Umakanthan53
Labour Law & Hr Consultant
Kritarth Consulting
Posh Programs; Hr Management Consultants
+1 Other

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Hi All experts in HR and other fields.
I want to know if Principal employer force - contractors_ to submit wages sheet of their employees deployed at their sites for contract work.
However we are providing, EPF and ESIC challans.
We are avoiding to submit wages sheet because in past they had hired our engineers unethically, but now they are forcing us to submit wages sheet.
Please let me know is there is any notification from Labour department / esic / epf that principal employer can ask the wages sheet.
We are a service company, doing technical work - providing AMC for Kitchen and Laundry Equipment, we send 1/ 2 technician / engineers for 8 hours a day - for 6 days a week / 3 days a week / once a week.
Chander Prakash

If your Establishment is Registered under ontract Labour (R& a ) Act as Contractor, then thePrincipla Employer is Legally Duty-Bound to "Certify Payment of Wages (Column 14 of your Esta Wages Register") attesting/certifying that Wages as shown in the Register have been effected/paid.
Reverify the aforsaid Provision
Kritarth Team,
22.3.19

Dear Chander Prakash,
A crirical analysis of the CLRA Act, 1970 would reveal that in a situation wherein a Principal Employer engages both licensed contractors and unlicensed contractors ( because of the no. of contract labor falling below the statutory minimum for license ) simultaneously in his establishment, the PE as well as all the contractors are bound by the provisions of sec. 21 of the Act in respect of payment of wages to the contract labor. In order to comply with the provsions of s 21(2) and (3) of the Act, generally, the PE can insist such a thing when the disbursement of wages of the CL is through any mode like ECS other than manual one.
The reason cited for your refusal is not valid.

The above is with regard to regular nature of work , where workmen are working in factory premises as per the regular schedule of the concern factory & all generic rules applicable to them as they are the regular contractor for that organisation.
Please guide us if the contract is awarded for some miscellaneous work to any independent contractor other than the manufacturing activities ,like building maintenance , electrical wiring, which is not a regular work and the work is also completed by them within stipulated time , under this situation whether principal employer is liable for over time, and other statutory payment under the concern act or not ?
Regards
R K Dixit

Dear Dixit,
In case of time-specific incidental works like the ones you mentioned, I am of the opinion that the PE cannot be held responsible for O.T wages and the like if the works extend beyond the time schedule agreed to in the contract because of the belated execution by the contractor.

What about others statutory liability like P F and E S I Regards R K DIXIT
Any view of for the above mentioned query Regards R K Dixit
In Prosecution for non compliance of MW Act both PE and Contractor are made by the Authority.It is a Joint and several liability . VSR
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