Dear All,
I would highly appreicate if my hr friends can let me know the following :
[1] MAXIMUM NUMBER OF DAYS CASUAL/CONTRACTUAL WORKMAN CAN BE EMPLOYED WITHOUT CLAIM FOR PERMANENCY.
[2] APPLICABILITY OF P/F AND OTHER LABOUR COMPLIANCES FOR ENGAGING LABOUR AT PROJECT SITES AND WHAT DOCUMENTATION TI BE MAINTAINED AT SITE ETC.
[3] P/F APPLICABILITY ON LEAVE ENCASHMENT, INCENTIVE AND EX-GRATIA.
Please let me have your valuable suggestion on the above. Kindly note that this information is required very URGENTLY.
I look forward to hearing back from all of you at the earliest.
Thanks & regards,
Rekha
Thanks & regards,
Rekha
From India, Delhi
14I would highly appreicate if my hr friends can let me know the following :
[1] MAXIMUM NUMBER OF DAYS CASUAL/CONTRACTUAL WORKMAN CAN BE EMPLOYED WITHOUT CLAIM FOR PERMANENCY.
[2] APPLICABILITY OF P/F AND OTHER LABOUR COMPLIANCES FOR ENGAGING LABOUR AT PROJECT SITES AND WHAT DOCUMENTATION TI BE MAINTAINED AT SITE ETC.
[3] P/F APPLICABILITY ON LEAVE ENCASHMENT, INCENTIVE AND EX-GRATIA.
Please let me have your valuable suggestion on the above. Kindly note that this information is required very URGENTLY.
I look forward to hearing back from all of you at the earliest.
Thanks & regards,
Rekha
Thanks & regards,
Rekha
From India, Delhi
Hi Rekha,
The following are some do and don'ts for Principal Employer in engaging Contract Labour:
* Before engaging contractor, the employer should ensure that there is no such notification by the government prohibiting contract labour system in that particular industry.
* The establishment in the first instance, must ensure that they have got a registration certificate from the competent authority as provided u/s 7 of the Contract Labour (R&A) Act, 1970 before proceeding to engage the contract labour.
* The establishment must ensure that they issue certificate in Form-V to the contractor for obtaining licence as provided in the act.
* It must be ensured that the contractor who is employing more than 20 persons has a valid licence issued in his name by the competent authority as provided under the Act.
* The work for which contract labour is engaged is not of perennial nature.
* The payment of wages to the employees employed by the contractor is disbursed to his employees by the contractor himself or his nominee and principal employer has to depute his representative to be present and sign the payment register in token of having disbursed the salary in his presence by the contractor.
* There should not be any supervision and control by the principal employer in respect of employees employed by the contractor to fulfill the obligation of the contract.
* Discipline of the employees of the contractor in the discharge of duties must be regulated by the contractor and not by the principal employer.
* Leave to the employees of contractor must be sanctioned by the contractor and not by the principal employer.
* No advance should be paid by the principal employer to the contractor's employees directly. Only contractor must regulate the same.
* Maintenance of all type of record in respect of the employees employed by the contractor should be his own responsibility and principal employer should not intervene in such matters.
* If the establishment is covered by the EPF and ESI Acts, then the preference should be given to those contractors who have their own code numbers under these Acts.
* To ensure compliance of the obligation pertaining to the various provisions regarding amenities and benefits as prescribed under the Act.
* To ensure to submit Annual return to the prescribed authority in the prescribed form under the Act.
* An undertaking by the contractor to have complied with the provisions of law applicable has to be obtained by the principal employer.
Hope these points will help you to get your queries clarified.
You may please refer the respective Acts to know further about the components of wage under PF and ESI.
Regards,
PRADEEP
From India, Hyderabad
The following are some do and don'ts for Principal Employer in engaging Contract Labour:
* Before engaging contractor, the employer should ensure that there is no such notification by the government prohibiting contract labour system in that particular industry.
* The establishment in the first instance, must ensure that they have got a registration certificate from the competent authority as provided u/s 7 of the Contract Labour (R&A) Act, 1970 before proceeding to engage the contract labour.
* The establishment must ensure that they issue certificate in Form-V to the contractor for obtaining licence as provided in the act.
* It must be ensured that the contractor who is employing more than 20 persons has a valid licence issued in his name by the competent authority as provided under the Act.
* The work for which contract labour is engaged is not of perennial nature.
* The payment of wages to the employees employed by the contractor is disbursed to his employees by the contractor himself or his nominee and principal employer has to depute his representative to be present and sign the payment register in token of having disbursed the salary in his presence by the contractor.
* There should not be any supervision and control by the principal employer in respect of employees employed by the contractor to fulfill the obligation of the contract.
* Discipline of the employees of the contractor in the discharge of duties must be regulated by the contractor and not by the principal employer.
* Leave to the employees of contractor must be sanctioned by the contractor and not by the principal employer.
* No advance should be paid by the principal employer to the contractor's employees directly. Only contractor must regulate the same.
* Maintenance of all type of record in respect of the employees employed by the contractor should be his own responsibility and principal employer should not intervene in such matters.
* If the establishment is covered by the EPF and ESI Acts, then the preference should be given to those contractors who have their own code numbers under these Acts.
* To ensure compliance of the obligation pertaining to the various provisions regarding amenities and benefits as prescribed under the Act.
* To ensure to submit Annual return to the prescribed authority in the prescribed form under the Act.
* An undertaking by the contractor to have complied with the provisions of law applicable has to be obtained by the principal employer.
Hope these points will help you to get your queries clarified.
You may please refer the respective Acts to know further about the components of wage under PF and ESI.
Regards,
PRADEEP
From India, Hyderabad
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
STATUTORY COMPLIANCES CHECKLIST ON VARIOUS LABOUR LAWS.xls