yagnesh shah
10

hi,
i have a query about form 5, actully we are contract company and having contract with one company, we having agreement and as per contract , our worker also work there from six month.

but now they not issue us a form 5 under contract act.
what is legal procedure and other process???
please help.

From India, Ahmadabad
saswatabanerjee
2383

For a y contractor having more than 19 emoloyees, it is compulsory to have a licence from the authorities under contract labour act.
In order to apply for license, you need form 5 from the employer.
I do not know why your principal employer has not issued the form. They are at a high risk if you do not have a license. Technically, you are required to get the license (or at least apply for it) before you start work,
Better convince the principal employer of how critical this is

From India, Mumbai
prghr
18

Dear Yagnesh Shan
As per yours yesterday's reply you have furnished that because of renewal of labour licence you need form 5, As per the Contract Labour (Regulation and Abolition) Central rule 1971 rule no "29" of 2 says the renewal of labour licence should be renewed in mode of Form VII (Triplicate), You should apply for such a renewal not less than 30 days before the date of which licence expires.
Here my reply is because of renewal of labour licence there is no need for attach form 5, instead you have to attached form VII.

From India, Delhi
yagnesh shah
10

we talk to principle employer so many times. but they delay...and now 6 months pass.... any legal procedure or any idea what to do???
when auditor ask what to say???? labour inspector can understand???? pls reply.

From India, Ahmadabad
prghr
18

Dear Mr Yagnesh Shah
Have you sent any request letter to your principal employer for issuing form V?, if you have already given it is your responsibility to receive the acknowledgement copy of the same, because in future you can show the same into labour inspector for non-issues of Form V.
Let me know what is the purpose you are asking the form V, because my last reply I have clearly mentioned that because of renewal of labour licence there is no need of form V, so clear us you are asking once your principal employer has already give form V aerlier, you don't have right to ask the same, but you can ask them to issue the copy of the same.

From India, Delhi
yagnesh shah
10

hi all,
thanks for reply and as prghr say, we send request letter also....but no reply.......and i know that renewal license document doesn;t required form 5 but i need to show it to labour office and auditors..........
my question is that can we not doing anything for it???? and if it not important or so???? form v is useless???

From India, Ahmadabad
saswatabanerjee
2383

Form 5 is useless once you have the license.
Once you have the license, you do not need Form 5
I hope you are aware that the renewal needs to be applied for at least 60 days prior to expiry of the license.

From India, Mumbai
prghr
18

I will give you give you the next or last option to get the copy of form V, You may also approach the labour office (Attender level) becuase while the time of the issues of labour licence your's perviours HR must be submitted the original form V to labour office, so there is also other chance for getting it, even I don't understand why your pricipal employers are not issue the copy of form V, even recently we have also requested our pricipal employer for issue of copy of form V through our request letter the same day they issued the copy of form V, but your case still I can't understand why they denied even issue the copy of form V, wish u a happy diwali to all.
From India, Delhi
rajanassociates
50

Dear
Put up a letter to them explaining the risk of not issuing form V and wait for their response.
rajanassociates
https://www.citehr.com/285737-legal-...-industry.html

From India, Bangalore
boreddy
we got OFC project from Power grid so we need to take labour licence
From India, Mumbai
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