Can a Contractor issue Form V (CLRA Act) to a Sub Contractor? - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Kritarth Consulting
Spl Educators Posh Programs; Hr & Ir
Ssushr
Pune
+1 Other

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Form V can be issued to the Sub Contractor by the Contractor or not? As far as i know the Principal Employer issues Form V to the Sub contractor also. The Contractor will be hiring the Sub Contractor here. Anyone with any information?
Yes, your knowledhe of relevant Section of CLRA 70 and understaning of the Purpose thereof is Right
Kritarth Team,
5.11.18

Thank You. But the Principal Employer is of the view that their responsibility to issue Form V is limited only to the main Contractor and so the Main Contractor will now issue Form V to the Sub Contractors.
Dear Hrkaush,
One can not be a contractor and principal employer at the same time. The definition of contractor includes sub contractor also. That's why a sub contractor is also required to obtain licence under the Act. When the Rules say that the principal employer should issue a certificate in a particular format to enable the contractor to obtain the licence under the Act, he has to issue it. The personal view of any particular principal employer can not absolve him of his statutory obligation.

Dear Umakanthan Sir,
Principal Employer give work order to contractor to carry out desire work as well as Form V mandatory document to obtain contract labour license, If definition of Contractor include sub contract it is imperative for principal employer to issue Form v to sub contractor in absence of work order.
Kindly share the views.

No, a contractor may not issue Form-V to the sub-contractor. On the basis of request of Form -IV of Contractor, the Principal Employer issues under central rules of 21(2) of CLRA 1970.
Regards.
Dhiraj

Dear Dhiraj,
I have ask the query Can Principal Employer issue Form V to Sub Contractor, in absence of Agreement of Work Order and Not about Contractor to issue Form V to its Sub contractor.
Regards,

Principal Employer can issue form V to the Sub Contractor in absence of agreement between sub contractor and principal employer or work order issued by principal employer to sub contractor provided there is clause in the agreement between Principal employer and main contractor to engage sub contractor in specialized work. Sub contractor needs a work order from contractor for getting labour licence as licencing authority will not issue licence only on production of Form V received from the principal employer. The work order is necessary to ascertain the nature of work allotted to the contractor/sub contractor and whether it is prohibited under Section 10 of the Contract labour Act. No licencing officer will issue licence without work order attached to the application of licence alongwith other relevant documents.
In most of the big construction sites, sub contractors who are supplying labours or called for concreting work with their machinery and labour or given bricks work of any other work on measurement basis are not getting separate licence and therefore the workers employed by those sub/petty contractors are always shown on the pay roll of the main contractor.
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