IN AN INTERVIEW, HR MANAGER ASKED SOME QUESTION FROM MY FRIEND WHICH ARE FOLLOWING:
1. EITHER ANY CONTRACTOR CAN START WORKING IN A COMPANY WITHOUT HAVING LICENSE OR CAN\'T DO START WORKING TILL RECEIVE CONTRACTOR LICENSE.
2. WHAT IS THE DIFFERENCE BETWEEN WORKER AND WORKMEN.
3. DIFFERENCE BETWEEN LEGAL CONTRACT OR ILLEGAL CONTRACT.
Please share your ideas on these questions.
From India, New Delhi
51. EITHER ANY CONTRACTOR CAN START WORKING IN A COMPANY WITHOUT HAVING LICENSE OR CAN\'T DO START WORKING TILL RECEIVE CONTRACTOR LICENSE.
2. WHAT IS THE DIFFERENCE BETWEEN WORKER AND WORKMEN.
3. DIFFERENCE BETWEEN LEGAL CONTRACT OR ILLEGAL CONTRACT.
Please share your ideas on these questions.
From India, New Delhi
1. The contractor is required to take licesnse before execution of the work (which is practically not possibe,)
referf section 12 (1)
12. Licensing of contractors
(1) With effect from such date as the appropriate government may, by notification in the Official Gazette, appoint no contractor to whom this Act applies, shall undertake or execute any work through contract labor except under and in accordance with a license issued in that behalf by the licensing officer.
2. worker is single and workmen group of workers
3. Pls refer definition of contract under Indian contract act and section 10 of indian contract act
Essential Elements of a Contract
Main Article: Essential Elements of a Contract
Essential Elements of a Contract as defined in Section 10 of the Indian Contract Act 1872
1. Agreement - Offer and Acceptance
2. Legal purpose
3. Lawful Consideration
4. Capacity to contract
5. Consent to contract
6. Lawful object
7. Certainity
8. Possibility of Performance
9. Not expressly declared void
10. Legal formalities like Writing, Registration etc.
Read more: Indian Contract Act, 1872 - LawNotes.in
If any contract does not have the above elements it would be illegal contract.
From United States
referf section 12 (1)
12. Licensing of contractors
(1) With effect from such date as the appropriate government may, by notification in the Official Gazette, appoint no contractor to whom this Act applies, shall undertake or execute any work through contract labor except under and in accordance with a license issued in that behalf by the licensing officer.
2. worker is single and workmen group of workers
3. Pls refer definition of contract under Indian contract act and section 10 of indian contract act
Essential Elements of a Contract
Main Article: Essential Elements of a Contract
Essential Elements of a Contract as defined in Section 10 of the Indian Contract Act 1872
1. Agreement - Offer and Acceptance
2. Legal purpose
3. Lawful Consideration
4. Capacity to contract
5. Consent to contract
6. Lawful object
7. Certainity
8. Possibility of Performance
9. Not expressly declared void
10. Legal formalities like Writing, Registration etc.
Read more: Indian Contract Act, 1872 - LawNotes.in
If any contract does not have the above elements it would be illegal contract.
From United States
Dear Sir,
Greetings!!
Thanks for your reply but regarding question no. 2, difference between worker and workmen is not right as mentioned. Same reply is given by my friend but interviewer rejected his answer.
From India, New Delhi
Greetings!!
Thanks for your reply but regarding question no. 2, difference between worker and workmen is not right as mentioned. Same reply is given by my friend but interviewer rejected his answer.
From India, New Delhi
1. If a contractor is deploying less than 10 contract labors, he can start working in a company without a labor license ( for West Bengal),in many other states the number is 20 or more. Contractors engaging more than 10/20 labors, must have labor license, Contract can be awarded to a contractor by an establishment only when the establishment has REGISTRATION to engage contractors. A contractor must have LICENSE from Assistant Labor Commissioner/State Govt to engage labor when the maximum number during any day of the contract period exceed 10/20, as the case may be.2. Worker is a legal term as per the building and construction workers Act 1996 but a contract labor can not be termed as worker. Legally one must get familiarized with these terms as Contract Labor, Contractual Employment, Worker, Workmen etc, In ID Act the legal term is workmen and NOT Worker. You may ring me at 9163302169 for detailed explanation. Mihir
May be the only logical explanation if the question is what is difference between Worker and Workman (not workmen)"? would be that Workman is defined in may of the labour acts such as ID Act etc. However, there is no definition for the word "worker" in any of the acts. Pls revert back if you get any answer better than the above
From United States
From United States
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Notification No G.S.R. 1128(E) Contract Labour (Regulation and Abolition) Central Amendment .pdf
LABOUR CONTRACT AGREEMENT.doc
Contract Labour Act.zip