Dear All,
I am presently working in a PSU as an HR Officer. While managing the day to day activities, I have come across with certain issues related to administration of contract labour. For getting proper solution, I am putting up the following issues one by one;
(I) Applicability of Labour License: Our organisation is registered under the CL (R&A) Act as principal employer and average no. Of contract worker works per day is around 1000. If a specific contractor appointed involves 9 workers against a particular work order then is that contractor is liable to obtain labour license?
(II) In case a job contract is issued, a contractor must abide by the statutes e.g. CL (R&A) Act, EPF Act, ESI Act as per the law of the land. But in case the engaging authority do not put the specific clause on statutory compliance in the work order, then in such scenario can the contractor devoid his responsibility on compliance of statues as because such clause is not present in the order?
(III) In case of job contract on areas like Data Entry, Design, Drawing etc. (Where the rates are being fixed on per drawing/per page basis), whether such job contract should be covered under CL (R&A) Act, especially when the job is carried out
(a) Within the premises
(b) Outside the premises.
(IV) Our organisation is a Central PSU. In case a job contract issued and the Contractor is registered under the State Govt., in such case whether such contractor to follow minimum wage rate as per central rules while they work with us
(a) At our premises
(b) Outside our premises
(V) Contractor engages employees as Supervisor or Executive and do not pay minimum wages. Please suggest.
(VI) A civil repairing job of a college undertaken as a CSR project by our company. Accordingly work order is issued by our company and the contractor finishes the civil job at the college (i.e. outside our company premises). Please suggest on applicability of CL (R&A) act and other labour laws (e.g. EPF act, ESI act etc.).
I understand that length of the queries is a bit long, but i have faced such issues while dealing with contract labour issues on day to day basis. Your valued guidance will help me to execute my job with command.
Rgds,
DG
From India, Delhi
4I am presently working in a PSU as an HR Officer. While managing the day to day activities, I have come across with certain issues related to administration of contract labour. For getting proper solution, I am putting up the following issues one by one;
(I) Applicability of Labour License: Our organisation is registered under the CL (R&A) Act as principal employer and average no. Of contract worker works per day is around 1000. If a specific contractor appointed involves 9 workers against a particular work order then is that contractor is liable to obtain labour license?
(II) In case a job contract is issued, a contractor must abide by the statutes e.g. CL (R&A) Act, EPF Act, ESI Act as per the law of the land. But in case the engaging authority do not put the specific clause on statutory compliance in the work order, then in such scenario can the contractor devoid his responsibility on compliance of statues as because such clause is not present in the order?
(III) In case of job contract on areas like Data Entry, Design, Drawing etc. (Where the rates are being fixed on per drawing/per page basis), whether such job contract should be covered under CL (R&A) Act, especially when the job is carried out
(a) Within the premises
(b) Outside the premises.
(IV) Our organisation is a Central PSU. In case a job contract issued and the Contractor is registered under the State Govt., in such case whether such contractor to follow minimum wage rate as per central rules while they work with us
(a) At our premises
(b) Outside our premises
(V) Contractor engages employees as Supervisor or Executive and do not pay minimum wages. Please suggest.
(VI) A civil repairing job of a college undertaken as a CSR project by our company. Accordingly work order is issued by our company and the contractor finishes the civil job at the college (i.e. outside our company premises). Please suggest on applicability of CL (R&A) act and other labour laws (e.g. EPF act, ESI act etc.).
I understand that length of the queries is a bit long, but i have faced such issues while dealing with contract labour issues on day to day basis. Your valued guidance will help me to execute my job with command.
Rgds,
DG
From India, Delhi
Dear DG
I have tried to respond to your queries...................
(I) Applicability of Labour License: Our organisation is registered under the CL (R&A) Act as principal employer and average no. Of contract worker works per day is around 1000. If a specific contractor appointed involves 9 workers against a particular work order then is that contractor is liable to obtain labour license?
IF THE STATE RULE APPLICABLE TO YOUR ESTBLISHMENT PRESCRIBES FOR 10 OR MORE THERE IS NO REQUIREMENT TO OBTAIN LICENSE AS SUCH, PROVIDED YOU ARE SURE THAT IN NO CASE ON A SINGLE DAY DURING THE JOB THE NUMBER OF LABOURS WILL NOT EXCEED 9.
(II) In case a job contract is issued, a contractor must abide by the statutes e.g. CL (R&A) Act, EPF Act, ESI Act as per the law of the land. But in case the engaging authority do not put the specific clause on statutory compliance in the work order, then in such scenario can the contractor devoid his responsibility on compliance of statues as because such clause is not present in the order?
NO RELAVANCE WHETHER THE CALUSE HAS BEEN MENTIONED I WORKOREDER OR NOT, MANDATORY PROVISONS IMPLIES SUBJECT TO THE SCOPE AND ELIGIBILITY PRESCRIBED IN RESPECTIVE ACTS.
(III) In case of job contract on areas like Data Entry, Design, Drawing etc. (Where the rates are being fixed on per drawing/per page basis), whether such job contract should be covered under CL (R&A) Act, especially when the job is carried out
(a) Within the premises
(b) Outside the premises.
YES, IN BOTHE CASES THE CLRA ACT IS APPLICABLE
(IV) Our organisation is a Central PSU. In case a job contract issued and the Contractor is registered under the State Govt., in such case whether such contractor to follow minimum wage rate as per central rules while they work with us
(a) At our premises
(b) Outside our premises
iN YOUR CASE MINIMUM WAGES NOTIFIED BY CENTRAL GIVERNMENT WILL BE APPLICABLE (AS PER MIN, WAGES ACT- SCHEDULED EMPLOYMENT
(V) Contractor engages employees as Supervisor or Executive and do not pay minimum wages. Please suggest.
DO THEY PAY LESS THEN MINIMUM WAGES ???
(VI) A civil repairing job of a college undertaken as a CSR project by our company. Accordingly work order is issued by our company and the contractor finishes the civil job at the college (i.e. outside our company premises). Please suggest on applicability of CL (R&A) act and other labour laws (e.g. EPF act, ESI act etc.).
ALL PROVISIONS OF CLRA AND OTHER APPLICABLE ACTS ARE BINDING BECAUSE LABOURS ARE ENGAGGED AS "CL" IN CONNECTION WITH THE WORK OF AN ESTABLISHMENT.
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
I have tried to respond to your queries...................
(I) Applicability of Labour License: Our organisation is registered under the CL (R&A) Act as principal employer and average no. Of contract worker works per day is around 1000. If a specific contractor appointed involves 9 workers against a particular work order then is that contractor is liable to obtain labour license?
IF THE STATE RULE APPLICABLE TO YOUR ESTBLISHMENT PRESCRIBES FOR 10 OR MORE THERE IS NO REQUIREMENT TO OBTAIN LICENSE AS SUCH, PROVIDED YOU ARE SURE THAT IN NO CASE ON A SINGLE DAY DURING THE JOB THE NUMBER OF LABOURS WILL NOT EXCEED 9.
(II) In case a job contract is issued, a contractor must abide by the statutes e.g. CL (R&A) Act, EPF Act, ESI Act as per the law of the land. But in case the engaging authority do not put the specific clause on statutory compliance in the work order, then in such scenario can the contractor devoid his responsibility on compliance of statues as because such clause is not present in the order?
NO RELAVANCE WHETHER THE CALUSE HAS BEEN MENTIONED I WORKOREDER OR NOT, MANDATORY PROVISONS IMPLIES SUBJECT TO THE SCOPE AND ELIGIBILITY PRESCRIBED IN RESPECTIVE ACTS.
(III) In case of job contract on areas like Data Entry, Design, Drawing etc. (Where the rates are being fixed on per drawing/per page basis), whether such job contract should be covered under CL (R&A) Act, especially when the job is carried out
(a) Within the premises
(b) Outside the premises.
YES, IN BOTHE CASES THE CLRA ACT IS APPLICABLE
(IV) Our organisation is a Central PSU. In case a job contract issued and the Contractor is registered under the State Govt., in such case whether such contractor to follow minimum wage rate as per central rules while they work with us
(a) At our premises
(b) Outside our premises
iN YOUR CASE MINIMUM WAGES NOTIFIED BY CENTRAL GIVERNMENT WILL BE APPLICABLE (AS PER MIN, WAGES ACT- SCHEDULED EMPLOYMENT
(V) Contractor engages employees as Supervisor or Executive and do not pay minimum wages. Please suggest.
DO THEY PAY LESS THEN MINIMUM WAGES ???
(VI) A civil repairing job of a college undertaken as a CSR project by our company. Accordingly work order is issued by our company and the contractor finishes the civil job at the college (i.e. outside our company premises). Please suggest on applicability of CL (R&A) act and other labour laws (e.g. EPF act, ESI act etc.).
ALL PROVISIONS OF CLRA AND OTHER APPLICABLE ACTS ARE BINDING BECAUSE LABOURS ARE ENGAGGED AS "CL" IN CONNECTION WITH THE WORK OF AN ESTABLISHMENT.
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
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