Hr Trainer & Recruitment Consultant
Sr. Executive, Hr & Admin.
First you should know one thing , here people are giving suggestions, guidlines, their views, and sharing their knowledge. but not attempting any exams, How you ask that much of questions in forum at a time . this is not acceptable by the fair people. Your questions look like testing other people not your doubts.
20th May 2012 From India, Solon
Principal Employer has central license from KARNAL, HARYANA because the Principal Employer is a Telecommunication company. but the contractor wants to labour contract license site is running at Gurgoan, HARYANA. Where to apply for labour contract license from Gurgoan Deputy Labour Commissioner office or Central Licensing authority Karnal.
kindly clarify our doubts.
Bipin Kumar Mishra
30th June 2012 From India, Delhi
CAN U PROVIDE ME ANSWERS OF BELOW QUESTIONS RELATED TO CONTRACT LABOUR .
1. What are the differences between contract labour and outsourcing? Which is a better option and why?
2. Is Contract Labour Act applicable when jobs and services are outsourced?
3. What is the liability for staff engaged through manpower agency?
4. Is Contract Labour Act applicable to seasonal labour?
5. What is a “Sham” contract?
6. What are non-perennial and no-non-permanent jobs which can be assigned to contract labor?
7. Each contractor engaging less than 20 but together they engage more than 20. Will the provisions of registration, licensing and other statutory provisions apply?
8. If a contractor engages a sub-contractor, who is the principal employer?
9. How to convert labour supply contract into job contract?
10. Can and should employer have a say in the number and selection of contract labour?
11. Can we engage contract labour in place of permanent employee?
12. Can and should we engage contract labour in manufacturing jobs? What is the risk involved?
13. Should the contractor issue appointment letter to contract labour?
14. Is it necessary and desirable to issue employment card/gate pass/identity card to contract labour? If so under whose authority/signature? What are the safeguards required?
15. Can we have permanent employees and contract labour working side by side on the same job?
16. What is the best ratio between permanent employees and contract labour? Can we engage 100% contract labour?
17. Should contractor and contract labour be rotated? Why? How often?
18. Can we have different wages and other terms for permanent employees and contract labour doing the same or similar job?
19. Can we transfer casuals/temporaries on the rolls of contractor?
20. Application and implication of P.F., ESI, Bonus, Gratuity and other benefits to contract labour and how to ensure compliance?
21. How to ensure submission of PF and ESI returns by the contractor?
22. How to get a new code/sub-code number from PF Authorities?
23. Security, Housekeeping, drivers, canteens, horticulture etc. on contract/voucher payment. Sustainability? Case laws?
24. What is the liability of principal employer for injury, illness, disability, death etc.
25. Who is to take disciplinary action against contract labour? Under what rules? Are standing orders applicable to contract labour?
26. Statutory requirements and precautions in awarding contract for safeguarding managements’ interests.
27. License not renewed but contractor continues to work. Legal implications including permanency?
28. Contractor changing but contract labour not changing. Implications? Precautions required?
29. Contract terminated due to unsatisfactory performance of the contractor, contractor leaves, can contract labour claim permanency? What should principal employer do?
30. Contract labour terminated through a settlement. Should principal employer be a party?
31. What to do if contractor refuses to pay labour? Can and should Principal Employer pay contract labour directly? Any risk involved?
32. Action required to be taken by the management after abolition of contract labour?
33. How to get rid of contractor and contract labour?
34. How to reduce number of contract labour?
35. Do we have to make P.F. and ESI contribution even for a few days of casual employment?
36. Contract labour demanding permanency. How to handle?
37. Contract labour demanding similar benefits as permanent employees. Is the claim legally valid?
38. Is pension scheme also applicable to contract labour? Details of Pension Scheme?
39. Is Minimum Wages Act applicable to contract labour?
40. Can we split minimum wages so as to reduce PF liability?
41. Is P.F. is to be deducted on basic wage, basic plus DA or total wage? Elements to be included?
42. Employed at Rs. 5,000/-. Can the employee be excluded for P.F. after crossing Rs. 6,500/-?
43. What is the eligibility for working hours, leave, holidays, OT etc. for contract labour?
44. What is the liability of Principal Employer in the case of sub-contracting?
45. Is there any maximum period prescribed for casual, temporary and fixed term employees, trainees? Do breaks in service help in reducing liability?
46. Are trainees exempt from P.F. ESI and minimum wages? Which categories?
47. Are standing orders a must? How soon it is legally required to frame the Standing Orders and get certified after start? After engagement of how many employees? What is the procedure for certification?
48. Employed by one contractor for three years and another for next three years. Who will pay the gratuity?
49. How to ascertain the appropriate Govt. – Central or State?
50. What are the implications of Supreme Court Judgment in the Steel Authority (SAIL) case reversing earlier Air India Judgmp
2nd July 2012 From India, Delhi
#AnonymousEmployers / Industries have the right to engage fresh I.T.I. pass outs/ Graduates etc. as TRAINEES on payment of stipen, generally less than Minimum Wages. After initial training of 6 months or so is over, these Trainees are screened and successful candidates are given permanent posts and grades.
My query is whether a registered Contractor is eligible to engage such ITI pass outs and keep them as Trainees on payment of a stipen, less than the Minimum wages?
18th January 2013 From India, Nagpur