If you mean to say that there is a permanent closure and thereby all are asked to leave the company, then it is not lay off but retrenchment. In such scenario those who have worked for at least one year will get compensation. The retrenchment compensation will be equal to 15 days salary for every completed year of service. Fraction of a year more than 6 months shall be taken as one year. In addition to the above, one month notice is also required to be given to each employee. In case no notice is given, the employees should be paid one month salary in lieu of notice. This will be two months in case there is a closure of establishment. Again, in the case of an establishment employing more than 100 employees, the notice pay is three months.
In addition to the above, each employee who has worked for 5 years or otherwise eligible for gratuity should get gratuity at the prescribed rate of 15 days salary for every competed year of service.
Please clarify my following doubts
My company has taken civil contract from X X X X X company for constructing boundary wall. That X X X X X company already issued form V to our company to get licence under contract labour regulation and abolition act 1970. Our company applied for licence through Form IV. And also our company is asking me to get registration of establishment under Buildings and Other Construction Workers (Regulation Of Employment And Conditions Of Service) Act, 1996 through FORM-I (See Rule 23(1) ) Application for Registration of Establishments Employing Building Workers for that same workplace/site/location.
Now my doubt is
1. If we have taken licence under contract labour regulation and abolition act 1970 for one workplace/site/location, Is registration of establishment under Buildings and Other Construction Workers (Regulation Of Employment And Conditions Of Service) Act, 1996 required for that same workplace/site/location or not?
2.In that workplace/site/location, following designated employees are working
(i) Deputy Project manager,
(ii)Sr Engineer – Civil,
(v)Civil supervisor and
those peoples are getting approx. starting salary from Rs.10,000 to Rs.1,00,000 per month,
As per contract labour regulation and abolition act 1970 (CLRA),
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; and
who is employed mainly in a managerial or administrative capacity, those employees does not include in the workman meaning,
Now how can we maintain Statutory Compliances, and records under that CLRA act for that workplace/site/location.
In that workplace/site/location total employees strength is approx. above 40 workman on any day of the preceding twelve months.
Your immediate reply regarding above will be appreciated highly
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