Clarify Me : What Are The Liabilities Of Contractor In Case Employed Less Than 20 Employees..? - CiteHR
Bijay_majumdar
Freelancer In Hr &indirect Taxes For
Rajesh_kantubhukta
Human Resources
+2 Others

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Dear Seniors..
Am working as an HR officer in a Private org. i need your response to my question/confusion respect to the liabilities of a contractor.
We are in contract with a security service agency which is providing 15 guards to serve our org. This agency is in business with many organizations like us and provided more than 5000 employees. But in each organization they have not employed more than 15 employees.
As per the contr lbr act and all state rule each contrctr employed more than 20 employees is liable to submit a half yerly return in form-24.
My confusion is number of employees. Is this meant to be the total number of employees who are all employed in different org or its the number of employees working in one org..?
Please clarify me on this. It would helps me alot..
Thanking you seniors/..

Dear All..
As per my knowledge its applicable only if a contractor is deployed 20 or more employees in one organization on contract basis, but not all the employees deployed in different organization. To applicability of this act will consider the employees employed on contract in any one of the organization. If the contractor has employed less than 20 employees in each organization then this act is not at all applicable.
Am i right..?

Dear Yogesh ji,
As per my knowledge and our AP Contract Labour Regulation and Abolotion Act, where in 5 or more persons employed in any organisation through contractor the act will be applied. so you may refer your state bare Acts and do the further process.
this is for your information..
Regards,
Rajesh.K
Human Resources.

Dear Yogesh,
as per my knowldege and according labour contract act where in 20 or more persons employed any organisation through contractor.This act will be applied. so you may refer state bare act and do the futher process.
Rajesh Sharma

Hi,
Under CL act the license is required for the contrator to be obtained for 20& above employees.However in Maharashtra the security services falls under the purview of Maharashtra Privte security guards Regulation of (Emp&Welfare)Act1981.Yet CL Act is bound to be followed.
Thanks
Bijay

Dear All,
Employees/workers engaged by the Contractor in all the organisations will be taken into account to make applicability of the EPF & Misc. Act and not individual establishment. More over once principal employer is covered under the said Act, all the workers/employees engaged by the Contractor will also be covered irrespective of strength of workers. Hence, though the Security Contractor engaged less than 20 guards in each establishment, he is liable to cover all the guards under EPF & ESI Acts.
N.LOKANADHA BABU

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