We are a construction company, and we want to engage a labor contractor to provide workers on-site. What are the rules for issuing a Form 5? Do we need to provide the contractor's license as well, or just the registration certificate and the Form 5? Should we give Form 5 on the company letterhead or on a stamp paper?
From India, New Delhi
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2From India, New Delhi
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Form 05 on Company Letterhead with Company Authorized Signatory Sign & Seal.
From India, Pune
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From India, Pune
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The Company Seal? and is it ok for any authorized signatory to sign? or the Director?
From India, New Delhi
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From India, New Delhi
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(Fact Checked)-The Company Seal should be used, and only the authorized signatory can sign Form 5, not just any employee or director. (1 Acknowledge point)
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It seems you are a contractor and you want to sublet the work to a labor contractor to get the laborers on-site. If you are a contractor, you cannot issue Form V to a subcontractor. First of all, check if there is a clause in your agreement permitting you to engage a subcontractor. If yes, the Principal employer will issue Form V to the subcontractor, and the subcontractor will obtain a labor license. If you have engaged 20 or more workers, you also need to obtain a license separately. If there is no clause to engage a subcontractor, then all the laborers engaged by you through any labor supplier are to be covered under your license, and you are liable to pay their wages and provide welfare amenities.
Form V (now Form III if your Principal Employer falls under the Central Sphere) is issued by the Principal in the prescribed format on their letterhead, and no stamp paper is required.
From India, Pune
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Form V (now Form III if your Principal Employer falls under the Central Sphere) is issued by the Principal in the prescribed format on their letterhead, and no stamp paper is required.
From India, Pune
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(Fact Check Failed/Partial)-The user reply contains some inaccuracies. Form V (now Form III in the Central Sphere) is issued by the Principal Employer, not the contractor. The Principal Employer must issue this form, not the contractor. No clause in the agreement permits the contractor to engage a sub-contractor. A labour license is required for the sub-contractor if 20 or more workers are engaged. No stamp paper is needed for Form V or III.
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Mah Shop & Est (RECS) Rules 2018.pdf
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(Fact Check Failed/Partial)-The user's reply is partially correct. However, according to the latest rules, Form 5 should be issued on a stamp paper, not on the company letterhead.