Boss2966
Industrial Relations
Anil Kaushik
Chief Editor,businessmanager
Rajanassociates
Legal Counsel
Indranil
Service
U.K.Singh
Sr. Personnel Officer
Tariq Pervaiz
Policies, Sops,
Ranjeeb
Service
Rahul Dayma
Labour Compliances
Mudaliar Harish.J
Marketing & Hr
+4 Others

Thread Started by #anil kaushik

Dear Friends,
Few days back one of our cite HR member Mr. Anshuman requested me to reply certain questions related to Contract Labour.
Since all the questions seem to be of much relevance, I thought it proper to share answers of all questions with cite HR community as it may serve as valuable clarification on certain issues of Contract Labour which every HR person would like to know.
Looking for your feed back.
Regds,
Anil Kaushik
Chief Editor - Business Manager - HR Magazine
B-138, Ambedkar Nagar, Alwar- 301001(Raj.) India

Mob. : 09829133699
2nd November 2010 From India, Delhi

Attached Files
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File Type: pdf Contract Labour - Clarifications.pdf (46.1 KB, 2260 views)

Dear Anil,
I wish to know brief description of HR Magazine. Could you please forward the contents of HR Magazine and subscription details through any soft copy to this mail id.

Thanks and Regards,
sreehari
2nd November 2010 From India, Pune
Dear Mr. Kaushik,
Clarification given by you in the form of question n answer on engaging contract labour along with the case laws is very knowledgable for our HR Professionals.
Thanks for the posting.
ANIL KHOT
2nd November 2010 From India, Mumbai
Dear Friend, It is very informative and useful to those who employs contract labour. Regards, G.K.Manjunath
3rd November 2010 From India, Bangalore
Excellent information for HR professionals. very handy in dealing with recruitment affairs. Regards, Tariq Pervaiz TradeKey
3rd November 2010 From Pakistan, Karachi
Excellent information clarified a lot of doubts. Could you also through some light on "fixed term employment in terms of a. can a whole facility consist of fixed term contract workers b. is it applicable for employment of all the workers for eg. in a cut and sew factory or limited to some workers specialized in particular operations"?
3rd November 2010 From United States, San Francisco
Dear Mr. Anil,
Can you share amendment made by Andhra Pradesh Govt. in CL Act in 2003, in respect of clarification of Jobs / Activities in connection with its perennial nature of work.
Regards,
Rahul Bagale
3rd November 2010 From India, Mumbai
Dear

The State amendment of Andhra Pradesh in 2003 which introduced a clause restraining the employment of Contract Labour in core activities of any establishment if the same was prohibited by Notification .But it introduced the following exemptions.

[a]. The normal functioning of the establishments is such that the activity is ordinarily done through contractors; or

[b]. The activities are such that they do not require full time workers for the major portion of the working hours in a day or for longer periods, as the case may be;

[c] Any sudden increase of volume of work in the core activity which needs to be accomplished in a specified time"

Also the Andhra Pradesh Amendment introduced a definition clause for "core activities" of an establishment meaning as any activity for which establishment is set up which includes any activity which is essential or necessary to the core activity and it again provides certain exceptions which are follows:-

1]. Sanitation works, including sweeping, cleaning, dusting and collection and disposal of all kinds of waste;

2]. Watch and ward services including security service;

3]. Canteen and catering services;

4]. Loading and unloading operations;

5]. Running of hospitals, educational and training institutions, guest houses, clubs and the like where they are in the nature of support services of an establishment;

6]. Courier services which are in nature of support services of an establishment;

7]. Civil and other constructional works, including maintenance;

8]. Gardening and maintenance of lawns, etc;

9]. Housekeeping and laundry services, etc., where they are in nature

support services of an establishment;

10]. Transport services including ambulance services;

11]. Any activity of intermittent in nature even if that constitutes a

core activity of an establishment; and

12]. Any other activity which is incidental to the core activity.

Also a rider was introduced by the Andhra Pradesh Amendment that the above 12 activities by themselves should not be the core activities of such establishment.

It must be noticed that the Andhra Pradesh Amendment has force only in Andhra Pradesh State and not in the rest of the Country.

With Regards

Advocates & Notaries & Legal Consultants

E-mail : rajanassociates@eth,net,

-9025792684.
3rd November 2010 From India, Bangalore
thank you Shri Kaushik for attaching such a concise valuable attachment. All HR personnel should retain a copy of this attachment for future reference.
3rd November 2010 From India, Calcutta
Business Manager continues to add real value of HR Pro. I request members of the forum to support the cause by sharing their experience.
4th November 2010 From India, Calcutta
Dear Ranjib, Pl. allow me to answer your question on Fix term employment in a separate post totally devoted to this topic. regds anil kaushik
4th November 2010 From India, Delhi
Dear Anil, It was really Helpful information you Have Shared with us. I Really Thank You For taking Your valuable time,and Sharing such a valuable information with us.
4th November 2010 From India, Madras
Hi,
We are a set of mainframe professionals and have planned to start a Mainframe Training classes for Public for which we need you help to undersatnd if we require any kind of licence for starting a mainframe training institue in Bangalore, If yes please kindly let me know the procedure for the same.
more at https://www.citehr.com/306376-licenc...#ixzz19VTQYPWb
29th December 2010 From India, Bangalore
Dera Friend, I think you need to take a licence under karnataka shops & commercial establishment Act to run an institute. regds anil kaushik
30th December 2010 From India, Delhi
Dear Kaushik ji
My query is , we have a RC under Contract labour (R&A) Act , 1970 but one of the contractor in our RC have only 7 workmen (his total company strength is 7). In this case what is the liability of Contractor as well as principal employer for ESI & PF compliance. If yes how can we comply it.
Regards
Manoj Prasad
9311449028
27th January 2011 From India, Mumbai
Dear Manoj,
Assuming that your establishment is covered under ESI and PF, PE(Principal Employer) is lable for both in respect of ESI and PF of labour employed by contractor irrespective of the fact how much labour he deploys.
regds
anil kaushik
09829133699
28th January 2011 From India, Delhi
Dear Kaushik ji
I understand that ESI, PF compliance is liability of PE, but in this case can we leave the contractor free ? & who will remit the employer part of contribution, it should be deducted from contractor bill or by PE itself.
Regards
Manoj prasad
9311449028
29th January 2011 From India, Mumbai
Thank you Mr. Anil for sharing such a wonderful pdf file.
Even some talented and working years together with Contract labour dealing will also have some silly doubts, has been clarified nicely.
Please accept our sincere thanks.
With warm regards
S. Bhaskar
9099024667
30th January 2011 From India, Kumbakonam
Dear Sir, Please tell the is statuary process of engagement of any contractor in the company under contract labor act
2nd May 2011 From India, Delhi
Mr. Anil I just want to get one thing clear that suppose if I have a production unit where i have outsourced the transportation of finished goods to some other agency. and the drivers do their work in the company premises tough the loading and unloading part is by machinery so do the contract labour act still applies to my company.
Plz. Let Me know
6th May 2011 From India, Pune
Dear Rahul,
If the drivers so engaged are working exclusively for you , then they will be under the umbrella of CLA. And if they are independent and also working for others during the day apart from your assignment, they will not attract CLA.
regds
anil kaushik
9th May 2011 From India, Delhi
Dear Sir, I would like to know in which section under Factory Act 1948, it is mentioned that every Factory required one medical officer on 500 or more worker. Please help
10th May 2011 From India, Delhi
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