Labour Laws & Ir
SOUBHIK KUMAR GHOSH
Hr - Incharge
You are right in saying that according to the Contract Labour (R&A) Act, 1970 & Haryana Rules we are not to renew the Registration Certificate but if there happens to be any change in the particulars specified in the R C then Principal Employer of the establishment shall intimate to the Registering Officer such change u/r 18(4) of the Haryana C L (R&A) Rules, 1975. Therefore, though taking of R C is one time process but we are to apply for amendment to the R O for instance if the period of Contract in R C is up to 2010 & if you apply for renewal for 2011 then the R O will ask you to produce the copy of amended R C.
Now coming to your second point relating to Punjab LWF Act, 1965 as applicable to State of Haryana it is submitted that the definition of the establishment runs as under:
‘ establishment’ means a factory and includes any premises including the precincts thereof wherein and in any part of which any industry within the meaning of clause (j) of section 2 of the Industrial Disputes Act,1947(Act 14 of 1947), is carried on and also includes a shop or a commercial establishment within the meaning of the Punjab Shops and Commercial Establishment Act, 1958 (Punjab Act 15 of 1958), in which, on any day, ten or more employees are employed or were employed during the preceding twelve months.
In my opinion your construction industry is covered under the definition of the ‘industry’ under the Industrial Disputes Act, 1947 & hence your work is also covered under the definition of the establishment under the Punjab LWF Act, 1965 which requires deduction of LWFC from the employee & deposit of this amount with the contribution of the employer with the HLWB. As you are also covered under the BOCW Act, 1966 here we also find a provision relating to membership which of course with certain conditions. For details one can go through Rule 28(section12) of Haryana BOCW (RE&CS) Rules, 2005 regarding membership of the building workers.
Opinion submitted as requested.
12th February 2011 From India, Delhi
12th February 2011 From India, Delhi
As advised by Mr. R.N. Khola, only the Lincence is required to be renewed.
For any registration there is no question of renewal arises.
Registration of Establishment under Contract Labour Act and Registration of construction site under BOCW Act does not require any renewal procedure.
The Objection raised by your authority is as like collection of some important document shown in Kamal Hasan's Film Hindustani.
In case of Labour Welfare Fund it should be paid as per No of workmen worked during the entire year (maximum numbers in any one day of the year). and BOCWW Cess is paid as per the contract value or Total cost of work done in the year (Minimum 1 % and Maximum of 2% as fixed by the concerned State Government).
Further more one more aspect is there in BOCW Registration. i.e., The construction workers whoever worked more than 4 months in a construction company has to get registered as Construction worker and they will be issued with a Construction ID Card by concerned Authority. For registered Construction worker Govt is giving some benefits like free treatment, Insurance cover, accidental death benefit and other so called facilities.
You can take correct advise from Mr. R.N. Khola regarding the current requisites about Haryana Rules.
13th February 2011 From India, Kumbakonam
Unfortunately this labour officer is not ready to listen and adamant on renewal as ,as per him, the RC has got a mention of UP TO date.As you can't argue much, so I am going for renewal
14th February 2011 From India, Delhi
You can attach the following documents
1. Labour Licence in Origibnal
2. Application in Form VII (In Duplicate)
3. License Fee paid Challan in appropriate Treasury
4. Work Order / Letter of Indent issued by PE for extended period of contract.
5. Joint Undertaking for payment of Minimum Wages by PE &Contractor (Some States are asking for this Undertaking).
1st September 2012 From India, Kumbakonam
what are the need of documents please share to me any one,
i need argent,
17th November 2017 From India, Hyderabad