Dear All,
I'm working in a Manufacturing company which is existing at Pondicherry. Recently, My Factory has visited by Labour Enforcement officer and noticed that,
''The Management engaged the contract labours without obtaining the contract license under the Act, in violation of section 12(1)
of the contract labour (Regulation & Abolition) Act,1970. In this regard you're directed to your explanation on the following
contravention.
i) Section 7 (1) of the Contact Labour (Regulation & Abolition) Act, 1970 and read with rule17(1) of the Pondicherry contract labour
(Regulation & Abolition) Rules, 1973 - The contractor engaged contract workers without obtaining Registration Certificate.
ii) The contract Labourers were not covered under the ESI & EPF.
Therefore, You're directed to immediate rectify the above contraventions within a week time, failing which appropriate legal action will be taken against you for non compliance of the provisions of the Act and Rules''.
In that time, they clearly verified the records that We're using maximum 15 contract workers from 3 contractor, and each are providing 15 manpowers maximum per shift.
1. What I've to do now?
Kindly make me to clear that how can i explain to the Labour office that My company doen't comes under the Contract Labours (Regulation & Abolition) Act...
2. Pondicherry Rules and Acts in Contract Labours (Regulation & Abolition) Act and Rules are same or not while we compare with CLRA.
Thanks & Regards
Saravana Kumar.T
From India, Pondicherry
2I'm working in a Manufacturing company which is existing at Pondicherry. Recently, My Factory has visited by Labour Enforcement officer and noticed that,
''The Management engaged the contract labours without obtaining the contract license under the Act, in violation of section 12(1)
of the contract labour (Regulation & Abolition) Act,1970. In this regard you're directed to your explanation on the following
contravention.
i) Section 7 (1) of the Contact Labour (Regulation & Abolition) Act, 1970 and read with rule17(1) of the Pondicherry contract labour
(Regulation & Abolition) Rules, 1973 - The contractor engaged contract workers without obtaining Registration Certificate.
ii) The contract Labourers were not covered under the ESI & EPF.
Therefore, You're directed to immediate rectify the above contraventions within a week time, failing which appropriate legal action will be taken against you for non compliance of the provisions of the Act and Rules''.
In that time, they clearly verified the records that We're using maximum 15 contract workers from 3 contractor, and each are providing 15 manpowers maximum per shift.
1. What I've to do now?
Kindly make me to clear that how can i explain to the Labour office that My company doen't comes under the Contract Labours (Regulation & Abolition) Act...
2. Pondicherry Rules and Acts in Contract Labours (Regulation & Abolition) Act and Rules are same or not while we compare with CLRA.
Thanks & Regards
Saravana Kumar.T
From India, Pondicherry
Dear Saravana Kumar.T,
It is hereby clarified that Registration certificate is to be obtained by the principal employer & Licence is also to be taken by the contractor if they are employing 20 or more contract workers. P E is liable to have registration certificate if the total no. of contract workers which are employed through one contractor or by a no. of contractors is 20 or more on any day of the preceding 12 months.Simillarly if contractor is employing 20 or more workers on any day in all the shifts then these contractors are also required to have licences from the appropriate Licensing Officer of the area. Why Govt. Officer will misguide you? This is due to our ignorance of law that we think like this. State Rules are made/ framed to have procedure for implentation of Act. You are also advised to go through the Act & Rules before finalising the matter in hand.
Opinion Submitted as requested.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
It is hereby clarified that Registration certificate is to be obtained by the principal employer & Licence is also to be taken by the contractor if they are employing 20 or more contract workers. P E is liable to have registration certificate if the total no. of contract workers which are employed through one contractor or by a no. of contractors is 20 or more on any day of the preceding 12 months.Simillarly if contractor is employing 20 or more workers on any day in all the shifts then these contractors are also required to have licences from the appropriate Licensing Officer of the area. Why Govt. Officer will misguide you? This is due to our ignorance of law that we think like this. State Rules are made/ framed to have procedure for implentation of Act. You are also advised to go through the Act & Rules before finalising the matter in hand.
Opinion Submitted as requested.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
If in a year 20 or more contract workers are engaged the above act is applicable. So irrespective of 15 workers per contracters, you have actually hired 15* 3 workers on contract so this act should be applicable to you.
dear saravana
altogether you have hired 45 contract worker ,so u are required to have registration with labour depatment for hiring contract labour.each contactor have 15 workers so they are not required to have licence but you have to take registration.
ESI&PF is immaterial,you have to deposit the same if you are hiring only two persons on contract.oif contractot does not have code than you are required to deposit on your code.
regARDS
J S MALIK
From India, Delhi
altogether you have hired 45 contract worker ,so u are required to have registration with labour depatment for hiring contract labour.each contactor have 15 workers so they are not required to have licence but you have to take registration.
ESI&PF is immaterial,you have to deposit the same if you are hiring only two persons on contract.oif contractot does not have code than you are required to deposit on your code.
regARDS
J S MALIK
From India, Delhi
Kindly let me know what kind of registrations(compliances) are applicable to a Project Management Consultancy(PMC) in Construction Industry.
PMC generally represents client,it has employees but not any labours working of their own on construction site.This labours are directly handled by Clients nly.
Kindly suggest and revert at earliest.
From India, Pune
PMC generally represents client,it has employees but not any labours working of their own on construction site.This labours are directly handled by Clients nly.
Kindly suggest and revert at earliest.
From India, Pune
Dear Saravana,
As you said that, there are 3 contractor who are providing the 15 manpower by EACH contractor, it means total manpower is 45.. please correct me if i missunderstand your statement.
If it is correct, then Contract labour act shall be applicable to you..
From India, Mumbai
As you said that, there are 3 contractor who are providing the 15 manpower by EACH contractor, it means total manpower is 45.. please correct me if i missunderstand your statement.
If it is correct, then Contract labour act shall be applicable to you..
From India, Mumbai
Dear Saravanakumar,
Since you haven't answered Tushar's follow-up question, we have to presume that based on the no of contract labour engaged in each shift by a single contractor on your behalf in the establishment, you disown your responsibility under the CLRA Act and the PUDUCHERY RULES. Once again read the explanation of Mr.Khola very carefully and check the total no of contract labour supplied by all the 3 contractors in a day and come to a conclusion accordingly.
From India, Salem
Since you haven't answered Tushar's follow-up question, we have to presume that based on the no of contract labour engaged in each shift by a single contractor on your behalf in the establishment, you disown your responsibility under the CLRA Act and the PUDUCHERY RULES. Once again read the explanation of Mr.Khola very carefully and check the total no of contract labour supplied by all the 3 contractors in a day and come to a conclusion accordingly.
From India, Salem
As you have mentioned that you are engaging 3 contractor who are providing maximum 15 manpower respectively. It means total number of manpower provided by the contractor is 45. Then it the necessary for the Principal Employer to get RC. In this case contractor need not take the license as it applied on 20 and more employee. You are a principal employer then it is your responsibility to take RC under CLRA.
Regards
Dinesh Kumar
From India, New Delhi
Regards
Dinesh Kumar
From India, New Delhi
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Gratuity Form N- seeking intervention of Labour Officer.pdf