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Dear All,
In our establishment,we have weigh Bridge for which our commercial department awarded annual maintenece contract(AMC) to a agency for which almost 10 to 11 person staying nearby our company for service the weigh Bridge by that agency.These people are coming regularly inside the premises in oder to check the machine and other service related with the machine.Now my quiry is whether CLRA act and other labour laws are applicable to this agncy or not.
Mantu71
From India, Calcutta
In our establishment,we have weigh Bridge for which our commercial department awarded annual maintenece contract(AMC) to a agency for which almost 10 to 11 person staying nearby our company for service the weigh Bridge by that agency.These people are coming regularly inside the premises in oder to check the machine and other service related with the machine.Now my quiry is whether CLRA act and other labour laws are applicable to this agncy or not.
Mantu71
From India, Calcutta
In respect of AMC, provisions of CLRA Act will not apply. AMC is an arrangement wherein the person giving the contract does not know who are going to be deputed for serving and also he is totally ignorant about how many are going to be deputed for the purpose. That means the employer has no control over the persons engaged by the AMC holder. But my concern is why he is deputing this much persons and that also on a daily basis. Is it so required?
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Dear Shri. Madhu ji,
With due respect to you Sir, I differ with your views. When 10-11 persons visit regularly to check the machin and to do service related jobs, in this case it is not an AMC even you call it as an AMC. Certainly provisions of CLRA and other applicable labour laws are applicable to such AMC beyond any doubt. Since such employees are less than 20, the contractor is not liable to obtain labour Licence but the PE is liable to enroll the name of contractor in his RC. Presuming this CLRA is applicable to the establishment.
From India, Mumbai
With due respect to you Sir, I differ with your views. When 10-11 persons visit regularly to check the machin and to do service related jobs, in this case it is not an AMC even you call it as an AMC. Certainly provisions of CLRA and other applicable labour laws are applicable to such AMC beyond any doubt. Since such employees are less than 20, the contractor is not liable to obtain labour Licence but the PE is liable to enroll the name of contractor in his RC. Presuming this CLRA is applicable to the establishment.
From India, Mumbai
AMC Means in case of any operational difficulties and maintenance requirement, the AMC people will come and do the necessary repair/maintenance work and after rectification they will guide the procedure about the operation method of the concerned machinery/equipment, which does not need to follow the CLRA Act as said by Mr. Madhu.
But if the company has contracted an agency for maintaining the weigh bridge is surely comes under CLRA Act as said by Mr. Keshav.
Because the maintenance has been contracted by the employer to some agency and not the Manufacturer. The concerned agency is doing the maintenance/operational part regularly by keeping more than 10 workers. Hence the PE has to obtain the Registration Certificate of Establishment.
From India, Kumbakonam
But if the company has contracted an agency for maintaining the weigh bridge is surely comes under CLRA Act as said by Mr. Keshav.
Because the maintenance has been contracted by the employer to some agency and not the Manufacturer. The concerned agency is doing the maintenance/operational part regularly by keeping more than 10 workers. Hence the PE has to obtain the Registration Certificate of Establishment.
From India, Kumbakonam
AMC jobs will not attract Contract Labour engagement activity. Whereas in this case, the employees are coming regularly to do activity, in such cases it is mandatory that AMC party should have proper Contract Labour registration with labour epartment and should have Employee Comensation Policy to coverage of risk. We should have to check those documents before engagement of such people in our premises.
Ram.
From India, Chennai
Ram.
From India, Chennai
I agree with Mr Madhu.The definition of 'contract labour' in the Act shows that a person is deemed to be a contract labour only if he is hired by or through a contractor.If no employee is hired Through a contractor,but only a work is given to contractor by way of contract for service with no control by the PE on the number of workers.manner of work of each such person,and no control or supervision of person by PE,no role on recruitment of employees ,then CLRA act will not be attracted.Instead if contractor is only supplying person to the PE then the Act is applicable.This my opinion.
VARGHESE MATHEW
9961266966
From India, Thiruvananthapuram
VARGHESE MATHEW
9961266966
From India, Thiruvananthapuram
Hi All,
From Employers point of view what Mr. Madhu says is right. But from employees point of view, what happen if there is an Industrial Accident or employees not compensated properly. Then the PE role comes, Labour Legislation will apply. Have some risk policy what Mr. Ram has stated directly or through your Contractor. In order to keep yourself free from tension, it is advisable to apply a Licence under CLRA Act which is very simple.
From India, Bangalore
From Employers point of view what Mr. Madhu says is right. But from employees point of view, what happen if there is an Industrial Accident or employees not compensated properly. Then the PE role comes, Labour Legislation will apply. Have some risk policy what Mr. Ram has stated directly or through your Contractor. In order to keep yourself free from tension, it is advisable to apply a Licence under CLRA Act which is very simple.
From India, Bangalore
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#Subject List: employees compensation act City-India-Calcutta compensation act contract labour act labour law labour licence contract labour labour laws labour license preventive maintenance labour act independent contractor Country-India
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