Dear Seniors,

I do have some quarries regarding the contract labour act. I’m putting my doubts in following example.

XZY pv.ltd is an EPC(engineering, procurement, construction) based company having HO in Hyderabad. They do projects in different places in India. Now I’m working in one of its sites as a HR.

We do have the contract licence for our site. Our client is “123.ltd” . we have the CL licence for 50 members. We have total staff (High skilled, skilled, semi skilled, unskilled)(like PM, QC eng., HR, Accounts officer, Site eng/ supervisors, welders, riggers, cocks, company drivers) 30 members who are in payroll of the XZYpvLtd company. We don’t have any sub contractors. We hire some local labour (unskilled workers) base on our civil & mechanical works(not on continues basis) . And we do have few hire vehicles, JCBs and Hitachis. And we are not crossing the limit of 50 members in any day.

My quarries are as follows

1) Can I show my staff in form XVI & XVII under CL act? As we don’t have any sub contractors?

2) If we have sub contractors, he will get the CL licence for our work and he will look after the statutory things under CL act. By the time what records should we maintain for our staff (30 members)?

3) If question no 2 applies to us, what records have to show to our principal employer i.e “123.ltd”?

4) If I’m not working in site area, and working in HO, how to consider these 30 members? Should I show under S&E act along with other HO staff as they are in company payroll?

Please clarify my doubts ......

Thanks & regards,

Vishwanadh
28th November 2013 From India, Hyderabad
I received your Private message, I hope this helps you........

1) Can I show my staff in form XVI & XVII under CL act? As we don’t have any sub contractors?

Yes. Every contractor shall in respect of each work on which he engages contract labour, shall maintain a Muster Roll and a Register of Wages in Form XVI and Form XVII .

2) If we have sub contractors, he will get the CL license for our work and he will look after the statutory things under CL act. By the time what records should we maintain for our staff (30 members)?

3) If question no 2 applies to us, what records have to show to our principal employer i.e “123.ltd”?

Either you shall have the license or you shall maintain the documents like Form XIII, XVI, XVII, XXIII, PF deductions, nil register, if you are able to produce the license holder during the inspections. You shall maintain all the documents, and I suggest it is good to be well documented, no problems with extras, but always end up with trouble in case of one missing document…… so maintain all in line with other contract labourers……

4) If I’m not working in site area, and working in HO, how to consider these 30 members? Should I show under S&E act along with other HO staff as they are in company payroll?

Yeah, S&E is applicable to payment of wages….

After asking the above questions, you can not ask “how to consider the 30 members”!!, if you fail to know that, then you fail to understand anything regarding that, know the basics and ask the serious questions please….. do some research, never opt for easy ways!
30th November 2013 From India, Bangalore
Dear BVSS,
Thanks for your reply and suggestions. Actually I’m getting confusion in maintaining the records under CL act.
In my previous company we were maintaining all site employees’ data in (project manager to site helper) Form XVI & XVII and other forms under CL act. There we were not having any local or sub contract labour. We were paying all salary by bank from HO.
Now I have shifted new company which industry and work culture are same. But here our Manager says we should not show the company roll’s staff information in form XVI & XVII, should show only civil labour details only under CL act. He conforms that the staff data will maintain by HO under S&E act. So, one employee will not cover twice in any acts (S&E and CL). So we are maintaining the data for our causal labour data under CL act .
This confusion leads me to put this query.
Thanks & Regards,
Viswanadh
1st December 2013 From India, Hyderabad
Such confusions are common, need not worry, you will pick up soon....... S&E is applicable to CL, hence covered under CL is covered under it automatically(implication that's all...), but those are maintained to avoid future confusions and hectic sometimes when it comes to documentation, some maintain a separate book, so that it is easy in future reference, nobody asks for the book but just for its advantages...... they are depend upon company practices rather necessity......... always better to know from your seniors at the office and get time to time guidance.......
Anyways, Wish you good luck at new job :-) ..............
1st December 2013 From India, Bangalore
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