HI everyone, Let me know weather the employee working in contract basis more then 5 years continuously weather he is eligible for gratuity?
From India, Bangalore
Dear Mr Biswal,
As per Contract labour act 1970, contract labour includes sub-contractor also.( See 2(C) of the ACT)
As such if PF awarded to a contractor and that contractor employees sub-contractor for the given job the responsibility lies with contractor for statutory compliance under CLRA.
Regards
Tirlok Dhir

From India, Gurgaon
Dear All,
What are all the Registers & Records should be maintained under Contract Labour Act by the Principal Employer in Karnataka?
If workers under Contractor is less than 20, what is the procedure should be followed by the PE.
For e.g: There are 2-3 contractors registered under CLA, another contractor having less than 20 workers what is the procedure to be followed by the PE.
If there is any changes in Contract Labour Licence issued to PE, what is the procedure for amendment?
Kindly let me know the above details.
Regards
Raghu

From India, Bangalore
Sir, please tell the exact definition of principal employer in EPF act, 1952. regards Bharat Kaushik
From India, Faridabad
In Gammon India Ltd. and Ors. v Union of India (UOI) and Ors., AIR 1974 SC 960: (1974)I LLJ 489 SC, the Hon\'ble Supreme Court has put the contractor and sub-contractor on the same pedestal qua the establishment, in terms of the CLRA Act. They are both doing the work of the establishment, and therefore Form-V has to be issued by the Principal Employer. The concept of principal employer is inextricably linked with the establishment. I have not come across the concept of Principal Contractor in CLRA Act, as has been mentioned by some.
From India, New Delhi
Dear Peekaybeam,
Thanks for quoting the gammon idia vs union of india case. we are working as epc contractor and also facing the similar issue our client is not ready to give form v in the favour of our contractor.
If you can provide me a copy the said judgment that will be a great help for me.
Regards
A.K. Gautam

From India
Dear All,
PE not direct issue the Form V.
1st PE apply for the RC to Dy.Labour commissioner
ones get RC from Dy.Labour Commissioner of PF then PE issue form V to Contractor behalf of Form V, contractor apply
Registration certificate with the help of Form IV
Conclusion :-
Step 1 - PE get RC fist From DLC
Step 2- Issue Form V from PE for consern Contractor
Step 3- Behalf of Form V ,Contrctor apply Licenc. with the help of Form Iv
Regards
Rajesh

From India, Delhi
Dear All,
In General, The Principal Employer to issue Form-V to the Contractor or Sub-Contractor to enable obtain contract labour license in Form-VI under the Contract Labour (Regulation & Abolition) Act, 1970. But The Principal Employer has not issued Form-V to the Contractor/Sub-Contract due to pending registration (Form-I) in order to obtain contract labour license Form-VI as is required under CLRA Rules. In this situation, what is the consequences of non-complaince by Contractor as well as Principal Employer for the failure to compliance of CLRA.
R Yoganathan
Human Resource-IR

From India, Chennai
Dear Yoganathan, Please elaborate on "due to pending registration (Form-I)"
In such a scenario, The Principal Employer has erred in Engaging Contract Labour without Obtaining Registration under CLRA Act

From India, New Delhi
is there any rule to follow the minimum wages as per the contractor register office or labour employed state wise.
From India, Noida

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