Sr. Personnel Officer
Marketing & Hr
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.
2nd November 2010 From India, Mumbai
3rd November 2010 From United States, San Francisco
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.
Advocates & Notaries & Legal Consultants
E-mail : rajanassociates@eth,net,
3rd November 2010 From India, Bangalore
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
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.
27th January 2011 From India, Mumbai
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.
28th January 2011 From India, Delhi
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.
29th January 2011 From India, Mumbai
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
30th January 2011 From India, Kumbakonam
Plz. Let Me know
6th May 2011 From India, Pune
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.
9th May 2011 From India, Delhi