Dear Cite HR Members.
Request your guidance on the following Contract Labour Act definition.
I work in a private company which provides service to other clients.
The issue is we received a huge house keeping service contract with one of the pharma company. We provide our service on day to day basis with 2 of our permanent employee. Now the pharma company wants us to provide documents for our two employees as per the contract labour act register but as an employer we provide service to the pharma company with our own and permanent employees. The requested documents are as follows.
CL Act Copy of comm. / completion of contract in Form VI-A
CL Act Service Certificate ( Form - XV )
CL Act Copy of Employment cards {Form-XIV}
CL Act Register of Workmen {Form - XIII}
CL Act In-out Register
CL Act Muster Roll { Form - XVI }
CL Act Register of Wages { Form - XVII }
CL Act Register of Deductions { Form - XX }
CL Act Register of Fines { Form - XXI }
CL Act Register of Advances (Form - XXII)
CL Act Register of Overtime (Form - XXIII)
CL Act Wage slips { Form - XIX }
CL Act Weekly Off observed for every SIX days of working
CL Act Overtime not to exceed as mentioned in the Act
CL Act Overtime paid double the rate of gross wages
CL Act Employees working on site are lesser or equal to the no. mentioned in License
CL Act Contract Labour Half Yearly Returns (Form - XXIV)
We have most of this registers as per the shop and establishment Act but not as per the CL Act.
Is it compulsory to provide all this register as per CL Act for my permanent employee?
Request your suggestion and input on this matter.
Regards
S Rottela
From Uganda
Request your guidance on the following Contract Labour Act definition.
I work in a private company which provides service to other clients.
The issue is we received a huge house keeping service contract with one of the pharma company. We provide our service on day to day basis with 2 of our permanent employee. Now the pharma company wants us to provide documents for our two employees as per the contract labour act register but as an employer we provide service to the pharma company with our own and permanent employees. The requested documents are as follows.
CL Act Copy of comm. / completion of contract in Form VI-A
CL Act Service Certificate ( Form - XV )
CL Act Copy of Employment cards {Form-XIV}
CL Act Register of Workmen {Form - XIII}
CL Act In-out Register
CL Act Muster Roll { Form - XVI }
CL Act Register of Wages { Form - XVII }
CL Act Register of Deductions { Form - XX }
CL Act Register of Fines { Form - XXI }
CL Act Register of Advances (Form - XXII)
CL Act Register of Overtime (Form - XXIII)
CL Act Wage slips { Form - XIX }
CL Act Weekly Off observed for every SIX days of working
CL Act Overtime not to exceed as mentioned in the Act
CL Act Overtime paid double the rate of gross wages
CL Act Employees working on site are lesser or equal to the no. mentioned in License
CL Act Contract Labour Half Yearly Returns (Form - XXIV)
We have most of this registers as per the shop and establishment Act but not as per the CL Act.
Is it compulsory to provide all this register as per CL Act for my permanent employee?
Request your suggestion and input on this matter.
Regards
S Rottela
From Uganda
Request you to go through the Contract labour act as applicable or hire a consultant. You have to check whether this is subject to state law or central rule.
From India, Bhubaneswar
135From India, Bhubaneswar
Dear S Rottela ji,
You are a contractor in the premises of PE. Your employees whether they are permanent or temporary, direct or otherwise, who are working in the premises of PE are contract labours and to you CLRA Act is applicable to you. You are liable to maintain all the registers and forms as listed in your posting, in respect of all such contract labours in the premisesof PE.
You are also liable to make compliance of PF, ESI, LWF etc. if applicable to PE. If applicable to you, there is no question of non compliance. You need to deduct Employment Tax of local government, if applicable and make the remittance accordingly.
From India, Mumbai
You are a contractor in the premises of PE. Your employees whether they are permanent or temporary, direct or otherwise, who are working in the premises of PE are contract labours and to you CLRA Act is applicable to you. You are liable to maintain all the registers and forms as listed in your posting, in respect of all such contract labours in the premisesof PE.
You are also liable to make compliance of PF, ESI, LWF etc. if applicable to PE. If applicable to you, there is no question of non compliance. You need to deduct Employment Tax of local government, if applicable and make the remittance accordingly.
From India, Mumbai
With only two employees the CLRA Act is not applicable to the PE unless they have contract labor in other areas exceeding 20 all together.Confirm it.If yes you have show them all registers which is mandatory as per the applicable rules under CLRA Act.
Varghese Mathew
From India, Thiruvananthapuram
Varghese Mathew
From India, Thiruvananthapuram
Thanks for your valuable suggestions. I understood the problem, I will try to prepare all the required documents and fulfill their requirement. As per the CL Act. Regards S Rottela
From Uganda
From Uganda
Hi Sarvesh,
Being a contractor, you are required to comply with all rules of CLR&A act. And PE, being the responsible to get the statutory compliance done for all the worker working in their premises, must ask you all the requisite registers / documents as stated above.
However, as mentioned by ou, you have almost all the documents as per S&E act, you should face any difficulty as S&E and CLR&A acts do not contradict in most of the meanings. All above mentioned documents you must be maintaining currently, you just need to identify and document all of them.
For example: you must be preparing payroll sheet in Excel with all wages details, LWP, PF, ESI, PT, LWF, Taxes etc, which will serve the purpose of :
1. Wages Register
2. Deduction of Leaves or (s)
3. PF & ESI deduction
4. Minimum Wages
5. Over time
6. Weekly off
7. Pay slips etc....etc..
You just need to maintain hard copies of the requisite registers. You should have appointment letter, employee Id card etc.
If you pr
From Saudi Arabia, Riyadh
Being a contractor, you are required to comply with all rules of CLR&A act. And PE, being the responsible to get the statutory compliance done for all the worker working in their premises, must ask you all the requisite registers / documents as stated above.
However, as mentioned by ou, you have almost all the documents as per S&E act, you should face any difficulty as S&E and CLR&A acts do not contradict in most of the meanings. All above mentioned documents you must be maintaining currently, you just need to identify and document all of them.
For example: you must be preparing payroll sheet in Excel with all wages details, LWP, PF, ESI, PT, LWF, Taxes etc, which will serve the purpose of :
1. Wages Register
2. Deduction of Leaves or (s)
3. PF & ESI deduction
4. Minimum Wages
5. Over time
6. Weekly off
7. Pay slips etc....etc..
You just need to maintain hard copies of the requisite registers. You should have appointment letter, employee Id card etc.
If you pr
From Saudi Arabia, Riyadh
Dear HR Professionals,
Please advise the contract labour engaged in factories are eligible for Payment of Bonus, Gratuity, Earned Leave encashment or not?. The Factory is paying Bonus, EL encashment and Gratuity to all its regular staff. Kindly clarify in this regard.
Thanks & Regards,
AVGN Vara Prasad.
From India, Kakinada
Please advise the contract labour engaged in factories are eligible for Payment of Bonus, Gratuity, Earned Leave encashment or not?. The Factory is paying Bonus, EL encashment and Gratuity to all its regular staff. Kindly clarify in this regard.
Thanks & Regards,
AVGN Vara Prasad.
From India, Kakinada
The contract labour is eligible for all the above from his employer subject to the provisions of the relevant Acts.The principal employer is liable only for the payment of items coming under the definition of 'wages' under POW Act,if only the contractor fails to pay.
Varghese Mathew
From India, Thiruvananthapuram
Varghese Mathew
From India, Thiruvananthapuram
Sravanesh,
Based on the definition of Appropriate Government applicable to the company where you have contract with them, you have to maintain the registers, by deeming provision under the Contract Labour Act, if you have maintain all the register under under Shop Act, NO need to maintained under CL Act
Further you have provided the list of register with Form, If I am not wrong the same is pertaining to CL Act Central Rules and also to some State adopted the same Form, you are requested to throw some light in which State the Pharma Co is situated, so I can guide you which Form of register to be maintained by referring to the State Rules wherein the Pharma Co is situated.
Azim Charania
From India, Mumbai
Based on the definition of Appropriate Government applicable to the company where you have contract with them, you have to maintain the registers, by deeming provision under the Contract Labour Act, if you have maintain all the register under under Shop Act, NO need to maintained under CL Act
Further you have provided the list of register with Form, If I am not wrong the same is pertaining to CL Act Central Rules and also to some State adopted the same Form, you are requested to throw some light in which State the Pharma Co is situated, so I can guide you which Form of register to be maintained by referring to the State Rules wherein the Pharma Co is situated.
Azim Charania
From India, Mumbai
Dear Friend,
As per the CLRA Act, if you have more the 20 employees (which i hope you have) you need to maintain all the required statutory documents and registers with yourself as act applies to you. But if your Principal Employer asks for the same kindly provide (highlighting their names in the said records)the same to him just for inspection. However he could check the same in order to avoid any liability as a PE.
From India, Mumbai
As per the CLRA Act, if you have more the 20 employees (which i hope you have) you need to maintain all the required statutory documents and registers with yourself as act applies to you. But if your Principal Employer asks for the same kindly provide (highlighting their names in the said records)the same to him just for inspection. However he could check the same in order to avoid any liability as a PE.
From India, Mumbai
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