Dear All,
I need your guidance for my query that Labour Licence is applicable to Staff or not. Staff means Engineers, Supervisor, Managers, GETs, HR & Admin Staff etc. whose salary is more than 10,000/- pm. For Example: My Company itself a contractor, and we have employed 380 workers & 100 staff. We have taken Labour Licence to cover 400 Workmen. Here we consider only our 380 workers for labour licence purpose & excluded staff from labour licence. Is it legal or we need to cover staff also.
Kindly advise!!
Regards,
Ram Ahir
From India
1I need your guidance for my query that Labour Licence is applicable to Staff or not. Staff means Engineers, Supervisor, Managers, GETs, HR & Admin Staff etc. whose salary is more than 10,000/- pm. For Example: My Company itself a contractor, and we have employed 380 workers & 100 staff. We have taken Labour Licence to cover 400 Workmen. Here we consider only our 380 workers for labour licence purpose & excluded staff from labour licence. Is it legal or we need to cover staff also.
Kindly advise!!
Regards,
Ram Ahir
From India
As per contract Labor act Workman does not include employees who are employed in a managerial or administration position or who are employed as a supervisor draws salary exceeding Rs 5000/ pm.
I hope you have well understood the above clause.
Rgrds
From India, Pune
I hope you have well understood the above clause.
Rgrds
From India, Pune
Dear Ram ji,
The CLRA applies – (a) to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour;
(b) to every contractor who employs or who employed on any day of the preceding twelve months twenty or more workmen.
“Workman” under the Act means, any person employed, in or in connection with the work of any establishment to do any skilled, semi-skilled or un-skilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied but does not include any such person-
(A) who is employed mainly in a managerial or administrative capacity; or
(B) who, being employed in a supervisory capacity draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature; or
(C) who is an out-worker, that is to say, a person to whom any articles and materials are given out by or on behalf of the principal employer to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the trade or business of the principal employer and the process is to be carried out either in the home of the out-worker or in some other premises, not being premises under the control and management of the principal employer.
You are advised to take decision in light of above.
From India, Mumbai
The CLRA applies – (a) to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour;
(b) to every contractor who employs or who employed on any day of the preceding twelve months twenty or more workmen.
“Workman” under the Act means, any person employed, in or in connection with the work of any establishment to do any skilled, semi-skilled or un-skilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied but does not include any such person-
(A) who is employed mainly in a managerial or administrative capacity; or
(B) who, being employed in a supervisory capacity draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature; or
(C) who is an out-worker, that is to say, a person to whom any articles and materials are given out by or on behalf of the principal employer to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the trade or business of the principal employer and the process is to be carried out either in the home of the out-worker or in some other premises, not being premises under the control and management of the principal employer.
You are advised to take decision in light of above.
From India, Mumbai
HAI RAM,
CONTRACT LABOUR R&A ACT MEANT FOR MANNUAL WORKERS, LIKE WHILE COLLAR AND BLUE COLLAR JOBS. ONLY BLUE COLLAR JOBS HOLDERS NEEDS THE CL LICENSE BY THE APP GOVT. IT CAN BE INCLUDED THE OFFICE STAFF, ENGINEERS, CONTRACTOR REPRESENTATIVE IN THE MUSTER ROLLS.
From India, Visakhapatnam
CONTRACT LABOUR R&A ACT MEANT FOR MANNUAL WORKERS, LIKE WHILE COLLAR AND BLUE COLLAR JOBS. ONLY BLUE COLLAR JOBS HOLDERS NEEDS THE CL LICENSE BY THE APP GOVT. IT CAN BE INCLUDED THE OFFICE STAFF, ENGINEERS, CONTRACTOR REPRESENTATIVE IN THE MUSTER ROLLS.
From India, Visakhapatnam
Dear Ram ji,
"Mensem" is a latin word meaning every month.
You must of wondered reading ''five hundred rupees per mensem''. The figure is correct as mentioned in Act and not amended till date. Today no one is getting below Rs. 500/- per month.
From India, Mumbai
"Mensem" is a latin word meaning every month.
You must of wondered reading ''five hundred rupees per mensem''. The figure is correct as mentioned in Act and not amended till date. Today no one is getting below Rs. 500/- per month.
From India, Mumbai
The replies given by Shri Korgaonkar are very clear.
From the total workmen employed, please exclude
(1) persons employed in Managerial or administrative capacity
(2) persons employed in supervisory capacity and drawing Rs 500 per month
and function mainly in managerial capacity
(3) out workers, who are sourcing raw materials from or on behalf of principal employer
and doing work in a place not at the control and management of the Principal employer.
The remaining are workmen covered under CL(R&A) Act 1970
From India, Madras
From the total workmen employed, please exclude
(1) persons employed in Managerial or administrative capacity
(2) persons employed in supervisory capacity and drawing Rs 500 per month
and function mainly in managerial capacity
(3) out workers, who are sourcing raw materials from or on behalf of principal employer
and doing work in a place not at the control and management of the Principal employer.
The remaining are workmen covered under CL(R&A) Act 1970
From India, Madras
As per your license, you had taken for 400 employees but actually employing 480 employees. Here you have to renew your license and extend the no. of employee by 500 or 650 for future use.
From India, Lucknow
From India, Lucknow
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