Our Company is a public sector undertaking based in Kolkata. We have some checking procedures which are to be ensured before engagement of any Contractor / Contract Labour, viz., while engagement of a contractor, the contractor must submit Work order copy, Establishment PF/ESI code no., Labour License etc. at the beginning of their work and Copies of wages register and PF and ESI challans and contributions sheet etc. on monthly basis. During application of gate pass for contract labours or renewal of gate pass of contract labour, the contractor has to fill up a form wherein contract labor’s PF and ESI no. must be mentioned alongwith supporting documents and the contractor must bring in updated workmen register too. These processes are applicable for all the contractors who are engaged for any kind of job work or manpower services. It is needless to say that to ensure proper checking some time is required by our department.
Recently we have signed a MOU with and issued work order to another public sector undertaking for jobs related to building construction within our premises. That PSU has engaged one sub-contractor who is providing manpower and also ensure the necessary statutory compliance. As per my view this PSU must ensure all the procedures and compliance like other contractors. However that PSU has asked us in writing to treat them separately and not to compel them to go through all such compliance check ins so that lead time in engaging labour may be reduced. They are stating that as they are a public sector undertaking so we can be rest assured of all statutory compliance and referring the MOU document (an agreement on stamp paper) wherein they have taken all the responsibilities of statutory compliance.
In view of above can we as principal employer have any scope to treat a contractor separately as because it is a PSU? The issue is getting a bit complicated as that PSU (contractor) are approaching to our higher ups for resolution of the same. We have a meeting with that contractor on today evening wherein we have to give them a clear picture whether any such special treatment may be allowed to them or not.
Your early reply will be helpful.
Regards,
DG
From India, Delhi
4Recently we have signed a MOU with and issued work order to another public sector undertaking for jobs related to building construction within our premises. That PSU has engaged one sub-contractor who is providing manpower and also ensure the necessary statutory compliance. As per my view this PSU must ensure all the procedures and compliance like other contractors. However that PSU has asked us in writing to treat them separately and not to compel them to go through all such compliance check ins so that lead time in engaging labour may be reduced. They are stating that as they are a public sector undertaking so we can be rest assured of all statutory compliance and referring the MOU document (an agreement on stamp paper) wherein they have taken all the responsibilities of statutory compliance.
In view of above can we as principal employer have any scope to treat a contractor separately as because it is a PSU? The issue is getting a bit complicated as that PSU (contractor) are approaching to our higher ups for resolution of the same. We have a meeting with that contractor on today evening wherein we have to give them a clear picture whether any such special treatment may be allowed to them or not.
Your early reply will be helpful.
Regards,
DG
From India, Delhi
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Statutory Compliance of a Industrial or Commercial Unit.xls
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