Saswatabanerjee
Partner - Risk Management
N_rjuna
Hr Executive
+3 Others

Dear Seniors,
am working in new setup manufacturing industry as hr , my unit is under construction.
My question is the Contractor din't submit any document regarding labour, facilities.
what will happen if labour inspector.
what is the method i need to follow.
12th September 2013 From India, Bangalore
Are you talking about labour contractor if yes, have you asked them to submit the required documents
12th September 2013 From India, Ahmedabad
If you have given the work order than show them the xerox copy of the work order, and just simply you may tell them that they have been ask to submit the required forms e.g. supply of labor application form, Registration form, professional tax no:, Sale tax no:, Pan card no:, PF & ESIC no:
12th September 2013 From India, Ahmedabad
Dear Shambhunath,
1. Labour inspector will come and check the attendance register.
2. Leaves provided by you to the employees.
3. In the leave register, Time in, time out, Lunch hrs everything should be very clear with the signature of employee.
4. You have to pay overtime as per law.
5. You have to follow the min wages for unskilled and skilled employees as per law.
Regards
Upasana
12th September 2013 From India, Delhi
Dear Upasana,
Agreed as per your said words, but we are talking about contract employees who are on third party payroll,
therefore you don't need to keep attendance records of contractual employees as par factory act, you only need the monthly bill to tally whether minimum wages are been paid or not and a copy of pf challan and more to that you make ask for ECR copy to have a full fledged record of contractors. as per your said words above regarding
1. Labour inspector will come and check the attendance register.
2. Leaves provided by you to the employees.
3. In the leave register, Time in, time out, Lunch hrs everything should be very clear with the signature of employee.
4. You have to pay overtime as per law.
5. You have to follow the min wages for unskilled and skilled employees as per law.
it should be maintained only for the company employees not for contractual.
13th September 2013 From India, Ahmedabad
Dear Shambu,
As you rightly said that principle employer don't have to maintain the All Legal Registers for contractor employees but at the same time it's our responsibility to keep a reality check on contractors attendance, legal registers & statutory requirements being completed within time...as if something goes wrong principle employer needs to bear all the repercussion...
Regards,
Snehalata
13th September 2013 From India, Pune
Dear Snehalatha/upasana/singh,
thank you very much to participate in my query.
i have submitted/convey all related documents what Mr.Singh said,
all leave details, attendance, shift timings,in and out, all the details verified by him,
only construction contractor dont have workers details, registers, esi details.
useally every contractor show esi details related to all their workers, which not happened here.
please share me the details what is processor all hr should follow regarding this case,not only their esi, i want all related matters to be discussed.
Thanks
Nagarjuna.
13th September 2013 From India, Bangalore
Dear Nagarjuna,
If construction contractor don't have workers details, registers, esi details. than it is the concern HR person responsibility for that. If the total bill of the construction contractor is let say 500000 Rs. and if he shows an amount of 50000 as a labour charges than he is liable to show the PF record for the same. and if he can't than the concern HR person is in fault. there for u may ask and convey this massage to your management and if they interfere in this matter than it can solve out by giving some kind of bride to the labour officer of the PF authorities. what ever i have said to you is as per my practical experience becoz i have passed through this stage.
14th September 2013 From India, Ahmedabad
It’s not labour officer of the PF authorities but it’s labour officer or the PF authorities
14th September 2013 From India, Ahmedabad
When the factory building is under construction only there is no factory and no PF.Construction work should be given as contract for service. Varghese mathew
14th September 2013 From India, Thiruvananthapuram
Contract labour act applies, irrespective of whether your factory is in place or not or for that matter, if it is a shop / establishment. Where the contract labour act applies, the attendance records and all other records required under factory act, payment of wages act, minimum wages act, pf, esic, should be maintained for each location.
Of course, license under the contract labour act is applicable
These are not dependent on whether you have a labour contract, or service contract or job work and irrespective of whether you pay per person, piece rate or time rate.
In addition, since the factory is not set up, you will be covered under Building and Other Construction Workers act. Cess s applicable under that act must be paid
16th September 2013 From India, Mumbai
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