Dear All,
Would like to know whether CLRA is applicable in the case mentioned below, If yes who will be responsible for the liability
We are a Contractor having 15 workers engaged at our site, on same site we have appointed a Sub Contractor on who's muster there are 22 workers. As such who is liable to obtain Contract Labour License.
The Contract agreement is between us and the client & not with the sub contractor, we have a normal agreemnt with sub contractor
Pls revert.
Thanks
MCS
From India, Pune
2Would like to know whether CLRA is applicable in the case mentioned below, If yes who will be responsible for the liability
We are a Contractor having 15 workers engaged at our site, on same site we have appointed a Sub Contractor on who's muster there are 22 workers. As such who is liable to obtain Contract Labour License.
The Contract agreement is between us and the client & not with the sub contractor, we have a normal agreemnt with sub contractor
Pls revert.
Thanks
MCS
From India, Pune
Since you have made a subcontract for 22 employees whereas the principal employer (your client) has no legal relationship with the so called sub contractor, your total number of employees will be deemed to be 37 (15+22) and, therefore, you have to obtain Contract Licence. On the other hand, if there existed a contract between the Principal employer and the sub contractor, then you will be exempted but the sub contractor will be held liable to take contract licence. In such case, there will not be any sub contractor but he himself will be a contractor.
Under both the circumstance, the Principal employer should also get Registration under the Contract Labour (Regulation and Abolition) Act.
Regards,
Madhu.T.K
From India, Kannur
Under both the circumstance, the Principal employer should also get Registration under the Contract Labour (Regulation and Abolition) Act.
Regards,
Madhu.T.K
From India, Kannur
[QUOTE=mcs_2008;1207407]Dear All,
If less than 20 contractor's workmen are engaged in a site there is no need for any Registration or labour licence.
If a contract is entered with either sub-contractor or the main contractor, the responsibility will be decided based on the provisions of the terms and conditions of the contract.
From India, Madras
If less than 20 contractor's workmen are engaged in a site there is no need for any Registration or labour licence.
If a contract is entered with either sub-contractor or the main contractor, the responsibility will be decided based on the provisions of the terms and conditions of the contract.
From India, Madras
I look after all contract labour and statutory compliance. We have awarde the EPC contract to Punj LLoyds but said agency have enaged several sub agency how i will keep track on sub contractors because we have isued Form V for obtain the Labour Licence being Principal Emplyer.
From India, Mumbai
From India, Mumbai
Hi
I have seen from past experience that on some occassions Labour Department asks for registration of subcontractors as a contractor of Principal Employer. But since PE does not have any legal relation with the subcons it is not possible to officially show them as contractors in the Registration Certificate of CLRA.
I understand, anyway ultimate responsibility of the workmen of the subcons also rests with PE.
My question is how justified is the claim of Labour Department to include the name of subcons in the CLRA RC?
I have seen from past experience that on some occassions Labour Department asks for registration of subcontractors as a contractor of Principal Employer. But since PE does not have any legal relation with the subcons it is not possible to officially show them as contractors in the Registration Certificate of CLRA.
I understand, anyway ultimate responsibility of the workmen of the subcons also rests with PE.
My question is how justified is the claim of Labour Department to include the name of subcons in the CLRA RC?
The stand of Labour Department is not right. The requirement may be for extraneous reasons.
From India, Nellore
From India, Nellore
Hi,
we also have sub contractor but we don't made any agreement with sub contractor.can any body please provide me draft of agreement to be made between main contractot and subcontractor
Thanks
Shankar
From India, Mumbai
we also have sub contractor but we don't made any agreement with sub contractor.can any body please provide me draft of agreement to be made between main contractot and subcontractor
Thanks
Shankar
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
AP - CLRA Act - Amendment.PDF
Form VI-WAGE SLIPS-CLRA- (Rule 29(2) PW Act & Rule.docx
Amendment to Payment of Bonus Act 2015.jpg