Umakanthan53
Labour Law & Hr Consultant
Nagarkar Vinayak L
Hr-consultant
Nathrao
Insolvency N Gst Professional
Srinath Sai Ram
Hr Manager
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I have doubt what is the meaning of 20 workers, In contract labour act
Examples
This Month I have employed 5 employees
Next month I am gonna employ another 5 employees but those are not the same kind of employees which I employed last month
Does this mean that I am employing 10 contract workers
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I would request the poster to read sec. 1 (4) of the CLRA Act,1970. Even if he employs 20 or more workmen on ANY DAY of the PRECEDING 12 MONTHS as contract labor in his establishment, the Act will apply.
Sir, My Question is according to my agreement i want to employee only 10 Contract labourer
On one month my contractor sends me 10 employees
On my second my month all those ten employees sent by my contractor are changed and new set of people are coming
In that case is it 10 or workers
or 20 workers
as during two months 20 people are coming to work
Mr.Narayanan,
Really, I am very helpless to understand my own difficulty to convince you. You will agree with me that your agreement with the contractor is number-specific in respect of the contract labor to be supplied i.e 10 contract workmen at a time and it is not name-specific i.e the 10 people should be the same persons - am I correct?
Therefore, in a continuous stretch of any period that is more than a month, the contractor supplies you only 10 people though they are not the same persons resulting in the fact situation that at any point of time or any day in that period of stretch the maximum number of contract labor remains 10 only.
What the Act says about the period is 12 months preceding the date of calculation and the number is not the average but the absolute number of 20 or any number more than 20 on any one day in such a period.
Thanks Sir, So its name Specific and not number specific am i right
Dear Narayanan, being a Student, before raising questions, Please go through relevant act in detail.Further, mention your question as Hypothetical/Genuine question
your conclusion is not correct.Total Number of Contract Employees Employed should be taken in to consideration.Based on your example it is only 5
So The count is number specific and not name specific
The count of name that bears in muster roll is the strength of that month.
However, in any month of the calender year (january to December) if the name count of the muster roll is 20 or more then the establishment is required to obtain licence under CL(R&A) Act.
Further, your contractor sends 10 nos in 1st month and sends 10 nos in 2nd month as replacement of 1st month workmen, then the count is 10.
In other case if it is adding-up to present strength then the total count number is 20.
Dear Narayanan ,
Despite very clear advice by Mr Umakanthan sir , you seem to be in the habit of confused thinking. Pl form proper habit of reading and understanding provisions of the Act and views of the learned.
If you don't get your thinking correct, only God can help you.
Regards,
Vinayak Nagarkar
HR-Consultant
Mr. Naryanan, if you read Sec.1(4) of the CLRA, the Contrac Labour Act is applicable only if the establishment employs 20 or more contract labour on ANY DAY in the preceding 12 months. From your post what I understand is that the the contarctor replaces ten employees by another ten employees but the number does not exceed ten on nay day in any month. So the number remains ten only but not twenty or more.
B.Saikumar
HR & Labour Law adviser
Navi Mumbai
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