Dear Friends,
I need a follwing clarifications on the Contract Labour Act:
1. Can a Full time employee working in an organisation, can be made a full time contractor of the same company, without leave the services of the compnay.
2. Can a Full time employee in the company, who is having Contractor's license in his mothers name, and also running a sub-contract, without making and notings to the labour office.
3. Licnense has been expired and not renuewed, but still the contact is on...
Please explain on these points at the earliest.
Thanks and regards,
Deepak Gehlot
From India, Delhi
10I need a follwing clarifications on the Contract Labour Act:
1. Can a Full time employee working in an organisation, can be made a full time contractor of the same company, without leave the services of the compnay.
2. Can a Full time employee in the company, who is having Contractor's license in his mothers name, and also running a sub-contract, without making and notings to the labour office.
3. Licnense has been expired and not renuewed, but still the contact is on...
Please explain on these points at the earliest.
Thanks and regards,
Deepak Gehlot
From India, Delhi
Dear Deepak
Point no 1. As per Employment act no Employee can engage himself in dual employment as well as in some other monetary activity.This is also mentioned in appontment letter.
point no 2. The Employee can not be a sub-contractor.
point no 3. If labor licence is not got renewed any mishappening with contractors' workers ,principal employer will be responsible.
any more clarification...........
Regards
Anshuman
From India, Delhi
Point no 1. As per Employment act no Employee can engage himself in dual employment as well as in some other monetary activity.This is also mentioned in appontment letter.
point no 2. The Employee can not be a sub-contractor.
point no 3. If labor licence is not got renewed any mishappening with contractors' workers ,principal employer will be responsible.
any more clarification...........
Regards
Anshuman
From India, Delhi
Could you plz tell me about ESI.....If a employee has death during employement then what benefit will provide by ESI... & IF He was contribute two month in ESI Account. Plz suggest me ASAP
From India, Gurgaon
From India, Gurgaon
Dear Nikhil,
Welcome to CiteHR.
It is always better to post query on similar or separate thread. This thread relates to Contract Labour Act.
With Regards,
R.N.Khola
From India, Delhi
Welcome to CiteHR.
It is always better to post query on similar or separate thread. This thread relates to Contract Labour Act.
With Regards,
R.N.Khola
From India, Delhi
Dear Deepak: The clarifications I can offer are as follows:
1. An employee cannot be the contractor at the same time. Pl. check the Standing Orders if you have one. Otherwise, under the Model Standing Orders provision exists for exclusive service with the establishment which employs him. In fact it will be sending a totally wrong signal to others. Sooner or later there will be clash of interests and it will not be in organisational interest too.So I would defintely say no it.
2. Doing business in the mother's name is also equally bad. This would be a misconduct in many standing orders.
3. The contractor is required to have a valid labour license while executing the work. He should be issued a notice to submit renewed license by a specific date, failing which you could consider action like stopping his further payment to stopping the contract itself.
Hope this clarifies.
KK
From India, Bhopal
1. An employee cannot be the contractor at the same time. Pl. check the Standing Orders if you have one. Otherwise, under the Model Standing Orders provision exists for exclusive service with the establishment which employs him. In fact it will be sending a totally wrong signal to others. Sooner or later there will be clash of interests and it will not be in organisational interest too.So I would defintely say no it.
2. Doing business in the mother's name is also equally bad. This would be a misconduct in many standing orders.
3. The contractor is required to have a valid labour license while executing the work. He should be issued a notice to submit renewed license by a specific date, failing which you could consider action like stopping his further payment to stopping the contract itself.
Hope this clarifies.
KK
From India, Bhopal
Dear Anshumanjubl
Will you please elaborate more about the Employment Act. As far as I know there is no such Act in India at least. The various laws (Acts) that govern Employment Regulations in India which regulate labour and employment in India are:
* Apprentices Act, 1961
* Beedi Workers Welfare Fund Act, 1976
* Bonded Labour System (Abolition) Act, 1976
* Building and Other Construction Workers (Regulation of Employment Service) Act, 1996
* Child Labour (Prohibition & Regulation) Act, 1986
* Children (Pledging of Labour) Act, 1933
* Maternity Benefit Act, 1961
* Minimum Wages Act, 1948
* National Commission for Safai Karamcharis Act, 1993
* Payment of Bonus Act, 1965
* Payment of Gratuity Act, 1972
* Payment of Wages Act, 1936
* Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
* Cine-workers Welfare Fund Act, 1981
* Contract Labour (Regulation & Abolition) Act, 1970
* Dangerous Machines (Regulation) Act, 1983
* Dock Workers (Regulation of Employment) Act, 1948
* Dock Workers (Safety, Health and Welfare) Act, 1986
* Employees Provident Fund & Miscellaneous Provisions Act, 1952
* Employees' State Insurance Act, 1948
* Employers' Liability Act, 1938
* Equal Remuneration Act, 1976
* Factories Act, 1948
* Industrial Disputes Act, 1947
* Industrial Employment (Standing Orders) Act, 1946
* Inter-State Migrant Workmen (Regulation of Employment and Condition of Service) Act, 1979
* Labour Laws (Exemption from Furnishing Returns & Maintaining Registers by Certain Est.s) Act, 1988
* Pensions Act, 1871
* Sales Promotion Employees (Conditions of Service) Act, 1976
* Seamen's Provident Fund Act, 1966
* Trade Union Act, 1926
* Weekly Holidays Act, 1948
* Workmen's Compensation Act, 1923
I think you are talking about the Contract Labour (Regulation & Abolition) Act, 1970.
Please be very particular while you post, as this may confuse the innocent person seeking help.
From India, Chandigarh
Will you please elaborate more about the Employment Act. As far as I know there is no such Act in India at least. The various laws (Acts) that govern Employment Regulations in India which regulate labour and employment in India are:
* Apprentices Act, 1961
* Beedi Workers Welfare Fund Act, 1976
* Bonded Labour System (Abolition) Act, 1976
* Building and Other Construction Workers (Regulation of Employment Service) Act, 1996
* Child Labour (Prohibition & Regulation) Act, 1986
* Children (Pledging of Labour) Act, 1933
* Maternity Benefit Act, 1961
* Minimum Wages Act, 1948
* National Commission for Safai Karamcharis Act, 1993
* Payment of Bonus Act, 1965
* Payment of Gratuity Act, 1972
* Payment of Wages Act, 1936
* Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
* Cine-workers Welfare Fund Act, 1981
* Contract Labour (Regulation & Abolition) Act, 1970
* Dangerous Machines (Regulation) Act, 1983
* Dock Workers (Regulation of Employment) Act, 1948
* Dock Workers (Safety, Health and Welfare) Act, 1986
* Employees Provident Fund & Miscellaneous Provisions Act, 1952
* Employees' State Insurance Act, 1948
* Employers' Liability Act, 1938
* Equal Remuneration Act, 1976
* Factories Act, 1948
* Industrial Disputes Act, 1947
* Industrial Employment (Standing Orders) Act, 1946
* Inter-State Migrant Workmen (Regulation of Employment and Condition of Service) Act, 1979
* Labour Laws (Exemption from Furnishing Returns & Maintaining Registers by Certain Est.s) Act, 1988
* Pensions Act, 1871
* Sales Promotion Employees (Conditions of Service) Act, 1976
* Seamen's Provident Fund Act, 1966
* Trade Union Act, 1926
* Weekly Holidays Act, 1948
* Workmen's Compensation Act, 1923
I think you are talking about the Contract Labour (Regulation & Abolition) Act, 1970.
Please be very particular while you post, as this may confuse the innocent person seeking help.
From India, Chandigarh
Dear Mr. J S Malik,
You have replied in your response that "if a company is hiring employee on contract with out valid licence than they will be treated company employees if dispute arises", which is not correct.
The Principal Employer will not be bound to absorb the contract labour, if a contractor does not have a valid licence under the Contract Labour (R&A) Act, 1970. It will only be a contravention of Section 23 of the said Act.
Even if the Principal Employer does not have a registration certificate under the said Act, absorbtion of contract labour will not be awarded as a punishment.
Regards,
Rohit
From United States, Cincinnati
You have replied in your response that "if a company is hiring employee on contract with out valid licence than they will be treated company employees if dispute arises", which is not correct.
The Principal Employer will not be bound to absorb the contract labour, if a contractor does not have a valid licence under the Contract Labour (R&A) Act, 1970. It will only be a contravention of Section 23 of the said Act.
Even if the Principal Employer does not have a registration certificate under the said Act, absorbtion of contract labour will not be awarded as a punishment.
Regards,
Rohit
From United States, Cincinnati
Hi Friends,
Need a help with action against dual employment
one of our employee found to be working in another company for a period of 1 month after joining our firm,
Please advice appropriate action against the same.
Currently he is not working with us we found this when we got his Fom16 A from other company.
Looking forward for your earliest help on this.
Best Regards,
Anitha sirnivas.
From India, Bangalore
Need a help with action against dual employment
one of our employee found to be working in another company for a period of 1 month after joining our firm,
Please advice appropriate action against the same.
Currently he is not working with us we found this when we got his Fom16 A from other company.
Looking forward for your earliest help on this.
Best Regards,
Anitha sirnivas.
From India, Bangalore
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SELF-CERTIFICAT E PROFORMA UNNDER CONTRACT LABOUR (R&A) ACT, 1970.doc
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