Hello every body
Some of u have cited that 1 day leave for every 20 days working. My question which act u are refering whether Factory Act or any specific section is mentioned in CL Act-1970. Please give legal reference specific.
tapan
From India, Hyderabad
4Some of u have cited that 1 day leave for every 20 days working. My question which act u are refering whether Factory Act or any specific section is mentioned in CL Act-1970. Please give legal reference specific.
tapan
From India, Hyderabad
Dear
The contract labour Act clearly says that the leave benefits shall be as per the Fact Act/National & Festival holidays Act of the state, but if principla employer is giving more benefits to its workmen covered under the above Act, than those rules will be applicable
ak malhotra
Sr General Manager
From India, Guwahati
The contract labour Act clearly says that the leave benefits shall be as per the Fact Act/National & Festival holidays Act of the state, but if principla employer is giving more benefits to its workmen covered under the above Act, than those rules will be applicable
ak malhotra
Sr General Manager
From India, Guwahati
Dear, I fully agree with ACCHR on the issue. When you are engaging contract labour in your factories then they are entitle for PL/EL under the provisions of Factories Act 1948. regards, manoranjan
From India, Delhi
From India, Delhi
Dear all
for contract labours leave benfits will applicable as per factory act 1948(20days/1dayleave), and also bonus and gratuity act also applicable to contract labours,
and then BOCW act 1996 also applicable in karnataka state also where
ten or more building workers in any building or other construction work.
in karnataka licensing athourity is Labour officer,
need to pay cess under this act, 1% of the total cost of project, either pay principal employer or contractor or sub contractor
santhosh
labour compliance
ABB Ltd
From India
for contract labours leave benfits will applicable as per factory act 1948(20days/1dayleave), and also bonus and gratuity act also applicable to contract labours,
and then BOCW act 1996 also applicable in karnataka state also where
ten or more building workers in any building or other construction work.
in karnataka licensing athourity is Labour officer,
need to pay cess under this act, 1% of the total cost of project, either pay principal employer or contractor or sub contractor
santhosh
labour compliance
ABB Ltd
From India
R/ Members,
Though this post is very old one but yet the members are responding till now.Therefore, we would also like to share our opinion towards this important query. Orignal subject is that wherher leave rules are applicable under Contract Labour Act/ whether leave is permitted to contract labour under C L Act,1970.
In our opinion, there is no such provision in this act which provide leaves to the contract workers but where this Act is applicable & the work of contract labour & the directly employed workers of Principal Employers is the same or of simillar nature then the conditions of employment i.e. wages,leaves etc.will be the same in both the cases as per the terms & conditions of Licence issued in this behalf by the Govt.After examination of Punjab Industrial Establishment (N F H & C & S Leave) Act,1965, this Act does not seems to apply to the contractors. If ESI Act,1948 is applicable then in that case those leaves provisions will be applicable to contract workers.Members are advised to go through their State/ Central Rules which ever is applicable in their case before taking any action in the matter as we are putting our opinion as per Haryana CL Rules.
Reagrds,
R.N.Khola
Sr.Associate
From India, Delhi
Though this post is very old one but yet the members are responding till now.Therefore, we would also like to share our opinion towards this important query. Orignal subject is that wherher leave rules are applicable under Contract Labour Act/ whether leave is permitted to contract labour under C L Act,1970.
In our opinion, there is no such provision in this act which provide leaves to the contract workers but where this Act is applicable & the work of contract labour & the directly employed workers of Principal Employers is the same or of simillar nature then the conditions of employment i.e. wages,leaves etc.will be the same in both the cases as per the terms & conditions of Licence issued in this behalf by the Govt.After examination of Punjab Industrial Establishment (N F H & C & S Leave) Act,1965, this Act does not seems to apply to the contractors. If ESI Act,1948 is applicable then in that case those leaves provisions will be applicable to contract workers.Members are advised to go through their State/ Central Rules which ever is applicable in their case before taking any action in the matter as we are putting our opinion as per Haryana CL Rules.
Reagrds,
R.N.Khola
Sr.Associate
From India, Delhi
CONTRACT LABOUR ACT
Applicability:
The Act applies to [The Principal Employer of an Establishment] and the contractors employed as more than 20 workmen are/were employed on one day during last year as contract labour.
Registration of Establishment & its fee:
The Principal Employer of an establishment to whom the Act is applicable is required to get himself registered with the Registering Officer of the area i.e. the Assistant Labour Commissioner or the Labour-cum-Conciliation Officer by submitting an application in triplicate in Form-I along with the prescribed fee mentioned herein under.
Grant of certificate of registration:
If the application for registration is complete in all respects, the registering officer shall register the establishment and issue to the principal employer of the establishment a certificate of registration in Form II.
Amendment of certificate of registration:
If in relation to an establishment, there is any change in the particulars specified in the certificate of registration, the principal employer of the establishment shall intimate to the registering officer within thirty days from the date when such change takes place, the particulars of, and the reasons for, such change. On the receipt of the intimation the registering officer is satisfied that there has occurred a change in the particulars of the establishment, as entered in the register in Form III.
Application for a Licence:
The Principal employer shall within 15 days of the commencement or completation of each contract work under each contractor, submit a RETURN to the inspector, appointed ,intimating the actual dates for commencement or completion of such contract work, in FormVI-B.
Maintenance of records and submission of returns by Principal Employer:-
Register of contractors in respect of every establishment in Form XII and annual return in Form XXV in duplicate before 15th February.
Filing of Annual Return:
The principal employer shall send annually return in Form-XXV (in duplicate) so as to reach the Registering officer concerned not later than 15th February following the end of the year to which relates.
Display of Notices& Abstract of Act and Rules:
DIPTI SRIVASTAVA
ADVOCATE
From India, Mumbai
Applicability:
The Act applies to [The Principal Employer of an Establishment] and the contractors employed as more than 20 workmen are/were employed on one day during last year as contract labour.
Registration of Establishment & its fee:
The Principal Employer of an establishment to whom the Act is applicable is required to get himself registered with the Registering Officer of the area i.e. the Assistant Labour Commissioner or the Labour-cum-Conciliation Officer by submitting an application in triplicate in Form-I along with the prescribed fee mentioned herein under.
Grant of certificate of registration:
If the application for registration is complete in all respects, the registering officer shall register the establishment and issue to the principal employer of the establishment a certificate of registration in Form II.
Amendment of certificate of registration:
If in relation to an establishment, there is any change in the particulars specified in the certificate of registration, the principal employer of the establishment shall intimate to the registering officer within thirty days from the date when such change takes place, the particulars of, and the reasons for, such change. On the receipt of the intimation the registering officer is satisfied that there has occurred a change in the particulars of the establishment, as entered in the register in Form III.
Application for a Licence:
- Every application by a contractor for the grant of Licence shall be made in triplicate Form IV, to the licensing officer of the area.
- Every application for the grant of a licence shall be accompanied by a certificate by the Principal employer in Form V.
- Every Licence shall be granted in Form VI.
The Principal employer shall within 15 days of the commencement or completation of each contract work under each contractor, submit a RETURN to the inspector, appointed ,intimating the actual dates for commencement or completion of such contract work, in FormVI-B.
Maintenance of records and submission of returns by Principal Employer:-
Register of contractors in respect of every establishment in Form XII and annual return in Form XXV in duplicate before 15th February.
Filing of Annual Return:
The principal employer shall send annually return in Form-XXV (in duplicate) so as to reach the Registering officer concerned not later than 15th February following the end of the year to which relates.
Display of Notices& Abstract of Act and Rules:
- The principal employer shall display Notices showing the rates of wages, hours of work, wage period, dates of payment of wages name and addresses of the inspectors having jurisdiction, and date of payment of unpaid wages in English and in Hindi and in the local language understood by the majority of workers.
- Contractor shall display an abstract of the act and rules in English and Hindi or in the local language understood by the majority of workers.
- The employer has to ensure that the contractor is paying wages to his workmen before expiry of the 7th day of every month if the number of workers employed in the Company does not exceed a thousand, or before the expiry of the 10th day of every month if the number of workers employed in such Company are more than one thousand.
- To ensure that minimum wages are paid to contract labour.
- The Principal Employer shall pay wages in full to the contract workmen in case if the contractor fails to pay the same.
- The principal employer is statutorily responsible for payment of wages to contract labourers including arrears, in case, contractor commits default which he can recover from the contractor by deducting from any amount payable to him or as debt payable to him or as debt payable by him.
- The Act stipulates the obligation of principal employer and contractor employing contract labour to provide canteens facilities. In case of failure on the part of the contractor to provide such facilities, the Principal Employer is made liable to provide the amenities.
- The principal employer shall ensure while making payment to the contractor that the contractor has paid the employees provident fund contributions deductions both of the contractor and employees on time.
- The Act enjoins obligation on every principal employer and every contractor to maintain the registers and records.
- The principal employer shall send the return annually so that it reaches the registering officer not later than 15th February following the end of the year to which it relates.
- Muster Roll(Form-XVI)
- Register of Wages(Form-XVII)
- Register of Deductions for damage or loss (Form-XX)
- Register of Overtime(Form-XXIII)
- Register of Fines (Form-XXI)
- Register of Advances(Form-XXII)
- Wage slip(Form-XIX)
- Maintain register of employed person in Form-XII.
- Shall issue an employment card in Form –XIV.
- Shall issue a service certificate in Form-XV
DIPTI SRIVASTAVA
ADVOCATE
From India, Mumbai
Dear all,
our company is telecom company ,we hired employees on contract basis ,for fixed tenure i.e for one year.does leave policy applicable under contract labour act as we have taken labour license for it.can anybody specify wether leave policy is applicabe or not ?
regards
mohan chauhan
From India, Mumbai
our company is telecom company ,we hired employees on contract basis ,for fixed tenure i.e for one year.does leave policy applicable under contract labour act as we have taken labour license for it.can anybody specify wether leave policy is applicabe or not ?
regards
mohan chauhan
From India, Mumbai
Dear Mohan Chauhan,
Leave policies are framed by us keeping in view the bare minimum statutory leaves,if any, applicable under any of the laws & not under any Act. If you are working as a contractor in the telecom company which is covered under The Factories act,1948 then in that case you are also to give earned leaves to your workers/employees which are may be employed for a fixed term contractual employment under the provisions of this Act. No leave provisions are there in the Contract Labour (R&A) Act,1970.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
Leave policies are framed by us keeping in view the bare minimum statutory leaves,if any, applicable under any of the laws & not under any Act. If you are working as a contractor in the telecom company which is covered under The Factories act,1948 then in that case you are also to give earned leaves to your workers/employees which are may be employed for a fixed term contractual employment under the provisions of this Act. No leave provisions are there in the Contract Labour (R&A) Act,1970.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
Dear all,
can anybody help me in getting the clear picture of leave policy for fixed term employees.as my company is a telecom company, where we hire candidate on contract basis to sale our product in market.we have taken labour license for it
kindly suggest.
Apreciate your view
regards
mohan
From India, Mumbai
can anybody help me in getting the clear picture of leave policy for fixed term employees.as my company is a telecom company, where we hire candidate on contract basis to sale our product in market.we have taken labour license for it
kindly suggest.
Apreciate your view
regards
mohan
From India, Mumbai
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LEAVE RULES.doc