First go through The Contract Labour (R&A) Act,1970 & Rules of your state and then asked specific question.
(Labour Law & Legal Consultants)
From India, Delhi
Iwas employed in Cadtech cunsultants pvt ltd Delhi. Which provide manpower to Ericsson (MNC). When I resigned from that it blocked my 27ooo rupees. Whenever I asked about the matter they didnt respond well.
It has been more than 1 and half year and I am still in a wait to get back my money but I couldnt find any guidence or help.
Plz suggest me the way.
From India, Mumbai
I M SENDING TO U THE INTRODUCTRY BRIEF OF CONTRACT LABOUR ACT.HOPE THAT IS USEFUL FOR U.
CONTRACT LABOUR ACT
The Act applies to [The Principal Employer of an Establishment] and the contractors employed as more than 20 workmen are/were employed on one day during last year as contract labour.
Registration of Establishment & its fee:
The Principal Employer of an establishment to whom the Act is applicable is required to get himself registered with the Registering Officer of the area i.e. the Assistant Labour Commissioner or the Labour-cum-Conciliation Officer by submitting an application in triplicate in Form-I along with the prescribed fee mentioned herein under.
Grant of certificate of registration:
If the application for registration is complete in all respects, the registering officer shall register the establishment and issue to the principal employer of the establishment a certificate of registration in Form II.
Amendment of certificate of registration:
If in relation to an establishment, there is any change in the particulars specified in the certificate of registration, the principal employer of the establishment shall intimate to the registering officer within thirty days from the date when such change takes place, the particulars of, and the reasons for, such change. On the receipt of the intimation the registering officer is satisfied that there has occurred a change in the particulars of the establishment, as entered in the register in Form III.
Application for a Licence:
- Every application by a contractor for the grant of Licence shall be made in triplicate Form IV, to the licensing officer of the area.
- Every application for the grant of a licence shall be accompanied by a certificate by the Principal employer in Form V.
- Every Licence shall be granted in Form VI.
The Principal employer shall within 15 days of the commencement or completation of each contract work under each contractor, submit a RETURN to the inspector, appointed ,intimating the actual dates for commencement or completion of such contract work, in FormVI-B.
Maintenance of records and submission of returns by Principal Employer:-
Register of contractors in respect of every establishment in Form XII and annual return in Form XXV in duplicate before 15th February.
Filing of Annual Return:
The principal employer shall send annually return in Form-XXV (in duplicate) so as to reach the Registering officer concerned not later than 15th February following the end of the year to which relates.
Display of Notices& Abstract of Act and Rules:
- The principal employer shall display Notices showing the rates of wages, hours of work, wage period, dates of payment of wages name and addresses of the inspectors having jurisdiction, and date of payment of unpaid wages in English and in Hindi and in the local language understood by the majority of workers.
- Contractor shall display an abstract of the act and rules in English and Hindi or in the local language understood by the majority of workers.
- The employer has to ensure that the contractor is paying wages to his workmen before expiry of the 7th day of every month if the number of workers employed in the Company does not exceed a thousand, or before the expiry of the 10th day of every month if the number of workers employed in such Company are more than one thousand.
- To ensure that minimum wages are paid to contract labour.
- The Principal Employer shall pay wages in full to the contract workmen in case if the contractor fails to pay the same.
- The principal employer is statutorily responsible for payment of wages to contract labourers including arrears, in case, contractor commits default which he can recover from the contractor by deducting from any amount payable to him or as debt payable to him or as debt payable by him.
- The Act stipulates the obligation of principal employer and contractor employing contract labour to provide canteens facilities. In case of failure on the part of the contractor to provide such facilities, the Principal Employer is made liable to provide the amenities.
- The principal employer shall ensure while making payment to the contractor that the contractor has paid the employees provident fund contributions deductions both of the contractor and employees on time.
- The Act enjoins obligation on every principal employer and every contractor to maintain the registers and records.
- The principal employer shall send the return annually so that it reaches the registering officer not later than 15th February following the end of the year to which it relates.
- Muster Roll(Form-XVI)
- Register of Wages(Form-XVII)
- Register of Deductions for damage or loss (Form-XX)
- Register of Overtime(Form-XXIII)
- Register of Fines (Form-XXI)
- Register of Advances(Form-XXII)
- Wage slip(Form-XIX)
- Maintain register of employed person in Form-XII.
- Shall issue an employment card in Form –XIV.
- Shall issue a service certificate in Form-XV
From India, Mumbai
Go ahead on the advice/tips of Dipti Srivastva Advocate if in your case the appropriate Govt. is Central government.
(Labour Law & Legal Consultants)
From India, Delhi
The documents are as follows :
Copy of contractor Labour (OR) Application along with security
deposit details in form IV
Copy of commencement & completion of contract in from VI-A
Proof of having PF registration number
Proof of having ESIC registration number
Labour welfare Fund registration certificate copy (If applicable)
Shop & Establishment registration certificate copy
Professional Tax number
Exemption to maintain computerized records Under Minimum Wages Act
Copy Of Employment cards of the contract works in form XIV
Copy of ESI cards for employees [OR] Copy of Form 3 with Return of
declaration for all the works under contractors working at the site
Notices to be displayed under Minimum wages Act, Payment of wages Act,
Contract Labour Act (Rule 81)
Document along with Bill / Invoice
Muster Roll in for previous month in form XVI/XII
PF challan for previous to previous month
ESI challan for previous to previous month
Declaration / undertaking for current month
Labour Welfare Fund returns (only along with bill / invoice if January/June
Other Documents on monthly basis
FORM 5 under PF Act List of new workers joined with the vendor and
working at the site, in pervious month.
FORM 10 under PF Act List of left workers from the vendor who had
worked at the site, in previous month.
FORM 12A under PF Act- PF monthly returns for previous month
(d) What are the registers to be maintained under Contract
Labour Act, on monthly basis?
FORM XVI /XII Muster Roll
FORM XVII / XIII Register of Wages
FORM XX / XVI Register of Deductions
FORM XXI / XVII Register of fines
FORM XXII / XVIII Register of Advances
FORM XXIII / XIX Register of Overtime
ESI half yearly returns
These returns should be submitted to the vendor, to the ESI office, two times in
A years. The periods & due dates are:
Period Due Date Copies to be Collected by Factory Manager
April to September - 12th November Along with November Bill
October to March - 12th May Along with May Bill
Half yearly returns to Labour office in Form XXIV
This return also will happen twice a year.
1. January to June
2. July to December.
Please collect the copy of the return for the period January to June, in July and July to December, in January.
Every vendor should submit the returns to the labour commissioner, PF office, Every year.
PF annual returns (form 3A & 6A) :
These returns will be submitted to PF office by the vendor, every year, in March. The due date to submit to the PF office is on or before 12th May. Please collect Copy of the same.
Payment of Bonus (form C) :
Copy of the payment of bonus which can be collected in the month of October
Bonus Returns (form D) :
Copy of bonus annual returns, which can be collected in the month of March
Labour welfare Fund returns
These returns should be submitted to the welfare Fund office by the vendor, Twice in a year, in the month of January and June. This can be collected along with the Invoice, for the month of February.
Contract Labour Licence Renewal
Every licence will be granted or renewed shall remain in force for twelve Months from the date it is granted or renewed. So, copy of the renewed license Should be submitted by the vendor, in applicable month.
for more details read this document
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From India, Coimbatore