Please advise me whether I have to furnish a form V under THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970 to the Carrying and Forwarding Agent.
Since they are working independently and based on per CBB they handle we give them the amount.
My query do we have to give FORM V, if we do so then we will become the principal employer and if anything goes wrong with the employee then we will be held responsible.
From India, Bengaluru
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Pan Singh Dangwal
Sme-hr & Employment Laws
As per "THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970" all the contractors have to register and obtain a license from the labour department for an outsourced work given by the principal employer if he/she has employed 20 or more than 20 labours. In order to obtain the license the employer or the owner has to provide form V to the contractor.
Your statement " if we do so then we will become the principal employer and if anything goes wrong with the employee then we will be held responsible." is understood well and my dear friend, I would like to tell you that you being as a principal employer is responsible for everything even when your contractors do not apply and seek permission of license. You company cannot escape from the provisioning of the law. Section 25 has stated clear instruction for the companies for prosecution in case of any offence.
So dear, best part is to first your company register apply for its registration and then get you contractor covered as well. Compliance has to be done in this current age of technology.
From India, New Delhi
Issuing form V to a carrying and forwarding agent. My submission-Believe you have Principal to Principal Contract. If in case said agent is engaging >20/50 (refer state amending rules) at site then you need to issue form V failing which may be an unnecessary call from enforcement authority towards violation of the provisions of CLRA or may said workmen file litigation in later stage that contract is sham.
It's hardly matter not issuing form V is being deprived from liability as a Principal employer. You always liable for...
tonmoyduttaThank you very sir for your valuable inputs.
From India, Bengaluru
Nishakar RoyHi, Please help me with process of generate Form V. Thanks
From India, Gurgaon
Pan Singh DangwalDear Mr Nishkar Roy,
The Form V need not to be generated. It is used to apply for Labour Licence under the CL (R&A) Act, 1970 and Central Rules (1971).
It is an obligation for the Principal Employer. The PE is required to issue Form V to the contractor/s, if certain number (as defined under the state govt. rule) of contract manpower deployed at your site/office.
If you are a contractor and comes under the Act than ask your PE to issue Form V and apply for Labour Licence.
From India, Delhi
yash-yadav1How many days required to take form v from employer
From India, Ahmedabad