas
From India, Secunderabad
i work for a infrastructure company,
Brief note on the point of discussion :
The project is alloted by the GOVT of INDIA to a PSU, which was to be implemented for the state.
Now the PSU is registered with Department of Labour, Central, where as for the purpose of execution of the project, the Form V was issued by the end benificiery, ie the state department. hence we obtained the licence from the Department of labour, state. all the formalities like renewal, returns etc are being complied, with the CLO,state
The PSU has no registration with state, and we dont have registration with the Dept of Labour, central.
Now the Dept of Labour, Central is insisiting us to register with them.
The Questions :
1. Registrations with either state or central would not be sufficient ?
2. On the given scenario, where should we register?
please help
regards
srinivas
From India, Secunderabad
Dear Mr. Srinivas
Once the PSU which is your principal employer, have registered with Central Registration, and they have registered as establishment with Central, then only you can obtain the Labour License from the Central. This may be the play by some official, and with your application they can give pressure to the PSU to extract some valuable personal documents (meaning of document is explained in Kamalhasan's Hindustani Movie), in which Mahatma Gandhi's photo will have a smiling face.
Please discuss the same with the notice issued to you by the central Labour Enforcement Officer, with your principal employer, so that any third party should not get benefitted by the Asst Labour Officer of your area only by some oral (threatening) instrucion.
Please break the barrier and immediately discuss with your client/principal employer to kill the issue. Further if you have any doubt please be free to call me in 9099024667.
Wish you all the best.
From India, Kumbakonam
Once the PSU which is your principal employer, have registered with Central Registration, and they have registered as establishment with Central, then only you can obtain the Labour License from the Central. This may be the play by some official, and with your application they can give pressure to the PSU to extract some valuable personal documents (meaning of document is explained in Kamalhasan's Hindustani Movie), in which Mahatma Gandhi's photo will have a smiling face.
Please discuss the same with the notice issued to you by the central Labour Enforcement Officer, with your principal employer, so that any third party should not get benefitted by the Asst Labour Officer of your area only by some oral (threatening) instrucion.
Please break the barrier and immediately discuss with your client/principal employer to kill the issue. Further if you have any doubt please be free to call me in 9099024667.
Wish you all the best.
From India, Kumbakonam
Here the question arises is who is the appropriate Government in this case. Many a times it is so that the entire funding for a project is being done by the Central Government in a respective state, however, the control for the said project is under the control of the State Government. In that case the State government authorities will be the appropriate government in this case. Whereas on the other side when the stake is entirely holded by the central government then the appropriate goverment is the Central government.
In your case it seems that your company being a PSU being controlled by the central govt. as said by the authorities, registration has to be obtained from the Central Government.
From India, Mumbai
In your case it seems that your company being a PSU being controlled by the central govt. as said by the authorities, registration has to be obtained from the Central Government.
From India, Mumbai
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