Thank you all for ur reply. Actually the applicability of CL Act is a matter which to be taken care of sometimes as case to case basis depending upon the nature of work. Recently in our organisation few Safety Officers have been depliyed through an agency who oversees the safety issues and does the necessary reporting with recommendations. They are covered by PF & ESI. But they are not complying with the provisions of CL Act. Here the question comes whether this Safety officers comes comes under the purview of the definition of workmen under CL act.
Rgds,
DG
From India, Delhi
4Rgds,
DG
From India, Delhi
As per the definition of 'workmen' in CLRA Act,supervisory persons drawing salary above Rs 500/pm or exercising managerial functions are not workmen. So you assign them supervisory/managerial work .
9961266966
From India, Thiruvananthapuram
9961266966
From India, Thiruvananthapuram
would like to point out here, a statutory position manadated by any legislation shall be treated a core activity and parmanent nature of job, and you can not engaged contract labour for core activities.
As far as my limited knowledge Safety officer is a satutory position, in accordance with section 40B of Factories Act 1948.
if this Safety officer is appointed to comply with the above said provision of factory act, than in case of any dispute there may be complication.
And if the safety part is outsourced to some other agency and you have your own safety officer, whos is supervising the work of this safety agency and safety agency has deployed few safety officer, than its ok. Further it may fall within the scope of CL(R&A) Act, subject to fullfilling other conditions.
Regards
As far as my limited knowledge Safety officer is a satutory position, in accordance with section 40B of Factories Act 1948.
if this Safety officer is appointed to comply with the above said provision of factory act, than in case of any dispute there may be complication.
And if the safety part is outsourced to some other agency and you have your own safety officer, whos is supervising the work of this safety agency and safety agency has deployed few safety officer, than its ok. Further it may fall within the scope of CL(R&A) Act, subject to fullfilling other conditions.
Regards
I understand the area of concern related in outsourcing any statutory post to an agency. But I still have doubts on issues like personnel deployed by agencies for jobs like Inspection of materials or Safety survillence will be covered under the definition of 'workmen' as per CL(R&A) Act.
Rgds,
DG
From India, Delhi
Rgds,
DG
From India, Delhi
Dear DG,
According to my view, personnel deployed by agencies for jobs like Inspection of materials or Safety surveillance will not be covered under the definition of 'workmen' under CLRA Act since such kind of contracts are of the category of “Contract for Service" in which independent person provides his skill with tools and human resources and accomplish a specific job in specific duration without supervision and control by principal.
In my view, a person who undertakes such job is not a “Contractor” as defined under CLRA Act. He is basically not producing any result through contract labour. He is producing the result himself with the help of his tools and human resources.
One can differ with my views.
From India, Mumbai
According to my view, personnel deployed by agencies for jobs like Inspection of materials or Safety surveillance will not be covered under the definition of 'workmen' under CLRA Act since such kind of contracts are of the category of “Contract for Service" in which independent person provides his skill with tools and human resources and accomplish a specific job in specific duration without supervision and control by principal.
In my view, a person who undertakes such job is not a “Contractor” as defined under CLRA Act. He is basically not producing any result through contract labour. He is producing the result himself with the help of his tools and human resources.
One can differ with my views.
From India, Mumbai
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Applicability of Labour laws-Various issues Statement.docx
Govt adressing labour issues.pdf
Labour laws.ppt