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Hi, I want the brief introduction on contract labour management. Regards B.Nagaraju
From India, Vijayawada
Dear B.Nagaraju,
First go through The Contract Labour (R&A) Act,1970 & Rules of your state and then asked specific question.
Regards,
R.N.Khola


(Labour Law & Legal Consultants)
09810405361

From India, Delhi
Sir
Iwas employed in Cadtech cunsultants pvt ltd Delhi. Which provide manpower to Ericsson (MNC). When I resigned from that it blocked my 27ooo rupees. Whenever I asked about the matter they didnt respond well.
It has been more than 1 and half year and I am still in a wait to get back my money but I couldnt find any guidence or help.
Plz suggest me the way.
Regreds
Praveen Vashishth
09773322634

From India, Mumbai
HI BNR

I M SENDING TO U THE INTRODUCTRY BRIEF OF CONTRACT LABOUR ACT.HOPE THAT IS USEFUL FOR U.

CONTRACT LABOUR ACT

Applicability:
The Act applies to [The Principal Employer of an Establishment] and the contractors employed as more than 20 workmen are/were employed on one day during last year as contract labour.

Registration of Establishment & its fee:
The Principal Employer of an establishment to whom the Act is applicable is required to get himself registered with the Registering Officer of the area i.e. the Assistant Labour Commissioner or the Labour-cum-Conciliation Officer by submitting an application in triplicate in Form-I along with the prescribed fee mentioned herein under.

Grant of certificate of registration:
If the application for registration is complete in all respects, the registering officer shall register the establishment and issue to the principal employer of the establishment a certificate of registration in Form II.

Amendment of certificate of registration:
If in relation to an establishment, there is any change in the particulars specified in the certificate of registration, the principal employer of the establishment shall intimate to the registering officer within thirty days from the date when such change takes place, the particulars of, and the reasons for, such change. On the receipt of the intimation the registering officer is satisfied that there has occurred a change in the particulars of the establishment, as entered in the register in Form III.

Application for a Licence:
  • Every application by a contractor for the grant of Licence shall be made in triplicate Form IV, to the licensing officer of the area.
  • Every application for the grant of a licence shall be accompanied by a certificate by the Principal employer in Form V.
  • Every Licence shall be granted in Form VI.
Filing of Return of commencement and completion of the contract:
The Principal employer shall within 15 days of the commencement or completation of each contract work under each contractor, submit a RETURN to the inspector, appointed ,intimating the actual dates for commencement or completion of such contract work, in FormVI-B.

Maintenance of records and submission of returns by Principal Employer:-
Register of contractors in respect of every establishment in Form XII and annual return in Form XXV in duplicate before 15th February.

Filing of Annual Return:
The principal employer shall send annually return in Form-XXV (in duplicate) so as to reach the Registering officer concerned not later than 15th February following the end of the year to which relates.

Display of Notices& Abstract of Act and Rules:
  • The principal employer shall display Notices showing the rates of wages, hours of work, wage period, dates of payment of wages name and addresses of the inspectors having jurisdiction, and date of payment of unpaid wages in English and in Hindi and in the local language understood by the majority of workers.
  • Contractor shall display an abstract of the act and rules in English and Hindi or in the local language understood by the majority of workers.
Obligations of the Principal employer:
  • The employer has to ensure that the contractor is paying wages to his workmen before expiry of the 7th day of every month if the number of workers employed in the Company does not exceed a thousand, or before the expiry of the 10th day of every month if the number of workers employed in such Company are more than one thousand.
  • To ensure that minimum wages are paid to contract labour.
  • The Principal Employer shall pay wages in full to the contract workmen in case if the contractor fails to pay the same.
  • The principal employer is statutorily responsible for payment of wages to contract labourers including arrears, in case, contractor commits default which he can recover from the contractor by deducting from any amount payable to him or as debt payable to him or as debt payable by him.
  • The Act stipulates the obligation of principal employer and contractor employing contract labour to provide canteens facilities. In case of failure on the part of the contractor to provide such facilities, the Principal Employer is made liable to provide the amenities.
  • The principal employer shall ensure while making payment to the contractor that the contractor has paid the employees provident fund contributions deductions both of the contractor and employees on time.
  • The Act enjoins obligation on every principal employer and every contractor to maintain the registers and records.
  • The principal employer shall send the return annually so that it reaches the registering officer not later than 15th February following the end of the year to which it relates.
In respect of establishments which are governed by the Payment of Wages Act, 1936 and the rules made there under, or Minimum Wages Act, 1948 or the rules made there under ,the following registers and records required to be maintained by a contractor as employer under those Acts and the Rules made there under shall be deemed to be register and records to be maintained by the contractor under these Rules , namely-
  1. Muster Roll(Form-XVI)
  2. Register of Wages(Form-XVII)
  3. Register of Deductions for damage or loss (Form-XX)
  4. Register of Overtime(Form-XXIII)
  5. Register of Fines (Form-XXI)
  6. Register of Advances(Form-XXII)
  7. Wage slip(Form-XIX)
Every contractor shall-
    • Maintain register of employed person in Form-XII.
    • Shall issue an employment card in Form –XIV.
    • Shall issue a service certificate in Form-XV
THANKS N RAGARDS

DIPTI SRIVASTAVA
ADVOCATE

From India, Mumbai
Dear BNR,
Go ahead on the advice/tips of Dipti Srivastva Advocate if in your case the appropriate Govt. is Central government.
Regards,
R.N.Khola


(Labour Law & Legal Consultants)
09810405361

From India, Delhi
This could be useful for you to maintain contractors easily

The documents are as follows :

• Copy of contractor Labour (OR) Application along with security

• deposit details in form IV

• Copy of commencement & completion of contract in from VI-A

• Proof of having PF registration number

• Proof of having ESIC registration number

• Labour welfare Fund registration certificate copy (If applicable)

• Shop & Establishment registration certificate copy

• Professional Tax number

• Exemption to maintain computerized records Under Minimum Wages Act

• Copy Of Employment cards of the contract works in form XIV

• Copy of ESI cards for employees [OR] Copy of Form 3 with Return of

• declaration for all the works under contractors working at the site

• Notices to be displayed under Minimum wages Act, Payment of wages Act,

• Contract Labour Act (Rule 81)

Document along with Bill / Invoice

• Muster Roll in for previous month in form XVI/XII

• PF challan for previous to previous month

• ESI challan for previous to previous month

• Declaration / undertaking for current month

• Labour Welfare Fund returns (only along with bill / invoice if January/June

Other Documents on monthly basis

• FORM 5 under PF Act – List of new workers joined with the vendor and

working at the site, in pervious month.

• FORM 10 under PF Act – List of left workers from the vendor who had

worked at the site, in previous month.

• FORM 12A under PF Act- PF monthly returns for previous month

(d) What are the registers to be maintained under Contract

Labour Act, on monthly basis?

• FORM XVI /XII– Muster Roll

• FORM XVII / XIII – Register of Wages

• FORM XX / XVI – Register of Deductions

• FORM XXI / XVII– Register of fines

• FORM XXII / XVIII – Register of Advances

• FORM XXIII / XIX– Register of Overtime

ESI half yearly returns

These returns should be submitted to the vendor, to the ESI office, two times in

A years. The periods & due dates are:

Period Due Date Copies to be Collected by Factory Manager

April to September - 12th November Along with November Bill

October to March - 12th May Along with May Bill

Half yearly returns to Labour office in Form XXIV

This return also will happen twice a year.

1. January to June

2. July to December.

Please collect the copy of the return for the period January to June, in July and July to December, in January.

Every vendor should submit the returns to the labour commissioner, PF office, Every year.

PF annual returns (form 3A & 6A) :

These returns will be submitted to PF office by the vendor, every year, in March. The due date to submit to the PF office is on or before 12th May. Please collect Copy of the same.

Payment of Bonus (form C) :

Copy of the payment of bonus which can be collected in the month of October

Bonus Returns (form D) :

Copy of bonus annual returns, which can be collected in the month of March

Labour welfare Fund returns

These returns should be submitted to the welfare Fund office by the vendor, Twice in a year, in the month of January and June. This can be collected along with the Invoice, for the month of February.

Contract Labour Licence – Renewal

Every licence will be granted or renewed shall remain in force for twelve Months from the date it is granted or renewed. So, copy of the renewed license Should be submitted by the vendor, in applicable month.

for more details read this document

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From India, Coimbatore
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