tushar.swar
206

Dear al,
As we all knows that, if we employed 20 or more employee on contract, then, need to obtain the RC & License respectively under the Contract labour act.
So, my question is, if we employed Executives or Managers on contract basis then, still contract labour act shall be applicable,,,?

From India, Mumbai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Tushar.swar
Manager - Human Resource

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arpnmeet@gmail.com
23

If your contract workman more than 10, u need RC and licence.
U hire executive and managers on contract basis but u dont need to cover them under contract workman because their criteria is not cover under contract labour.

From India, Mumbai
Anonymous
87

When to talk about contractual employment there are two type contractual employment, one directly hired by the company for a fix term appointment. in such cases, there is employer employee relationship between the employee hired and company and CLRA shall not be applicable to such employees.

secondly contractual employees hired through third party i.e service provider manpower agencies/job contracts etc, whatever be the nomenclature.

CLRA Act comes into play in second type of contractual employment means, when employee hired through the contractor/agencies. in such type to contractual manpower arrangment all complaince under CLRA Act & social legislation shall be followed.

The difination of workmen as enumerated under CLRA is clear if any person who has been hired under managerial or adimistrative capacity shall not be a workmen, as below-

(i) “workman” means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or un-skilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, but does not include any such person—

(A) who is employed mainly in a managerial or administrative capacity; or

(B) who, being employed in a supervisory capacity draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature; or

any out worker.

now comming to the definition of contract labour as "a workman shall be deemed to be employed as “contract labour” in or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer."

if we anylize both above difinations than if any personal even who has been hired as Manager/Suprevisor or in adminstrative capacity shall not be fall under definition of "Workmen" and "contract labour" under CLRA Act, and such employee not need to be named under CLRA License/registration. But be clear its not the nomeclature which define whether a person is workmen or not its the nature of duties assigned shall be sole criteria for certaining whether one is workmen or not.

But there may be technicalities as if you will hire someone as Manager in your establishment through agency or contractor, and we will either manage your workforce in your establishment, and we will control his working. then supervision and control factors may comes into existance and prove adverse in case of any dispute between your establishment.


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