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Options available for contractor to make the payment of esi & pf for the left employees
This is related to contract workmen payment of esi & pf. the labour contractor deployed workers at principal employers company before enrolling them under esi & pf. when contractor tried enroll them he could not as aadhaar authentication failed for pf and lacking bank account details of the worker. the contractor advised them to update aadhaar details and open a bank account to process further. however the workmen left the work without doing the required. hence the contractor could not pay esi & pf for these workmen and defaulted payment to that extent. now the pe is insisting for the payment proof else will terminate the contract. what are the options available for contractor to make the payment of esi & pf for the left employees? requesting to through light on this matter.
Government has asked to pay salary through bank transfer
The government has asked all principal employers and contractors to ensure payment of wages to employees including contract workers only through bank accounts. so it is going to be tough for employers and contractors who still pay by cash. computation salary transfer statement of the prescribed format of the bank salary statement and upcoming statutory compliance are going to make hr/finance dept in a big fix this month end? is there any official circular on this? if any of the fellow citehr members received please share.
When do we need to take registration of company under contract labour act? at the time of construction?
Hi when do we need to take company rc under contract labour act. here there are two case. 1. five different contractors but having 1012 workmen each. 2. all contractors are far below 20 but total contractual workmen headcount is much beyond that. another query is that the rc taken for these contractors is temporary or permanent rc. kindly explain in detail.
Queiries on contract labour issues
1. i have following queries in the area of contract labour management in our factory in kolkata: a. we have engaged an agency a cost accountant firm to look after and manage the contract labour related compliances. as a part of their job their representative also oversee the wage payment made by the contractors to their labours and signs in the wage register certifying payment made in presence of them. my first question is there any problem with the present system of wage register certification. please note that in the clra act it is said that principal employer should ensure presence of his authorized representative in the time of payment of wages by the contractors. now if we authorize the agency as per the work order issued to be present during wage payment process and accordingly certify the wage register which is subsequently endorsed by hr dept. then is there anything wrong in the practice? b. in case of one of our contractor there are allegation that he has not paid minimum wages and pf to few of its workmen i.e. out of say 50 workmen he has paid pf for 35 and records furnished but for rest 15 the contractor is unable to furnish any records in terms of wage payment or pf deposition. problem from our end is that to avoid any sorts of direct control we as principal employer do not keep any attendance record for the contractors workmen. but when we are asking the contractor to show muster roll wage register pf deposition against those workmen the contractor is unable to show the same. we have blocked the security deposit of the contractor but what could be the way out? any suggestion. c. in case a contractor engages a sub contractor then we as principal employer would like to take a declaration cum undertaking from the contractor principal contractor stating the fact of engagement of sub contractor and taking the ultimate liability of compliance if sub contractor fails. can you provide any sample format of such letter along with a sample indemnity bond on the same. rgds dg
Workmen payment of wages in bank account is mandatory in cla or bocw act
Hello friend s can any one clarify the doubts regarding monthly wages payment to workmen is mandatory to pay through bank account only under any act of labour law. is it applicable in central sphere at present or any state govt act. if yes please support the documents from which it has been effected. also clarify under central sphere is any specific provision for height allowance i.e. 20 wages extra pay to height workers working more then 30 feet of height. your valuable advice is support for us. regards mahesh gupta
Gratuity for outsourced employees - employees continue to work in the establishment under different contractors
In our bank contractors are changed once in three or four years. but the employees continue to work in the establishment under different contractors. what is the legal position with regard to their gratuity entitlement? since the tenure of the contract is never more than 5 years at no point in time the provisions of the payment of gratuity act 1972 will be applicable to the outsourced employees. what can be our demand to ensure the gratuity amount is paid to these outsourced employees?