Dear All,
As per Form IV, we need to give name & address etc of Principal Employer also. What would happen if
1) PE employ less than 20 contract Labour
2) If contractor provides Labour to more than one PE
Regards
Krishan
From India, Gurgaon
1As per Form IV, we need to give name & address etc of Principal Employer also. What would happen if
1) PE employ less than 20 contract Labour
2) If contractor provides Labour to more than one PE
Regards
Krishan
From India, Gurgaon
Pre-requisites of the Principal Employer (PE) under CLRA Act (Haryana)
When contract labour in excess of 20 or more is engaged, PE should apply for a Registration Certificate under Contract Labour (Regulation & Abolition) Act (Central). In case of less than 20 persons, RC is not required but if contractor is covered under the CLRA Act then RC should be obtained to facilitate the Contractor to obtain a license to provide you labour.
Should keep a regular check on the number of Contract workers engaged so that the same may not cross the permissible limits as per the contract labour RC/ license.
If the premise is a Factory, the number of labour including the Contract labour shall not exceed the limit for the maximum number of people that could be engaged within the factory premises as per the Factory license too.
Penalties : Contravention of section 7 and 12 are penal (Registration & Licensing)
Sec 23. Contravention of provisions regarding employment of contract labour.—Whoever contravenes any provision of this Act or of any rules made there under prohibiting, restricting or regulating the employment of contract labour, or contravenes any condition of a license granted under this Act, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both, and in the case of a continuing contravention with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention.
From India, Gurgaon
When contract labour in excess of 20 or more is engaged, PE should apply for a Registration Certificate under Contract Labour (Regulation & Abolition) Act (Central). In case of less than 20 persons, RC is not required but if contractor is covered under the CLRA Act then RC should be obtained to facilitate the Contractor to obtain a license to provide you labour.
Should keep a regular check on the number of Contract workers engaged so that the same may not cross the permissible limits as per the contract labour RC/ license.
If the premise is a Factory, the number of labour including the Contract labour shall not exceed the limit for the maximum number of people that could be engaged within the factory premises as per the Factory license too.
Penalties : Contravention of section 7 and 12 are penal (Registration & Licensing)
Sec 23. Contravention of provisions regarding employment of contract labour.—Whoever contravenes any provision of this Act or of any rules made there under prohibiting, restricting or regulating the employment of contract labour, or contravenes any condition of a license granted under this Act, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both, and in the case of a continuing contravention with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention.
From India, Gurgaon
Hi Please mention the State under which you are applying RC as State rules differ for the number of workers employed.
From India, Mumbai
From India, Mumbai
Dear All I am having one doubt that like contractor, shall Pricipal Employer has to renewal his license every year Regards Naveen
From India, Hyderabad
From India, Hyderabad
Dear Naveen,
This is to inform you that contractor is required to get license whereas the Principal Employer is to get registration certificate if they are covered under the Contract Labour (R&A) Act, 1970.Only Contractors are to apply for renewal of license every year while PE is required to apply for amendment in R C if there is any change in particulars of R C.
[SIZE=1]R.N.KHOLA
[B][COLOR=#3366FF][FONT=Verdana]
From India, Delhi
This is to inform you that contractor is required to get license whereas the Principal Employer is to get registration certificate if they are covered under the Contract Labour (R&A) Act, 1970.Only Contractors are to apply for renewal of license every year while PE is required to apply for amendment in R C if there is any change in particulars of R C.
[SIZE=1]R.N.KHOLA
[B][COLOR=#3366FF][FONT=Verdana]
From India, Delhi
Dear Naveen
Please note that principal employers are granted registration certificates (RC) & contractors are granted license. Principal employers have to amend their RC's as & when there are changes in contractors or other details. Contractors have to renew the licenses as when they expire. Hope this clarifies.
From India, Mumbai
Please note that principal employers are granted registration certificates (RC) & contractors are granted license. Principal employers have to amend their RC's as & when there are changes in contractors or other details. Contractors have to renew the licenses as when they expire. Hope this clarifies.
From India, Mumbai
Dear Khola saheb
Just need one clerity on this
Principle employer has employeed contract labout more than 20 , but all are diffrent branches as watch and ward, no location has nore than 20 are engaged, Whether P.E need to apply for R.C.
Regards
Anirban BIswas
From India, Mumbai
Just need one clerity on this
Principle employer has employeed contract labout more than 20 , but all are diffrent branches as watch and ward, no location has nore than 20 are engaged, Whether P.E need to apply for R.C.
Regards
Anirban BIswas
From India, Mumbai
Dear Anirban Biswas,
In my opinion first we should examine the definition of the establishment as this Act applies to every establishment in which 20 or more workmen are employed or were employed on any day of the preceding twelve moths as contract labour. According to section 2(e) (ii) ‘establishment’ means – any place where any industry, trade, business, manufacturing or occupation is carried on. Now as offices/places are different & none of the place is employing 20 or more workmen then in that case this Act is not applicable.
Comments/opinion submitted as requested.
[SIZE=1][B][COLOR=red][FONT=Verdana]R.N.KHOLA
From India, Delhi
In my opinion first we should examine the definition of the establishment as this Act applies to every establishment in which 20 or more workmen are employed or were employed on any day of the preceding twelve moths as contract labour. According to section 2(e) (ii) ‘establishment’ means – any place where any industry, trade, business, manufacturing or occupation is carried on. Now as offices/places are different & none of the place is employing 20 or more workmen then in that case this Act is not applicable.
Comments/opinion submitted as requested.
[SIZE=1][B][COLOR=red][FONT=Verdana]R.N.KHOLA
From India, Delhi
Please note that every premises/ location is considered separate establishment. In case different loaction in same factory/ premises than supervision and control sould be separate. like Two different companies in same premises.
If branches are located at different places or locality then consider the branches as separate.
If same establishment employed more than 20 person as contract labour through more than 1 contractors employing less than 20 from single contractor than as per deifinition it is covered under the act. "PE" should get registered his establishment. However Contractors will be not be covered untill they employ more than 20 person.
From India, Gurgaon
If branches are located at different places or locality then consider the branches as separate.
If same establishment employed more than 20 person as contract labour through more than 1 contractors employing less than 20 from single contractor than as per deifinition it is covered under the act. "PE" should get registered his establishment. However Contractors will be not be covered untill they employ more than 20 person.
From India, Gurgaon
Dear R.N.KHOLA Sir,
Please solve my one query.
We have a manufacturing unit in Haryana. We want to engage contractor Labour. We want to engage contract labour in Production as HELPER, OPERATOR, ELECTRICIAN. We have already applied for RC. But so far we have not received the RC. Now is it right to engage the contract worker in core activities without getting the RC (as we have so far applied for not Received)? Is it punishable under the Act? We have applied the RC for more than 200 employees but the capacity of Factory licence is only 300. In this case can we denied for the RC by Labour Commissioner.
From India, New Delhi
Please solve my one query.
We have a manufacturing unit in Haryana. We want to engage contractor Labour. We want to engage contract labour in Production as HELPER, OPERATOR, ELECTRICIAN. We have already applied for RC. But so far we have not received the RC. Now is it right to engage the contract worker in core activities without getting the RC (as we have so far applied for not Received)? Is it punishable under the Act? We have applied the RC for more than 200 employees but the capacity of Factory licence is only 300. In this case can we denied for the RC by Labour Commissioner.
From India, New Delhi
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CLRA Amendment 2018.pdf
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