HR Consultant

We are having factory license.
We have engaged a contractor to build a compound wall at one of our site and contractor is registered under BOCW Act.
My query is... does privilege leave applicable to contract labour under BOCW?

From India, Visnagar
HR, IR, Law, disc. matters

Dear Vyas, The BOCW Act provides for only a paid holiday in every period of seven days.(Section 28 [2]). This would be the weekly holiday. Otherthan this provision there is no seperate provision for any Previlege Leave.

From India, Bhopal
Partner - Risk Management

Bocw act does not apply to work done in a factory
So contract labour will apply
Since it is in a factory, contract workers will get leave of 1 day for every 20 days worked. You may call this as PL or Annual Leave..

From India, Mumbai
Agile Solutionist

When you engage contract labor, check whether Contractor has registration as per the act.
However do not get in to leave approval of contractor's employees. Leave this affair to Contractor
Note : As Saswata Banerjee pointed, PL/AL is applicable as per CLRA Act

From India, Bangalore
Partner - Risk Management

Hi consultme
I would differ on this point.
Under payment of wages act, principal employer is liable for payment of wages. Wages include payment of wage salary (defined in payment of wages act). So PE must be check whether the contractor is paying leave wages. However, I think a simple verification of their procedure to ensure it is done is enough, you don't need to monitor their leave process as such

From India, Mumbai
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