1. We are a large manufacturing unit situated in West Bengal with a large number of contract laborers.
2. One of our contractors became a defaulter in paying wages for July 15. After issuing 3-4 letters to the contractor, advising him to clear the wages for July '15, and when they still remained non-compliant, we, as the Principal Employer, decided to invoke Section 21(4) of the CL (R&A) Act, 1970, and pay the wages to the contractor's workmen.
3. Accordingly, we asked the contractor for the Muster Roll, Wage Register, Overtime Register, and Wage Slips, which they furnished. Based on those submitted documents, we, i.e., the principal employer, disbursed the wages.
4. After the disbursement was made, a few disputes were raised by the Contract Labour Union:
- Few workers have been paid wages as per the semi-skilled rate instead of the skilled rate.
- (It is pertinent to mention here that we have paid as per the register prepared and submitted by the contractor, and from the last 3 months' register, we found that they have received payment as per semi-skilled rates only.)
- In the case of a few workers, the number of days is shown as less, i.e., 15, 17, etc., instead of 25/26.
- (It is pertinent to mention here that we have paid as per the muster roll and register prepared and submitted by the contractor only.)
5. However, based on the complaint (verbal) by the Union, my management has asked me to inquire about the same. Please tell me the possible course of action available to me, which I can ensure within my purview as Principal Employer so that contractual obligations are not violated as per the CL (R&A) Act, 1970.
Rgds,
DG
From India, Delhi
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42. One of our contractors became a defaulter in paying wages for July 15. After issuing 3-4 letters to the contractor, advising him to clear the wages for July '15, and when they still remained non-compliant, we, as the Principal Employer, decided to invoke Section 21(4) of the CL (R&A) Act, 1970, and pay the wages to the contractor's workmen.
3. Accordingly, we asked the contractor for the Muster Roll, Wage Register, Overtime Register, and Wage Slips, which they furnished. Based on those submitted documents, we, i.e., the principal employer, disbursed the wages.
4. After the disbursement was made, a few disputes were raised by the Contract Labour Union:
- Few workers have been paid wages as per the semi-skilled rate instead of the skilled rate.
- (It is pertinent to mention here that we have paid as per the register prepared and submitted by the contractor, and from the last 3 months' register, we found that they have received payment as per semi-skilled rates only.)
- In the case of a few workers, the number of days is shown as less, i.e., 15, 17, etc., instead of 25/26.
- (It is pertinent to mention here that we have paid as per the muster roll and register prepared and submitted by the contractor only.)
5. However, based on the complaint (verbal) by the Union, my management has asked me to inquire about the same. Please tell me the possible course of action available to me, which I can ensure within my purview as Principal Employer so that contractual obligations are not violated as per the CL (R&A) Act, 1970.
Rgds,
DG
From India, Delhi
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Dear DG, As rightly instructed by your management, the cases of lesser payment due to alleged wrong classification and wrong entries in the muster roll, if any, against actual attendance require a detailed inquiry to fix your vicarious liability as the principal employer. Therefore, ascertain by all possible means whether the contractor adopted the practice of paying lower rates of wages, i.e., semi-skilled for skilled works, and ensure the actual number of days worked by the claimants in that particular wage period.
From India, Salem
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From India, Salem
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