Company S is a state owned government company (principle employer) (e.g. MAHAGENCO), company P is a central govt. owned Maharatna PSU company (main contractor)(e.g. BHEL). Company E is a purely private firm (subcontractor of P) (e.g. ECO power).
For execution of the wok in plant premises of S, work orders is given by S to P. Now, to execute the work, P has appointed E as their subcontractor (through prior permission of S) to carry out the work. Company P deploys it's permanent employees (engineers and managers) to supervise the work. Company E supply manpower (foreman, fitter, welder, grinder men, helpers, etc. - more than 20 nos.) to execute the work under supervision of company P in the plant premise of company S.
In this scenario, which company's name would be entered by S in their RC - P or E? Would Form V for labor license be given by S to P or E? What rules and clauses are applicable in such case?
From India, Bhopal
For execution of the wok in plant premises of S, work orders is given by S to P. Now, to execute the work, P has appointed E as their subcontractor (through prior permission of S) to carry out the work. Company P deploys it's permanent employees (engineers and managers) to supervise the work. Company E supply manpower (foreman, fitter, welder, grinder men, helpers, etc. - more than 20 nos.) to execute the work under supervision of company P in the plant premise of company S.
In this scenario, which company's name would be entered by S in their RC - P or E? Would Form V for labor license be given by S to P or E? What rules and clauses are applicable in such case?
From India, Bhopal
As there is contractual obligation between S & P, S will add P as contractor & issue Form V to P. There are provisions S can issue form V to E as subcontractor to P but not many companies will issue
From India, Bangalore
From India, Bangalore
The question of State Govt. & Central Govt. is not the prime but either can be as PE & Contractor in case to case.
In your case the State Govt is bound by law to issue Form V to BHEL, as issued the Work Order in first instance. Then PE may or may not issue Form V to the sub-contractor (E ) upon the request of contractor but main contractor shall remain responsible for all violations of the WO and too for all statutory obligations under the labour law.
From India, Mumbai
In your case the State Govt is bound by law to issue Form V to BHEL, as issued the Work Order in first instance. Then PE may or may not issue Form V to the sub-contractor (E ) upon the request of contractor but main contractor shall remain responsible for all violations of the WO and too for all statutory obligations under the labour law.
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals. CiteHR connects professionals facing similar challenges, leveraging a vast knowledge base (100K+ downloads, 150K+ discussions) and targeted emails to engage experts in solving issues.