#AnonymousYES VERY NICE QUERY
EYE OPENING LABOUR SITUATION...PERVERTED MALAFIED PRACTICES OF CONTRACT LABOUR. FUTILE TRIAL ..FOR ESCAPING RESPONSIBILITY OF ENGAGED LABOUR IN INDIA..
OK LET'S COME TO.POINT.
.WHENEVER YOU HAVE ENTERED INTO THE ABOVE CONTRACT TO SUPPLY OF TRUCKS ..ALL THE TRUCK DRIVER S AND CLEANERS AND OTHER STAFF. HAVE BECOME YOUR EMPLOYEES AUTOMATICALLY.
YOU FEEL THAT TRUCKS ARE INANIMATE THINGS.. WHAT IS THIS ESIC ETC. LABOUR LAWS.ATTRACT ME? ITS WELLKNOWN FACT
THAT TRUCKS WON'T MOVE WITHOUT DRIVER S AND CLEANERS AND ALL RELATED STAFF .WHY DO THEY WORK FOR YOUR GAINED CONTRACT WORK.?
Once u paid indirectlytruck.owners temporarily.or continuously
You should be treated as sole contractor for all workers.IT IS CLEAR
..You may understand like this. All those sub suppliers of trucks through your name amounts received from you are subcontractor s of you. THEY SHOULD MAINTAIN AND ANSWERABLE TO ALL LABOUR LAWS IMPLEMENTATION BUT SOLE .BURDEN LIES ON YOU
. IF THEY FAIL YOU ARE DIRECTLY RESPONSIBLE AS LONG AS YOU ENGAGE ANY SINGLE TRUCK AND USED FOR THE ABOVE CONTRACT SIR OK. pls note that you are also should be responsible under
WC act..(EC act)
2nd September 2018 From India, Nellore
3rd September 2018 From India, Kannur
for a cab hire, we do hire a single driver. but ola and uber can not deny the liability if driver service is provided by them. they make it signed by the cab owner to get liable if any such situation accrues in future, also they dont provide bulk cars to a single corporate without compliance of their formalities
3rd September 2018
syndicate is just to make communication between owner of fleet and the person who is hiring the fleet, they have no role in discharge of labor liabilities,
Now after GST concept , if the transporter wants to avail GST exemption, then he has to comply with the labor law formalities, or get covered under GST and charge + pay GST ...coz a 20+ workers fleet owner gross turnover per annum must not be below the GST exemption limit.
3rd September 2018
There is no direct relationship with the truck driver and you (as a transport contractor). Neither the drivers are under your supervision, controlled,monitored, payed by you. You have nothing to do with who is driving the vehicle. No driver or truck has been fixed for this complete process neither the end service provider. Along with, you claim your payment from FCI and paid to the end service provider for per km rate.
There is no labour related liability arises.
28th November 2018 From India, Ambala