Form V can be issued to the subcontractor by the contractor or not? As far as I know, the principal employer issues Form V to the subcontractor as well. The contractor will be hiring the subcontractor here. Anyone with any information?
From India, New Delhi
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2From India, New Delhi
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Thank you. However, the principal employer is of the view that their responsibility to issue Form V is limited only to the main contractor. Therefore, the main contractor will now issue Form V to the subcontractors.
From India, New Delhi
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From India, New Delhi
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One cannot be a contractor and principal employer at the same time. The definition of a contractor includes a subcontractor as well. That's why a subcontractor is also required to obtain a license under the Act. When the rules state that the principal employer should issue a certificate in a particular format to enable the contractor to obtain the license under the Act, he has to issue it. The personal view of any particular principal employer cannot absolve him of his statutory obligation.
From India, Salem
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From India, Salem
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Dear Umakanthan Sir,
The principal employer gives a work order to the contractor to carry out desired work, as well as Form V, a mandatory document to obtain a contract labor license. If the definition of a contractor includes subcontracting, it is imperative for the principal employer to issue Form V to the subcontractor in the absence of a work order.
Kindly share your views.
From India, Mumbai
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The principal employer gives a work order to the contractor to carry out desired work, as well as Form V, a mandatory document to obtain a contract labor license. If the definition of a contractor includes subcontracting, it is imperative for the principal employer to issue Form V to the subcontractor in the absence of a work order.
Kindly share your views.
From India, Mumbai
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No, a contractor may not issue Form-V to the subcontractor. On the basis of the request for Form-IV from the Contractor, the Principal Employer issues it under the central rules of 21(2) of CLRA 1970.
Regards,
Dhiraj
From India, Bhadohi
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Regards,
Dhiraj
From India, Bhadohi
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Dear Dhiraj, I have ask the query Can Principal Employer issue Form V to Sub Contractor, in absence of Agreement of Work Order and Not about Contractor to issue Form V to its Sub contractor. Regards,
From India, Mumbai
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From India, Mumbai
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Issuance of Form V to Subcontractors
The principal employer can issue Form V to the subcontractor in the absence of an agreement between the subcontractor and principal employer or a work order issued by the principal employer to the subcontractor, provided there is a clause in the agreement between the principal employer and main contractor to engage the subcontractor in specialized work.
Requirement for a Work Order
The subcontractor needs a work order from the contractor to obtain a labor license, as the licensing authority will not issue a license solely based on the production of Form V received from the principal employer. The work order is necessary to determine the nature of work allocated to the contractor/subcontractor and whether it is prohibited under Section 10 of the Contract Labour Act.
Licensing Officer's Requirements
No licensing officer will issue a license without a work order attached to the application for a license, along with other relevant documents.
From India, Pune
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The principal employer can issue Form V to the subcontractor in the absence of an agreement between the subcontractor and principal employer or a work order issued by the principal employer to the subcontractor, provided there is a clause in the agreement between the principal employer and main contractor to engage the subcontractor in specialized work.
Requirement for a Work Order
The subcontractor needs a work order from the contractor to obtain a labor license, as the licensing authority will not issue a license solely based on the production of Form V received from the principal employer. The work order is necessary to determine the nature of work allocated to the contractor/subcontractor and whether it is prohibited under Section 10 of the Contract Labour Act.
Licensing Officer's Requirements
No licensing officer will issue a license without a work order attached to the application for a license, along with other relevant documents.
From India, Pune
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In most of the big construction sites, subcontractors who supply labor or are called for concreting work with their machinery and labor, or given brickwork or any other work on a measurement basis, are not getting a separate license. Therefore, the workers employed by those sub/petty contractors are always shown on the payroll of the main contractor.
From India, Pune
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From India, Pune
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Form VI-WAGE SLIPS-CLRA- (Rule 29(2) PW Act & Rule.docx