Dear All
I am working in a manufacturing company in Chennai in IR department looking after administration of Contract Labour Act. I request fellow professionals to clarify and guide me in the following relating to contract labour act:
We have obtained Registration Certificate from the Factory Inspectorate for engaging contract labour. The contractors have also obtained licence to work as a contractor in the following areas on a daily basis :
Packing
House keeping
Material movement
We also engage certain contractors who are not included in the Registration Certificate to carry out the following work :
Cleaning of fume extractor
Repairing the roof of the factory to arrest leakage of rain water
Painting of machineries periodically
White washing and painting
Chair repair
Various annual maintenance contractors who come to the factor to do periodical preventive maintenance
Most of the above work would take only a day or two to be completed.
Please advise whether these contractors also should be included in the Companys Registration Certificate issued by the Factory Inspectorate and the respective contracts should also get licence since the nature of work is of intermittent and casual nature.
In the event of serious accident, how should the occupier and the manager be protected from prosecution
From India, Chennai
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I am working in a manufacturing company in Chennai in IR department looking after administration of Contract Labour Act. I request fellow professionals to clarify and guide me in the following relating to contract labour act:
We have obtained Registration Certificate from the Factory Inspectorate for engaging contract labour. The contractors have also obtained licence to work as a contractor in the following areas on a daily basis :
Packing
House keeping
Material movement
We also engage certain contractors who are not included in the Registration Certificate to carry out the following work :
Cleaning of fume extractor
Repairing the roof of the factory to arrest leakage of rain water
Painting of machineries periodically
White washing and painting
Chair repair
Various annual maintenance contractors who come to the factor to do periodical preventive maintenance
Most of the above work would take only a day or two to be completed.
Please advise whether these contractors also should be included in the Companys Registration Certificate issued by the Factory Inspectorate and the respective contracts should also get licence since the nature of work is of intermittent and casual nature.
In the event of serious accident, how should the occupier and the manager be protected from prosecution
From India, Chennai
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Though RC by the Principal employer is a one-time certificate, you can include new contractors for the new type of work by filing an application. It is usually amended in the same RC itself. Similarly, contractors can also amend the license by adding new work.
If you are giving new work (such as painting) to a contractor who is expected to engage fewer than 20 workers, you do not need to include it in the contract registration. Likewise, you do not need to issue Form V to such a contractor who rarely requires any license since the number of workers to be engaged by them is less than 20.
I was under the impression that contract labor registration certificate and license are issued by the Labor Department (either Central or State) and not by the Inspector of Factories and Boilers. The former are the appropriate authorities under the Contract Labor (Regulation and Abolition) Act, I presume. Please correct me if I am wrong.
Madhu.T.K
From India, Kannur
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4483If you are giving new work (such as painting) to a contractor who is expected to engage fewer than 20 workers, you do not need to include it in the contract registration. Likewise, you do not need to issue Form V to such a contractor who rarely requires any license since the number of workers to be engaged by them is less than 20.
I was under the impression that contract labor registration certificate and license are issued by the Labor Department (either Central or State) and not by the Inspector of Factories and Boilers. The former are the appropriate authorities under the Contract Labor (Regulation and Abolition) Act, I presume. Please correct me if I am wrong.
Madhu.T.K
From India, Kannur
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Dear Karthik Solai,
We introduce ourselves as Aparajitha Corporate Services Limited - The Emerging Leader in HR KPO Services. We also thank you for giving us the opportunity to explore the possibility of partnering with you through our services.
Aparajitha is a leading end to end HR Solutions Company with a focus on Compliance Audit, Compliance Management, Contract Labour Regulation, Flexi Staffing & Payroll services. With a national presence covering 30 states and distinguished list of clients across all segments, we have the expertise in labour laws of various states. Throughout our history, progress has largely been based on the diffusion of good or good enough ideas accompanied with the emergence of innovations. We constantly strive to develop the excellent and organizationally specific next practices that give our Client unique advantages for the future.
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For further assistance please contact us. We are here to help you out..
Aparajitha Corporate Services (P) Ltd,
21/36, YRK Towers, Dk Samy Koil Street,
Alandur, Guindy, Chennai 600 016
C. Rajesh Marketing Head / R. Girish- Marketing- Mgr
/ 
Mob : +91 99949 39987 / +91 99524 06408,
Direct : 044 42100869
Web : Aparajitha Corporate Services
From India, Madras
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We introduce ourselves as Aparajitha Corporate Services Limited - The Emerging Leader in HR KPO Services. We also thank you for giving us the opportunity to explore the possibility of partnering with you through our services.
Aparajitha is a leading end to end HR Solutions Company with a focus on Compliance Audit, Compliance Management, Contract Labour Regulation, Flexi Staffing & Payroll services. With a national presence covering 30 states and distinguished list of clients across all segments, we have the expertise in labour laws of various states. Throughout our history, progress has largely been based on the diffusion of good or good enough ideas accompanied with the emergence of innovations. We constantly strive to develop the excellent and organizationally specific next practices that give our Client unique advantages for the future.
We would like to highlight our presence in Samsung India Electronics, Bharti Airtel, Bajaj Allianz, Birla Sunlife, Glaxo, Hindustan Unilever, ING, ITC, Madura Garments, Marks & Spencers, Nokia, Reliance ADAG, TATA, Titan, TVS, Uninor VF Arvind, Arvind brands, etc.
For further assistance please contact us. We are here to help you out..
Aparajitha Corporate Services (P) Ltd,
21/36, YRK Towers, Dk Samy Koil Street,
Alandur, Guindy, Chennai 600 016
C. Rajesh Marketing Head / R. Girish- Marketing- Mgr
Mob : +91 99949 39987 / +91 99524 06408,
Direct : 044 42100869
Web : Aparajitha Corporate Services
From India, Madras
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Any contractor having more than 20 laborers working or holding a license needs to be mentioned in FORM-1 (Registration Certificate of Principal Employer); otherwise, they will be treated as the same contractor.
Thanks,
Mritunjay Nath Sahu
GM (HR)
From India, Vadodara
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Thanks,
Mritunjay Nath Sahu
GM (HR)
From India, Vadodara
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Dear Karthik,
In addition to what Madhu Sir has explained, the Certificate of Registration makes no mention of all the activities being outsourced. As long as the maximum number of workmen being employed is not exceeded, you do not require an amendment to the certificate. It is clarified that the duration of employment, whether it is a day or two, does not matter concerning registration. For example, when the Labour Inspector comes and verifies, even if the excess labor is deployed for that day alone, it would still violate the Act. As pointed out by Madhu Sir, an application for an amendment of the Certificate could be submitted up to thirty days of such a change.
KK
From India, Bhopal
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In addition to what Madhu Sir has explained, the Certificate of Registration makes no mention of all the activities being outsourced. As long as the maximum number of workmen being employed is not exceeded, you do not require an amendment to the certificate. It is clarified that the duration of employment, whether it is a day or two, does not matter concerning registration. For example, when the Labour Inspector comes and verifies, even if the excess labor is deployed for that day alone, it would still violate the Act. As pointed out by Madhu Sir, an application for an amendment of the Certificate could be submitted up to thirty days of such a change.
KK
From India, Bhopal
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Dear Aparajita,
I am sure you can promote and market yourself, but definitely not in this way. The question of Karthik and your answer has no relation in any way. A better approach would have been to provide some information to Karthik regarding the question he has asked rather than using this forum as a 'free marketing tool' or 'brochure'. I hope you take this comment positively and refrain from 'free marketing' without demonstrating any authority in your responses.
Dear Karthik,
In addition to what Madhu, Mnsahu, and Kknair have contributed, please note that the initial responsibility still lies with the Principal Employer. Furthermore, in the event of prosecution being sanctioned by the appropriate authorities, the manager or occupier can avoid penalties if they can clearly establish that they had delegated the power and authority to another competent person employed by them for this purpose. I hope this clarifies the matter.
Thank you.
From India, Bangalore
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I am sure you can promote and market yourself, but definitely not in this way. The question of Karthik and your answer has no relation in any way. A better approach would have been to provide some information to Karthik regarding the question he has asked rather than using this forum as a 'free marketing tool' or 'brochure'. I hope you take this comment positively and refrain from 'free marketing' without demonstrating any authority in your responses.
Dear Karthik,
In addition to what Madhu, Mnsahu, and Kknair have contributed, please note that the initial responsibility still lies with the Principal Employer. Furthermore, in the event of prosecution being sanctioned by the appropriate authorities, the manager or occupier can avoid penalties if they can clearly establish that they had delegated the power and authority to another competent person employed by them for this purpose. I hope this clarifies the matter.
Thank you.
From India, Bangalore
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Dear Sir,
Thank you for your valuable question. I do not have much knowledge, though I have experience in HR. As most of the experts have already replied, I would like to add my perspective.
If your workmen are below 20 and you are engaging them for 1 or 2 days of work, you can amend the existing agreement accordingly. Consider adding employee risk coverage through a workmen loss policy with an insurance company. This approach not only enhances employee welfare but also safeguards the employer.
I hope this information is helpful to you.
Best regards, [Your Name]
From India, Chennai
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Thank you for your valuable question. I do not have much knowledge, though I have experience in HR. As most of the experts have already replied, I would like to add my perspective.
If your workmen are below 20 and you are engaging them for 1 or 2 days of work, you can amend the existing agreement accordingly. Consider adding employee risk coverage through a workmen loss policy with an insurance company. This approach not only enhances employee welfare but also safeguards the employer.
I hope this information is helpful to you.
Best regards, [Your Name]
From India, Chennai
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SELF-CERTIFICAT E PROFORMA UNNDER CONTRACT LABOUR (R&A) ACT, 1970.doc
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NOTE ON PRINCIPAL EMPLOYER TO ENGAGE CONTRACT LABOUR.pptx