Dear Meenakshi,
your principle employer must have submitted Form II to the appropriate labour office by including your company name in Form II. The value of Form V is applicable to the contractor only when your company name is register in the Form II with the labour office. The Form V is issued only in the name of the contractor as their name is already registered in the Form II. The Form V will not be issued to the sub contractor by the Principle employer as their names are not mentioned in their Form II.
As a contractor we have to get form V from the principle employer and engaged our sub con under our control. All docs and other formalities are in the name of contractor only and not in the name of sub con. Suppose we want the sub con to have their own labour license, the principle employer has to enroll their name in their Form II filled with labour office and then to issue Form V.
Best
T Kumar
From India, Madras
1your principle employer must have submitted Form II to the appropriate labour office by including your company name in Form II. The value of Form V is applicable to the contractor only when your company name is register in the Form II with the labour office. The Form V is issued only in the name of the contractor as their name is already registered in the Form II. The Form V will not be issued to the sub contractor by the Principle employer as their names are not mentioned in their Form II.
As a contractor we have to get form V from the principle employer and engaged our sub con under our control. All docs and other formalities are in the name of contractor only and not in the name of sub con. Suppose we want the sub con to have their own labour license, the principle employer has to enroll their name in their Form II filled with labour office and then to issue Form V.
Best
T Kumar
From India, Madras
Dear Minakshi,
Form V to be issues by the Principle employee only , Based on that Form 5 , The contractor need to get the valid labour licence . The Labour licence is valid for only one year .
To renew the Labour licence again we have issue a Form V . So every year we need to issue a Form V for renewal of Labour Licence .
Regards
Shiva
From India, Mumbai
Form V to be issues by the Principle employee only , Based on that Form 5 , The contractor need to get the valid labour licence . The Labour licence is valid for only one year .
To renew the Labour licence again we have issue a Form V . So every year we need to issue a Form V for renewal of Labour Licence .
Regards
Shiva
From India, Mumbai
Dear Ms.Minakshi,
Suppose your company is namely 'X' and your sub Contractor is 'Y' and your contract with Z company.
In this scenario, Z is princiapl employer and X is contractor and Z shall issue Form V only to X and not to Y because Contract Agreement has been made between Z & X not between Z & X.
X has been engagmed to Y only for accounting benefit purpose.
Even if you entered in tripartite agreement i.e.among X-Y-Z and by vertue of that Tripartitate Agreement Y is working under contract in Z compnay in this case Z company shall issue Form V and also take RC for Y only and monthly bill payment shall be released in favour of Y only ( Z shall verify all legal requirement of Y).
Then what is use of X enter into tripartite agreement because in eyes of Law in above scenario X does not have any legal entity since Y is working as independent contractor.
Reards.
Sanjeev
From India, Pune
Suppose your company is namely 'X' and your sub Contractor is 'Y' and your contract with Z company.
In this scenario, Z is princiapl employer and X is contractor and Z shall issue Form V only to X and not to Y because Contract Agreement has been made between Z & X not between Z & X.
X has been engagmed to Y only for accounting benefit purpose.
Even if you entered in tripartite agreement i.e.among X-Y-Z and by vertue of that Tripartitate Agreement Y is working under contract in Z compnay in this case Z company shall issue Form V and also take RC for Y only and monthly bill payment shall be released in favour of Y only ( Z shall verify all legal requirement of Y).
Then what is use of X enter into tripartite agreement because in eyes of Law in above scenario X does not have any legal entity since Y is working as independent contractor.
Reards.
Sanjeev
From India, Pune
Dear Mr. Shiva,
I think you are also confused as regards to issue of Form - V to contractor for obtaining Contract Labour License.
Principal Employer will issue Form - V only once and for renewal of contractors labour license, the contractor will apply in Form - VII alongwith original license and the labour deportment will renew the license.
In Maharashtra all license are computerised and even though paper work has increased, the system is good. Now they started issuing computer generated licenses and Assistant/dy. Labour Commissioner will sign and issue it.
Regards,
P R Krishnan
From India, Mumbai
I think you are also confused as regards to issue of Form - V to contractor for obtaining Contract Labour License.
Principal Employer will issue Form - V only once and for renewal of contractors labour license, the contractor will apply in Form - VII alongwith original license and the labour deportment will renew the license.
In Maharashtra all license are computerised and even though paper work has increased, the system is good. Now they started issuing computer generated licenses and Assistant/dy. Labour Commissioner will sign and issue it.
Regards,
P R Krishnan
From India, Mumbai
Agree with PR Sir, There is Form VII for renewal of license and there is no need for Principal employer to issue Form V every year...
From India, Hyderabad
From India, Hyderabad
Minakshi,
I think your principal employer is correct in his approach.
He has given you a contract, and he has given you form V to get the contract labour license.
He does not have any relationship with the sub contractor, so he will not issue a form V
You can either get the employees in your own name (put them in your payroll for the duration of the project) or get the subcontractor to get a license by issuing a Form V in your own name to him.
You obviously do not want to risk the liability of the employees in your payroll, so you want to sub contract. But the principal employer is not directly responsible for it right ?
but remember that if you are taking the workers on your payroll, you need to give them new PF codes and ESIC Codes, or you will be in trouble.
From India, Mumbai
I think your principal employer is correct in his approach.
He has given you a contract, and he has given you form V to get the contract labour license.
He does not have any relationship with the sub contractor, so he will not issue a form V
You can either get the employees in your own name (put them in your payroll for the duration of the project) or get the subcontractor to get a license by issuing a Form V in your own name to him.
You obviously do not want to risk the liability of the employees in your payroll, so you want to sub contract. But the principal employer is not directly responsible for it right ?
but remember that if you are taking the workers on your payroll, you need to give them new PF codes and ESIC Codes, or you will be in trouble.
From India, Mumbai
Dear Gurumurthy Sir, Even for 2 employees,we have to obtains form V from contractor,because in our company for we are engaging contract labours, pls advise Regards. K R Ramaswamy
From India, Madras
From India, Madras
Dear Minakshi,
Your principal employer is right that your sub contractor too have to obtain a labour license.
To obtain the same principal employer has to provide form V to your sub contractor stating that they are certifying the company as they are sub contractor for you, and this is to be supported with the agreement or work order document between you and your sub contractor.
In case if your principal employer is not issuing form V and still they insist for the license, prepare and submit a request letter for Form V addressing to your principal employer and get the acknowledged copy of the same. Then in form IV for point no. 8 "Whether a certificate by the Principal Employer, in Form V is enclosed" note it as applied and enclose the acknowledgement copy and apply for license with other requirements.
Regards,
Busyblacky
From India, Madras
Your principal employer is right that your sub contractor too have to obtain a labour license.
To obtain the same principal employer has to provide form V to your sub contractor stating that they are certifying the company as they are sub contractor for you, and this is to be supported with the agreement or work order document between you and your sub contractor.
In case if your principal employer is not issuing form V and still they insist for the license, prepare and submit a request letter for Form V addressing to your principal employer and get the acknowledged copy of the same. Then in form IV for point no. 8 "Whether a certificate by the Principal Employer, in Form V is enclosed" note it as applied and enclose the acknowledgement copy and apply for license with other requirements.
Regards,
Busyblacky
From India, Madras
hi,
if your contractor deploy worker more than 20 then he required labor license, so that he required form V from principle employer, if contractor below 20 then he not required to register for labor license also not required to take form V from principle employer.
if i am wrong pls clarify me........
From India, Mumbai
if your contractor deploy worker more than 20 then he required labor license, so that he required form V from principle employer, if contractor below 20 then he not required to register for labor license also not required to take form V from principle employer.
if i am wrong pls clarify me........
From India, Mumbai
Dear Minakshi,
The principle employer is right in his action.
The principle employer has entitled to issue Form V only to his registered sub contractor to whom name has declared in his Form 2 submitted with concerned Labour Commissioner Office. Since you have not declared / furnished your sub contractor particulars to the Principle employer before appointing him for your execution, principle employer can not issue Form V on his name. In such a case your sub contractor's employee can work under your role and license for which you will be responsible for all statutory norms.
The Principle employer has to include your sub contractor particulars on his Form 2 submitted / registered with labour commissioner and then only they may be entitled to issue form V to your sub contractor through you.
Great
T . Kumar
From India, Madras
The principle employer is right in his action.
The principle employer has entitled to issue Form V only to his registered sub contractor to whom name has declared in his Form 2 submitted with concerned Labour Commissioner Office. Since you have not declared / furnished your sub contractor particulars to the Principle employer before appointing him for your execution, principle employer can not issue Form V on his name. In such a case your sub contractor's employee can work under your role and license for which you will be responsible for all statutory norms.
The Principle employer has to include your sub contractor particulars on his Form 2 submitted / registered with labour commissioner and then only they may be entitled to issue form V to your sub contractor through you.
Great
T . Kumar
From India, Madras
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