Saswatabanerjee
Partner - Risk Management
Sibabrata.majumdar
Management Consultants Legal & Hr
+1 Other

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Hi! I am working in a company where we have large number of sophisticated equipments. These are maintained under AMC by an external agency under contract for two years. The AMC payment is made to the company on the basis of number engineers present in a day. As per contract 6 engineers are to be present daily. Deduction is made proportionately, if less number of engineers are present. The team lead of the maintenance company is having their own attendance register.
Is it necessary for us to maintain one more attendance register? My superior insists for maintenance of parallel attendance register asking me to sign the same. I maintain that as Principal employer, we need not maintain. Please clarify...

From India, undefined
Marking biometric attendance for contract staff is a dangerous thing from legal precedence.
It will give the contract staff the ability to claim permanency because he has records he signed in as all other employees. So the contract is a sham.

From India, Mumbai
While under the contract labour law and factory act you are not required to maintain attendance for contract staff. It is the duty of the contactor.
However, for internal control purpose, you can keep your own records. The best way to do it without getting possible trouble is to ask security to make them sign into a AMC Staff register for security purpose. That way you will know who has come, how many have come. And it's not a register so it's not coming on direct control under the contract labour law.

From India, Mumbai
Dear Friend,
The Contractors (Agencies) are required to maintain all Registers including Attendance Register under Contract Labour Act & Rules, since employees are directly employed by Contractors and not by the PE. As per Rules , the Contractors are to maintain and retain all Registers / Records including Attendance Register at the site of Principle Employer where they are performing particular jobs in terms of agreement. So my suggestion is to keep the Attendance Register under the Contract Labour Rules at your Security Gate.
It is not advisable to have parallel Attendance Register for employees engaged by the Contractors. Please ensure that they should not sign on company papers / documents to be safe side else they may claim for permanent employment under Principle Employer.

From India, Calcutta
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