Partner - Risk Management
Asst. Manager Compliance
SOUBHIK KUMAR GHOSH
Hr - Incharge
Associate Branch Manager
2.You need to apply contract labour licence Once a principle employer obtained contract registration certificate on your firm,
In your case only 11 data entry operators are working in PSU. if principle employer register your establishment under CLRA Act , you need not apply labour licence. because you have engaged/supplied only 11 data entry operators.(Less than 20 workmen- Condition one will apply)
Condition 1). CLRA act applies only to every contractor who employs or who employed on any dayof the preceding 12 months 20 or more workman.
Condition 2). If any notification in the official gazette apply provisions of CLRA act to any establishment or contractor employing such number of workmen less than 20 as may be specified in the notification.
21st December 2012 From India, coimbatore
Your Question is little bit confused. When your client is asked for labour license, why are you asking for Contract Labour License. You need to get labour license under the Shop & Establishment Act. That is enough for your need.
21st December 2012 From India, Bangalore
Kindly clarify the following:-
We have Computer Software & Hardware Trade Licence. We have a partnership firm & executing data entry job on annual rate contract basis. We have total 20 employees engaging in our different establishment. Out of 20 employees 12 employees engaged in a PSU.
Now the question is that the PSU wants us to get labour licence. Is it mandatory to take Contract labour Licence as per Contract Labour Act?
Please give us proper guide line.
21st December 2012 From India, Kolkata
It is not clear from your query in which State you have these 12 employees. Please note that in some States, labour license is required even if the number of employees are less than 20. I can give you examples of atleast two such states, West Bengal and Andhra Pradesh.
Also note that labour license is to be taken location-wise. For e.g. if you operate in Mumbai at 7 different locations, and if in all these locations labour license is applicable, then you have to take separate labour license for each of these 7 locations within Mumbai. From your query, it is not clear whether these 12 employees are working in the same location of the PSU, or are they scattered. If they are scattered (not sitting in the same location), then further, you need to check if taking license is applicable to you or note.
So, please check two things:
1. What is the minimum number of employees required in your State for the applicability of the act.
2. Whether, employees are working in the same location, or are they scattered. If they are scattered, then whether CLRA is applicable considering point no.1 above.
22nd December 2012 From India, Vijayawada
24th December 2012 From India, Delhi
Labour License under contract labour Act is required for a contractor only if he has employed 20 0r more employees in any establishment against a particular work order. For obtaining labour license required.
But more one thing in west bengal (Labour dept) issued one internal notification.
clearly notification said if he has employed 10 or more then 10 employees engaged any establishment, then they have to take contact labour licence from the authority.
Thanks & Regards
8th January 2013 From India, Kolkata
i am agreeing with the opinion of kantkamal. In the factory's only the form v is issuing against the work order for obtaining the ll it means ll will be issued against the form v without form v there is no scope of issue the ll to any contractor.
27th January 2013 From India, Visakhapatnam
9th February 2013 From India, Pune
The license is required for more than 19 workmen (20 or more) at any partucular location.
You may have different work order for contract employees from the same contractor working at the same place, then you will still need a license if you cross 20.
In case both locations come under one single factory license, then again you will need to get a license for the contractor.
Also please remember that you will need a registration certificate when the principal employer has more than 20 contractors from all contractors working at a single location
10th February 2013 From India, Mumbai
sir i am not adding ji with your name because it is in your name.
Thanks for your clarification.
I think number of workers differs from state to state for labour licence. The issuing authority is also differing from state to state. In our state it transferred to central. Now our licencing authority is acl. PREVIOUSLY JCL, STATE OF AP
Happy to see you sir
10th February 2013 From India, Visakhapatnam
I stand corrected.
The number of 20 was in the original act. Various states have chosen to lower. So the user needs to check the state amendment if any.
I did not understand what you meant by transferred to central. I remember reading on citehr about registration under central zone. But never go clarity on it.
As for my name, I would be happy to be addressed without a "Ji" even if it was not in my name :)
10th February 2013 From India, Mumbai
11th February 2013 From India, Visakhapatnam
The act applies to every contractor who has more than 20 workers.
The applicability is not restricted to those with 20 at one location.
While the license may not be a requirement, the rest of the act and the rules will apply
He does not escape the liabilities of an employer.
He has to follow the regulations all through - maintaining relevant records, leave, payment on due dates, deduction of pf esic, etc. the principle employer better be careful and monitor also since he is responsible for any allure of contractor, irrespective of whether there is a license requirement
16th February 2013 From India, Mumbai
We are a Civil Construction company, currently running a project in Chennai. My query is that our Principle emplyer wants us to get Labour license since the count of labour is above 20. as per my knowledge I demanded them Form 5, and Labour resigtration certificate for which they shared Form 2 with us where in they have covered 2000 workmens.
How do we go for labour license now? please suggest.
9th April 2018 From India, Mumbai
17th May 2018 From India, Mumbai