Can someone plz elaborate that if in a factory some contract labours are engaged and these contract labours are regulated as per contract labour act then will factories act be applicable? and if yes then which provisions of Factories act are applicable???
From India, Kolkata
From India, Kolkata
All provisions of Factories Act concerning the 'worker ' will be applicable to contract labourers, including the workers employed by the canteen contractor running the statutory canteen.
Varghese Mathew
04712542059
09961266966
From India, Thiruvananthapuram
910Varghese Mathew
04712542059
09961266966
From India, Thiruvananthapuram
Hi,
Contractor shall be solely responsible for strictly following all labour laws, Industrial Laws, Factories Act and such other Laws which are applicable from time to time including but not limited to the notification, amendments or additions which are made to these laws during the period of contract. The Contractor shall also be responsible for the various levies of State Government, Government of India or any Statutory body. The contractor shall have to, at his own expense, comply with labour laws and keep the company indemnified in respect thereof
From India, Mumbai
Contractor shall be solely responsible for strictly following all labour laws, Industrial Laws, Factories Act and such other Laws which are applicable from time to time including but not limited to the notification, amendments or additions which are made to these laws during the period of contract. The Contractor shall also be responsible for the various levies of State Government, Government of India or any Statutory body. The contractor shall have to, at his own expense, comply with labour laws and keep the company indemnified in respect thereof
From India, Mumbai
Dear Queriest,
Answer to your queries are as under:
Your Query No.1: If in a factory some contract labours are engaged and these contract labours are regulated as per contract labour act then will factories act be applicable?
Yes. The provisions of FA are applicable to contract labours also. The contract labours are regulated by CLRA or not, is not a material.
Your query No.2: If yes then which provisions of Factories act are applicable???
You are requested to read section 2 (l) of the FA. According to this section, contract labour is also a worker under this Act. The object of this Act to ensure safety and provide health & welfare measures to all workers.
In factory licence, contract labours also are included.
Hope you are satisfied with my answers.
From India, Mumbai
Answer to your queries are as under:
Your Query No.1: If in a factory some contract labours are engaged and these contract labours are regulated as per contract labour act then will factories act be applicable?
Yes. The provisions of FA are applicable to contract labours also. The contract labours are regulated by CLRA or not, is not a material.
Your query No.2: If yes then which provisions of Factories act are applicable???
You are requested to read section 2 (l) of the FA. According to this section, contract labour is also a worker under this Act. The object of this Act to ensure safety and provide health & welfare measures to all workers.
In factory licence, contract labours also are included.
Hope you are satisfied with my answers.
From India, Mumbai
Dear Sirs,
Having read the posts,I Just have a small query that If contractor is found to be defaulter in respect of the statutory compliances,then who should be served with Non compliance notice by the inspector/regulatory authority - Factory management or contractor management?
From India, Vadodara
Having read the posts,I Just have a small query that If contractor is found to be defaulter in respect of the statutory compliances,then who should be served with Non compliance notice by the inspector/regulatory authority - Factory management or contractor management?
From India, Vadodara
Dear members, I would like to
add on the views expressed by our members that Principal Employer
of the Factory is responsibe to
implement the provisions of the
Fatory Act. Factory authorities issues the Notice of the non-compliance to the Principal Employer.
Eswararao Ivaturi.
From United States, Cupertino
add on the views expressed by our members that Principal Employer
of the Factory is responsibe to
implement the provisions of the
Fatory Act. Factory authorities issues the Notice of the non-compliance to the Principal Employer.
Eswararao Ivaturi.
From United States, Cupertino
Dear Bijay ji,
Compliance under the FA, only factory management i.e. manager and occupier of the factory is responsible and liable whereas compliance under the CLRA, POW, MW and other enactments both the principal and contractors are responsible and liable jointly and or severally. However, certain compliances only PE is responsible and liable.
Generally liability start with visit remark by the Inspectors. Factory Inspectorate never issue any notice to contractor.
From India, Mumbai
Compliance under the FA, only factory management i.e. manager and occupier of the factory is responsible and liable whereas compliance under the CLRA, POW, MW and other enactments both the principal and contractors are responsible and liable jointly and or severally. However, certain compliances only PE is responsible and liable.
Generally liability start with visit remark by the Inspectors. Factory Inspectorate never issue any notice to contractor.
From India, Mumbai
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FACTORY ACT 1948.xls
Amendment of factory act MP rules.pdf