Principal Hr Consultant
Asst.commissioner Of Labour..a.p.
Srinath Sai Ram
This is the common problem in construction industry. Tentatively main contractor is responsible for all statutory Compliance. Since your agreement permits the subcontract, you can accept the records submitted by the subcontractors provided
1.thete should be an agreement between the main contractor and subcontractor
2.the agreement should clearly indicate the name and address of the principal employer and the address of the construction site.
If u are satisfied,then u can proceed with the bill processing.
6th May 2017 From India, Bangalore
6th May 2017 From India, New Delhi
LET'S COME TO PROBLEM SOLVATION..
Principal Employer made agreement with main contractor and he is implementing contract with his men as subcontractors.
What is in practice is sub contractor brings all necessary workers to complete the work. So the subcontractor knows all details of workers .So the sub contractor is like gumpu mastry and also the does the roll as Principal employer or manager of main contractor for the disbursement of each worker's salary and emoluments and deductions.
He is responsible for payment of salaries on behalf of main agreement named contractor. Now when come to legality the main contractor is responsible for receiving the total salaries cheques of workers from the principal Employer .He engages a sub contractor as his subordinate to disburse the salaries in the presence of an Authorized Representative from the Principal Employer side.All the Licenses and permissions like pf and Esi licenseswill run in the name of main contractor only.
So sub contractor's roll is acceptable.But subcontractor always only represents the main contractor. He should maintain and submit all necessary deductions and payments all legal bindovers in the name of main agreement contractor only.
The main agreement contractor usually declares so and so are his sub contractors for completing various works of contract.
So on record the sole responsibility lies on main contractor in attending and settlement of grievances of all workers engaged in the contract work. If the sub contractor fails to pay salaries to workers ...naturally the main contractor in agreement is liable to pay as first person. If that Agreement contractor fails to pay salaries to workers undoubtedly the Principal Employer is liable to pay all dues.pls Approach Contract labour Act norms pls.for further guidance easily understandable.
29th June 2018 From India, Nellore