Dear Experts,
we have engaged few drivers for company goods vehicles & employees transportation through a contractor who has license of supplying manpower but he has not mentioned the manpower category as driver in his license.
Being principal employer we have also not mentioned it in our license.
Is there any need for amendment in licenses?
please share your opinion.
Regards,
Pankaj

From India, Haridwar
KK!HR
1079

As per CLRA Act your registration has to reflect the broad areas where contract labour will be deployed, you can apply for amendment when the deployment starts and deposit the excess fees needed. Similarly instruct the contractor also to get driver category included in the license, so he becomes a specialist agency in that trade also. These matters appear very trivial but it carries plenty of importance or could be decisive, in the event of unfortunate episode like accidents.
From India, Mumbai
Dear Pankaj,
The appropriate answer to your query after a very detailed discussion with reference to case laws is available in the thread
" Contract Labor Act Applicability on services of transportation ". Please refer.

From India, Salem
Dear Pankaj,
What kind of work order issued to the contractor on the basis of which he obtained the licence.
There is nothing of manpower category is required to mentioned. The licence is only talks of Number & period of validity. Once licence is being obtained, one can engage any type of manpower i.e. USK,SSK,SK &HSK (skill category they may be driver or operator or helper) to the maximum numbers mentioned in licence.
You can issue an additional work order in addition to earlier one to the contractor for maintanance & manning of the Goods vehicles round the clock( use the verbatim as per the necessity of work).

From India, Mumbai
We can engage Drivers on contractors' roll. Only think I suggest, let the contractor issues an appointment order to individual drivers on 'fixed term contract basis', with specific mention on the clients requirement / place.
From India, Madras

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