Saswatabanerjee
Partner - Risk Management

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Hi

I need a clarification on the following :

We have a case where there is a contractor who has 10 sub contractors working for him. He has a contract labour license (in karnataka, where the site is located) and each of the sub-contractors who have more than 19 workers have contract labour licenses also.

The confusion is :

1. Does the main contractor need license for total workers (including contract workers) or only for the number of workers directly employed by him

2. Does his annual return need to include data on all workers (including contract workers) or only of those working for him

3. Does he have to maintain muster rolls / wage register of all workers (including contract workers) or only of those who work directly for him. The sub-contractors maintain their own muster rolls

4. Can the sub-contractors avoid maintaining muster rolls and registers if the main contractor has the names of all workers listed in his muster roll ?

5. Will the answers be different if the sub-contractors did not obtain license even where they have more than 20 workers ?

Looking forward to feedback on this point.

From India, Mumbai
It is suggested that the main contractor can obtain registration certificate under contract labour act. In RC all the sub contractors name will be addressed. In that case he need not maintain muster register or any other registers on behalf of sub contractors. However, on demand he has to show the relevant documents of sub contractors.
S Rajasekaran

From India, Madras
Ok, but will he need to provide data for all the workers in the annual return or only the workers working directly in his payroll
From India, Mumbai
1:- If you are primary contractor so its your responsibility to take license under contract act for total workers (primary + sub contractor employees)
2:- Annual return need to include data on all workers (including contract workers) also main contractor resp.
3:- In this case you have just maintain your employees muster-roll by your side but its your respo. to check the muster-roll of sub contract employees also.
4:- I think no.
5:- Its the responsibility of primary contractors because the the vendor code issued for only primary contractor not for sub contractor.

From India, Haldwani
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