Saswatabanerjee
Partner - Risk Management
Abhijit_Barua
Asst. Manager Compliance
Emanjunatha
Hr Generalist
SOUBHIK KUMAR GHOSH
Hr - Incharge
Uniquekuldeep
Hr Executive
Hotgautam
Hr Manager
Jadhav2011
Admin.manager
Kantkamal
Hr Head
Anil_manpur
Associate Branch Manager
Firozroushan
Business
+3 Others

Thread Started by #Indrajit Sharma

We have Computer Software & Hardware Trade Licence. We are a partnership firm. We are executing data entry job on annual rate contract basis. We have 20 data entry operator are engaging in our different establishment. We are working in a CPUC where only 12 data entry operator is engaged.
Now the question is that the PSU wants us to get labour licence. Is it mandatory to take labour licence for this sort of job as per Contract Labour Act?
Please give proper guidance.
21st December 2012 From India, Kolkata
1.Principle employer has to get register your establishment under CLRA Act
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.
Regards
D Pannerselvam
09842219133
21st December 2012 From India, coimbatore
Dear Indrajeet,
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.
Regards
Praveen
21st December 2012 From India, Bangalore
Dear sir / madam
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.
Indrajit Sharma
21st December 2012 From India, Kolkata
Dear Indrajit,
follow Mr.pannerselvam d instruction without any confusion. Because Shop & Establishment Act and contract labour act are different. Regarding your question u have to required labour license.
22nd December 2012 From India
As per contract labour act, if you engaged more than 20 employees then only you can appply for the Labour Licence, as per the CLR act no need to make labour license. Manjunatha E HR Generalist
22nd December 2012 From India, Chennai
Since you have more than 20 employees, you need to take contract labour license. It’s better you comply.
22nd December 2012 From India, Mumbai
Dear Indrajit,

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.

Regards,

Kuldeep Singh
22nd December 2012 From India, Vijayawada
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 the requirements are 1) The Principal employer must have got regitration with the Licensing auth. under CLR&A ACT, 2) A copy of work order 3) Form V issuedby principle employer and DD towards security and License fee.
24th December 2012 From India, Delhi
Dear Indrajit,
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
Abhijit Barua
8th January 2013 From India, Kolkata
Dear i sharmaji,
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
Our establishment have two coal mines controlled by one Principal employer. One of the contractor supplies 15 contract labours for each of the two mines under separate work orders, thus crossing limit of 20 persons employed in the same establishment. Whether the contractor should obtain licence in this case or not?
9th February 2013 From India, Pune
Hai hotgautamji, the labour licence is required for more than 20 employed in one work order it may be in the same establishment
9th February 2013 From India, Visakhapatnam
I would disagree
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
Saswatabenarjee,
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
Yes, sorry.
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
Licence issuing authority is assist commissioner of labour, central previously joint commissioner of labour, state. Happy on seeing your reply sir
10th February 2013 From India, Visakhapatnam
I meant to ask : When does the contral government issue a license as against the normal practice of a state government. What conditions do we need to fulfill ?
11th February 2013 From India, Mumbai
the alc will notify the establishments for this purpose specifically other state is the licence issuing authority. Our is the central govt. Organisation like that in our visakhapatnam some more central govt organisation have been notified in the central alc purview. Remaining procedure is same in both
11th February 2013 From India, Visakhapatnam
Where can i get a list of places which are under central authority ? I would like to know more about that
11th February 2013 From India, Mumbai
Thanks to everyone, but the answers are not categorical. The contractor have more than 20 labours on his roll but by distributing them at different locations, he is able to evade licence requirement and thus all the responsibility of an employer.
15th February 2013 From India, Pune
Dear hotgautam
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
Dear Seniors As per CLRA BIHAR or West Bengal Rules 1971 , is there any provision for more than 09 employeses to get a License under CLRA Act 1970. Please carify. Regards
27th February 2014 From India, Kolkata
Hi sir,

i have a firm (enterprises) i am providing labours but the company demanding labour licence. and CA says that labour licence is not required in case of enterprises. only registration copy of this firm is enough.
please tell the truth.
16th March 2015 From India, Delhi
Hiee,
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
Dear Sir/Madam,
I have required the latest application format for applying central labour license.
Also required all latest formats of CLRA.
Thanks & Regards
Asif Nilger
#9413803467
9th April 2018 From India, Mumbai
CLR Act applies if any establishment employees 20 or more workmen. In this case, contractor is free from obtaining labour license if he employees/employed less than 20 workmen. Payment of Bonus Act also applies in the establishment where 20 or more workmen employed. But contractor claims bonus and paid the same to the workmen even if the number workmen is less than 20. Why?
17th May 2018 From India, Mumbai
Labour licence are use to many companies valid or no valid ?
9th July 2018 From India, Bharuch
Dear All,
Can we consider labor license application if contractor deputed manpower without license for fresh PO. any writing prof.
17th September 2018 From India, Mumbai
Dear All
++++++++++++++ Thanks for your inputs. Wish a happy and prosperous festival of lights, DIWALI +++++++++++++
5th November 2018 From India, New Delhi
Reply (Add What You Know) Start New Discussion

Cite.Co - is a repository of information created by your industry peers and experienced seniors. Register Here and help by adding your inputs to this topic/query page.
Prime Sponsor: TALENTEDGE - Certification Courses for career growth from top institutes like IIM / XLRI direct to device (online digital learning)





About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Co™