I am working with R. R is having huge civil contracts. For these works, labour is being supplied by V from a village called P. Nowadays, State Administration is objecting movement of labour from village P. State Administrationis saying that for movement of labour, a valid labour licence should be there with the person who is arranging movement.
My question is who is to obtain labour lience. R is telling that I need labour but being supplied by V, V is to obtain licence. V says that I am supply labour for the work of R, so R has to take licence.
Can I can get an advice please.
As per the Contract Labour Act, the prinicpal employee has to get the register itself (firm) for dploying contract labour. He has to name the contractors and number of contract labourers he intends to deploy. This is called as 'registration as principal employer'. For this it has to apply in the prescribed form with Labour Department (Labour Officer / Asst. Labour Commissioner whoever is competent authority) of the reginon. The details required are about the nature of work for which labourers are to be deployed, the duration of work proposed, etc.
Once the principal employer is registered, the contractor (those named by the prin. employer) has to apply for licence with the licencing authority. He has to pay security deposit also per labourer to be employed by him.
The amout of deposit varies from region to region.
The registration and licence are to be renewed annually and returns are to be submitted from time to time. Along with this various welfare measures are to be arranged by the contractor and ensured by the principal employer. Ultimate responsibility is with the principal employer in all terms.
Hope this helps you.
Please see the CLRA and also recent circular of ESI. It will clear all your doubt. In the post of Kalyan he has provided the Circular.
You will also have to see the Inter State Migrants Act.
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