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please advice on following
we are engaged security guards through TOP security agency, we paid all statuary payment including bonus on his every month Bills but after repeated reminder and notice they don't release the salary of guard timely and ignore to paid the bonus. so we decide to terminate the agency and take new agency in existing manpower. in that case we required declaration cum undertaking from each guard for new engagement and in that declaration we want to put a clause they not claim their old payment(TOP pending payment) so in future it will be help for legal action. in the mean time we tray to release the all pending payment from TOP management. kindly help for required format accordingly.
From India, New Delhi

would like to inform you that, it is not right ethically or as per law as well to take any written format for not asking legal dues / claims from the employer. This will not resolve any of your problem, please followup with your vendor and make him pay the necessary payments to the employees or else you can start taking legal action against the contractor rather than taking any undertaking from the security guards.

Dear Siba,
The problem has come up because you have not followed the provisions of Contract Labour Regulations Act (CLRA) properly. The act mandates that the while disbursement of the salary to the contract workers, it has to be done in front of the representative of the principal employer. In your case when you came to know that contractor is not passing the monthly salary to the workers, then you should have stopped paying to him and deposited the salary in the bank account of the respective employee.
Principal employer is ultimately responsible to ensure that the contract workers get their payment. Now in your case, you wanted to take undertaking from each contract worker that onus of non-payment of wages to them rests with the contractor and they will not raise any claim to you. Well gentleman, by obtaining this kind of undertaking if you think that you can absolve your responsibility then it is a myth. In the eyes of the CLRA, this undertaking does not hold water. Therefore, follow up with the contractor so that he clears the contract workers' legitimate dues.
Dinesh Divekar[
From India, Bangalore
I dont advise the practice of Principle Employer directly paying salary of contractors workers either in cash or crediting to their a/c.
From India, Thiruvananthapuram
Dear Siba,
Even if you take an undertaking and they also give you the same it does not get you any protection from payment of unpaid salaries and bonuses as a principal employer.
As a PE you are legally bound to pay the same, how you do it is your problem.
For how many years TOPS has not paid bonus? What have you done as PE to force contractor to pay salary/wages on time? How & why you could not force him to pay while you had all the controls?
If contractor is not paying, you can directly pay and set off against contractor's bills.
Warm Regards
Bharat Gera
HR Consultant
From India, Thane
The best solution is to take advance payment of every month because you have to pay to employees even agencies don't pay you.
QuikHiring Job Search App
From India, Noida
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