contract labour

can i get details norms of contract labour act of uttarakhand , is principal employer responsible for PF ,ESI AMMOUNT OF CONTRACT LABOUR ,WHO SUPPOSE TO BE PAY THE AMMOUNT? ALSO FOR CONTRACT AGGREMENT EMPLOYER SHOULD PAY ONLY MINMIUM WAGES ONLY ???


regards,

Dhananjay, hr Manager

Dear Dhananjay
Greetings. The basic and social purpose of Contract Labour R&A Act, with specific Rules & notification from the respective State Government, is to ensure that exploitation of the contract labour is avoided. That is why, although it is the primary responsibility of the Contractor to ensure compliance with the Acts like Payment of Wages, Payment of Minimum Wages Act, Payment of Bonus Act, EPF Act, ESI Act, Workmens Compensation Act. However, in the event of the failure of the contractor to complay with these, it is advisable that the Principal Employer pays off these statutory amounts to the concerned authorities and deducts these amounts from the Contractors dues. Similarly, for the persistent failure of the contractor to fulfill these basic minimum requirements, it is advisable to terminate the contract with him.. Hope this is sufficient. In case you need any other additional inputs, pl feel free to call me on 09822395659 or e mail me at

Regards & wish you all the best
abhirutu

The Contract Labour (R&A) Act is a central Act. Hence there is no possibility for separate norms for Uttrakhand.However you can look for state rule.Regarding Compliances under ESI and PF Act, definition of Employee under these statutes covers Contract Labour also.Hence if contractor is not covered separately the principal employer is liable for all compliances under these acts. Similarly under contract Labour (R&A) Act, the principal employers is liable to ensure payment of minimum wages to contractor Labour.

JOHN

Dear

Pls see the recent ESi Circular.It will solve all your doubts.This is the link:

http://www.citehr.com/esi-recent-cir...d-vt61632.html[ Post by Kalyan]


This by itself a landmark Circular resting all the doubt and apprehension for the Industry.

With Regards

V.Sounder Rajan
VS Rajan Associates,
Advocates & Notaries,
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail :rajanassociates@eth.net
Off : 044-42620864, 044-65874684,
Mobile : 98401 42164.

Hi Greetings

You have to first see whether your organization is under jurisdiction of central govt. or state govt. The jurisdiction is as per Industrial Dispute Act ( Section 2 (1) (a) of Contract Labour Act refers).
If it is under state govt. then rules made by Uttarakhand Govt will apply.
Under the Act the contractor is required to obtain a licence from the licensing authority notified by the appropriate govt (in this case perhaps the Uttarakhand Govt.). The principle employer has to give a form V to the contractor duly signed for obtaining the licence . As per this the Principle Employer undertakes to meet the liabilities of the contractor in case he fails to discharge them. As Principle Employer you can deduct the expenditure incurred by you for meeting the liabilities from his bills. As a measure of abundant caution, one must take an indeminity bond from the contractor before giving form V.

P K Misra

Dear Mr. Dhananjay,

Interesting topic and discussion. Can you please send me your email id and mob. no. to discuss the matter.my email id is .

With regards,

Dharmpal Singh

Dear all,

Please tell me how much we need to pay to get ESIC code for labour contracting.

In Bangalore their are asking to pay one year full ESI amount of 20 employees in advance.

Is that every where the same rule is there or only Bangalore this is rule is applicable.

Please suggest.

Thanks & Regards,

raman

Dear Raman
Greetings. On what basis Bangalore ESI is asking for one year advance of ESI contribution for the minimum 20 employees. What if the employees strength goes down or increases. Have you paid the so called Fixed Minimum Contribution? Pl reply.
Regards

Dear

Uttarakhand Govt give Contract Labour licence for Loading, Unloading and Packing. If you engage contract labour for factory work, contractor should have PF/ESI and service tax uttarakhand code number.

And you should pay monthly.
Minimum Wages as per uttarakhand Govt
PF 13.61%
ESI 4.75%
Service charges 8%

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