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Dear Sir, In a Road construction company(Cover under Central Govt), is it necessary to enumerate all engineers and above executive, clerical employees in labour registers? Like Form-A, Form-B, Form-C and Form-D(Muster , wage, penalties and recovaries registers). Are these registers contain only contract labour information or principal employer (Orgnisation) employees information also? If it covers only contract labor employee information then where should show employer permanent employee information?
Please suggest, if any thing wrong let me correct.
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Hi Raju,
Make registration under BOCW act(Building and Other Construction Workers Act) and Maintain registers of Core Employees under it. For Labour complaince, Registration, Legal advise our legal expert team can assist you.
Regards,
KM
Sr. Consultant(Hr and Labour Compliance)
7708907021
Shall we take two labour licenses? 1) For company employees (Building and other construction) 2) For Contract labour employees. Then shall we maintain two type of registers? Please eloborate.
For Clerical staff and above you may go for Shops and establishments act and the below you may go for building and other constructions workers act along with contract labour act licenses. For staffs may maintained registers in the Form T and contract labour maintained with Muster roll cum wages register.
Regards,
Anil Kumar KT
Manager-HR & IR
Dear Mr Raju, For construction work under Central Govt you need to take Licence under C L Act, as well as Registration under BOCW Act. You need to maintain registers in revised forms as per Ease of Compliance maintenance of registers under various labour laws Rules, 2017 . i.e. Register of A B C & D . You need to mention names of all workmen employed as contract labours at the work site who are not in a managerial position. Supervisors are required to be mentioned in the register. Clerical employees need to be included. Only the Project manager, Accounts Manager, Safety Manager etc are to be excluded. You may refer to the definition of Contract labour under Contract labour Act. As per the definition of Contract labour a workman shall be deemed to be employed as 'contract labour' in or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor with or without the knowledge of the Principal Employer. The person employed by you is your workman with whatever designation but he is contract labour for the contract work taken by your company. Pl also refer the definition of the "Workman " under Contract Labour Act to decide whom to be included in the register and who are not required to be added in the registers. As mentioned above, Managerial staff need not to be included but supervisory staff and clerical staff required to be included. Though the clerks, supervisors are your permanent workers, they are contract labours only in respect of this contract project.
Principal employer's employees need not be included in your registers. Principal Employer is maintaining Register of contractor in Form XII which is not omitted from original Act and not included in revised Register Rules, 2017.
You need to take Licence under Contract Labour ( R & A) Act, 1970 because the Road construction work is a contract awarded to you by NHAI and as per the applicability of the C L Act it applies to every contractor who employs or who employed on any day of the preceding 12 months 20 or more contract labours.
The Registration under BOCW Act is rquired to be obtained because the Road construction work is convered under the definition of the 'Building and Other Construction Work" and it is applicable to employer who is employing 10 or more workers.
You need not have to maintain two separate registers under two Act only A B C D registers are required to be maintained under all labour laws for which Central Government is the appropriate government. Company employees and sub contractor's workers are required to be maintained in the same registers or you can maintain sub contractor's registers separately in the same formats for the sake of convenience and produce all registers before inspector whenever there is inspection at work site.
TQ Very much Dear Ssushr for your explain, almost i got conculssion with your reply except below. Should i have to take two licences? 1) As per Contract Labour Act 2) As per BOCW? Coz i have only Contract Labour licence. Second is shall i take my company employees including engineers, store managers and other executive staff like accounts manager coz these positions also cover under contract labour licence na? If not required to show in reigters then where to show them to follow statutory obligations. I hope your next reply will clear all my issues.
Mr Reddy, You need to take Registration under BOCW Act as your work covered under definition of Building and other construction work of BOCW Act. Your company employees are also required to be entered in the Register in Form A B C D to be maintained at the worksite. like store keepers, clerks, supervisors. Only Managers are to be excluded. Like Project Manager, Accounts Manager etc. You need to take decision whom to be added and whom to be deleted in view of the definition of workman in both the Act as explained in my post dated 24th Aug.2019. In case of any clarification you may contact me on either email or phone . / 7020791470/ 9823232333.
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