Dear all,
We offer Contract/Temp Staffing in Mumbai and have contract staff on our payrolls working at various customer sites. At each of the customer's, the number is less than 20 employees. However, our total employee strength is more than 50. In such a scenario, Do we have to register ourselves with the Labour Commissioner.
Some Consultants say that since we are into Contract staffing, we have to register ourselves whereas some say that once the number of employees at one customer site exceed 20, then the customer has to issue Form 5 and then only we have to register.
I request your learned views and experience on this issue.
Wishing you all a Happy Deepawali &
warm regards:
Nilesh Joshi
From India, Mumbai
We offer Contract/Temp Staffing in Mumbai and have contract staff on our payrolls working at various customer sites. At each of the customer's, the number is less than 20 employees. However, our total employee strength is more than 50. In such a scenario, Do we have to register ourselves with the Labour Commissioner.
Some Consultants say that since we are into Contract staffing, we have to register ourselves whereas some say that once the number of employees at one customer site exceed 20, then the customer has to issue Form 5 and then only we have to register.
I request your learned views and experience on this issue.
Wishing you all a Happy Deepawali &
warm regards:
Nilesh Joshi
From India, Mumbai
Dear Nilesh Joshi,
Though you are offering contract staff, that means you are also using a "Name" under which all this work is going on. So, according to labour law, you are also running an organization and providing contract labour, that is second thing. In this case, you have to register for all the legal compliance like esi, epf, registration for providing contract labour, service tax, etc.
But, if you are already registered with EPF-ESI, then the Labour Commissioner know about you. You need not to register separately to the Labour Commissioner.
From India, Delhi
162Though you are offering contract staff, that means you are also using a "Name" under which all this work is going on. So, according to labour law, you are also running an organization and providing contract labour, that is second thing. In this case, you have to register for all the legal compliance like esi, epf, registration for providing contract labour, service tax, etc.
But, if you are already registered with EPF-ESI, then the Labour Commissioner know about you. You need not to register separately to the Labour Commissioner.
From India, Delhi
Dear Nilesh Joshiji,
Deepavali Greetings to you!!!
You need to see first what are the Labour Laws applicable to you. You are providing staff to various establishments / companies. There is a contract between you and the companies with whom you supply the staff. Your staff are working in the premises of such establishments / companies. In this circumstances, Contract Labour (Regulation & Abolition) Act 1970 is applicable to you. Under this Act you need to obtain a labour licence if on any day you supply 20 or more staff to such establishment / company.
Any question on Law can not be replied fully on such platform. Please do not misunderstand me. Law is a very vast and complex subject. One need to hire a practicing consultant / adviser.
Thanks & Regards.
Keshav Korgaonkar
From India, Mumbai
Deepavali Greetings to you!!!
You need to see first what are the Labour Laws applicable to you. You are providing staff to various establishments / companies. There is a contract between you and the companies with whom you supply the staff. Your staff are working in the premises of such establishments / companies. In this circumstances, Contract Labour (Regulation & Abolition) Act 1970 is applicable to you. Under this Act you need to obtain a labour licence if on any day you supply 20 or more staff to such establishment / company.
Any question on Law can not be replied fully on such platform. Please do not misunderstand me. Law is a very vast and complex subject. One need to hire a practicing consultant / adviser.
Thanks & Regards.
Keshav Korgaonkar
From India, Mumbai
Dear Nilesh
As a matter of fact you can register yourself as an establishment for supplying manpower to various agencies/companies. Then you can engage more manpower and to various companies. Furher you can register your office premise under Shops and Establishment Act, then no one can question you for such registration part.
From India, Kumbakonam
As a matter of fact you can register yourself as an establishment for supplying manpower to various agencies/companies. Then you can engage more manpower and to various companies. Furher you can register your office premise under Shops and Establishment Act, then no one can question you for such registration part.
From India, Kumbakonam
Dear Bhaskar ji,
Deepavali Greetings!!!
You are correct. Mr. Nilesh ji has to register his business / establishment under the Shops and Establishment Act. It is a statutory obligation to register any kind of establishment whether it is proprietary, partnership or private limited, public limited, run by trust etc., under the Shops and Establishment Act even no employee is employed.
The query of Mr. Nilesh ji was on registration with labour commissionarate.
Thanks and regards.
Keshav Korgaonkar
From India, Mumbai
Deepavali Greetings!!!
You are correct. Mr. Nilesh ji has to register his business / establishment under the Shops and Establishment Act. It is a statutory obligation to register any kind of establishment whether it is proprietary, partnership or private limited, public limited, run by trust etc., under the Shops and Establishment Act even no employee is employed.
The query of Mr. Nilesh ji was on registration with labour commissionarate.
Thanks and regards.
Keshav Korgaonkar
From India, Mumbai
Dear Bhaskar ji, Certain establishments are given exemptions from registration, which I want to add it over. Any query, we can be discussed. Thanks and regards. Keshav Korgaonkar
From India, Mumbai
From India, Mumbai
Dear Mr. Keshav
Please give the details of those establishment which are getting exemption from registration, as I want to know the same. I am an exserviceman and recently only I joined in this field, Hence I am not aware of those details, Please share the type of establishment which are getting exemption from registration and under which act it will get covered.
Thank you Mr. Keshav.
From India, Kumbakonam
Please give the details of those establishment which are getting exemption from registration, as I want to know the same. I am an exserviceman and recently only I joined in this field, Hence I am not aware of those details, Please share the type of establishment which are getting exemption from registration and under which act it will get covered.
Thank you Mr. Keshav.
From India, Kumbakonam
@Keshav & Bhaskar, Please note that we are already registered with ESI, PF, PT as well as Sop & Est (for registering with ESI, Shop & Est regn a prerequisite)
@Keshav, Thanks for your inputs, please note that I have mentioned in my post that different Consultants have offered divergent views and thats the key reason for me to seek expert & experienced views on this forum. Let me reiterate that Consultants offer views which may not be really/legally correct and thats when, such forums where we talk & share, can help immensely as some of us would have already undergone such a predicament earlier. You have mentioned about registering only after reaching 20employees. One of my consultant says the same whereas the other has different views.
I once again request learned views & experiences.
Regards:
Nilesh Joshi
From India, Mumbai
@Keshav, Thanks for your inputs, please note that I have mentioned in my post that different Consultants have offered divergent views and thats the key reason for me to seek expert & experienced views on this forum. Let me reiterate that Consultants offer views which may not be really/legally correct and thats when, such forums where we talk & share, can help immensely as some of us would have already undergone such a predicament earlier. You have mentioned about registering only after reaching 20employees. One of my consultant says the same whereas the other has different views.
I once again request learned views & experiences.
Regards:
Nilesh Joshi
From India, Mumbai
If you supply manpower to a contractor or any establishment, and if you supply manpower for less than 20 member, then it is the responsibility of the principal employer/client who has to maintain the licensing procedure and other documents on behalf of the contractor.
You have to maintain all the statutory records like workmen register in total and clientwise, attendance register, overtime register, Wages Register, PF Monthly Remittance record, PT Remittance Record, ESI Remittance Record, PF, PT and ESI Records should match with the records of Workmen Register, Attendance Register and Wages Register, Bonus Register (Form C of Payment of Bonus Rules), Nomination Form for every workmen (Form F as per Payment of Gratuity Rules), and any other relevant documents as required by your clients/principal employer of any concerned premises.
For that one PE's requirement on the concerned premise you can obtain license to satisfy the requirement of that employer. We have to satisfy the requirement of PE, then only we can keep a cordial relationship, which will keep our business in longrun.
All the best
From India, Kumbakonam
You have to maintain all the statutory records like workmen register in total and clientwise, attendance register, overtime register, Wages Register, PF Monthly Remittance record, PT Remittance Record, ESI Remittance Record, PF, PT and ESI Records should match with the records of Workmen Register, Attendance Register and Wages Register, Bonus Register (Form C of Payment of Bonus Rules), Nomination Form for every workmen (Form F as per Payment of Gratuity Rules), and any other relevant documents as required by your clients/principal employer of any concerned premises.
For that one PE's requirement on the concerned premise you can obtain license to satisfy the requirement of that employer. We have to satisfy the requirement of PE, then only we can keep a cordial relationship, which will keep our business in longrun.
All the best
From India, Kumbakonam
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