Dear All,
I want to know that who is responsible under labor law if ...........
1- Principal Employer is not release salary bill of contractor as result contract labor will not get wages .
2- If principal employer release all dues of contractor & contractor is not disbursement of wage ?
3- If principal employer is not release esic & epf contribution of own share(employer) & contractor have already deposited of employee's share.
Regards,
Nagendra
From India, Bahadurgarh
I want to know that who is responsible under labor law if ...........
1- Principal Employer is not release salary bill of contractor as result contract labor will not get wages .
2- If principal employer release all dues of contractor & contractor is not disbursement of wage ?
3- If principal employer is not release esic & epf contribution of own share(employer) & contractor have already deposited of employee's share.
Regards,
Nagendra
From India, Bahadurgarh
Responsibility for payment of wages.-
(1) A contractor shall be responsible for payment of wages to each worker employed by him as contract labour and such wages shall be paid before the expiry of such period as may be prescribed.
(2) Every principal employer shall nominate a representative duly authorized by him to
be present at the time of disbursement of wages by the contractor and it shall be the duty
of such representative to certify the amounts paid as wages in such manner as may be
prescribed.
(3) It shall be the duty of the contractor to ensure the disbursement of wages in the
presence of the authorized representative of the principal employer.
(4) In case the contractor fails to make payment of wages within the prescribed period
or makes short payment, then the principal employer shall be liable to make
payment of wages in full or the unpaid balance due, as the case may be, to the
contract labour employed by the contractor and recover the amount so paid from the
contractor either by deduction from any amount payable to the contractor under
any contract or as a debt payable by the contractor.
From India, Secunderabad
3(1) A contractor shall be responsible for payment of wages to each worker employed by him as contract labour and such wages shall be paid before the expiry of such period as may be prescribed.
(2) Every principal employer shall nominate a representative duly authorized by him to
be present at the time of disbursement of wages by the contractor and it shall be the duty
of such representative to certify the amounts paid as wages in such manner as may be
prescribed.
(3) It shall be the duty of the contractor to ensure the disbursement of wages in the
presence of the authorized representative of the principal employer.
(4) In case the contractor fails to make payment of wages within the prescribed period
or makes short payment, then the principal employer shall be liable to make
payment of wages in full or the unpaid balance due, as the case may be, to the
contract labour employed by the contractor and recover the amount so paid from the
contractor either by deduction from any amount payable to the contractor under
any contract or as a debt payable by the contractor.
From India, Secunderabad
For whatever reason the contractor does not pay contribution, the ultimate responsibilty to pay it squarely rests with the Principal employer. B.Saikumar HR & Labour Advisor Mumbai
From India, Mumbai
From India, Mumbai
A Private Limited Company is presently constructing a commercial building for hotel. The company had appointed a contractor for the same. The contractor has given work under his contract to Sub Contractor. The work was going on smoothly at site.
The Director of the Company under went open heart surgery. As the director only had the knowledge as what is to be made and where and he only used to look after day to day work of construction, Therefore the family members of the director stopped the work on site and settled the account with the contractor.
In the mean while, there was a dispute between contractor and the sub contractor. The contractor removed the sub contractor without finalisation of his account with him. The Sub Contractor thru his employees filed a case in labour court in the name of employees pleading that they were not paid wages from Nov 2012 to Mar 2013. Now the labour court has issued summons to the director of the company and the contractor. The name of sub contractor does not appear any where in the application filed by the workers.
Please advise how to handle the case.
Thanks
Jawaharlal
From India, Jodhpur
The Director of the Company under went open heart surgery. As the director only had the knowledge as what is to be made and where and he only used to look after day to day work of construction, Therefore the family members of the director stopped the work on site and settled the account with the contractor.
In the mean while, there was a dispute between contractor and the sub contractor. The contractor removed the sub contractor without finalisation of his account with him. The Sub Contractor thru his employees filed a case in labour court in the name of employees pleading that they were not paid wages from Nov 2012 to Mar 2013. Now the labour court has issued summons to the director of the company and the contractor. The name of sub contractor does not appear any where in the application filed by the workers.
Please advise how to handle the case.
Thanks
Jawaharlal
From India, Jodhpur
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