Nisha 1705

One of my engineers was deputed for a job at the client site for 6 days. this engineer is my full-time employee for more than 10 years. The client wants us to submit documents treating him as contract labour & is asking for form ABCD & others as per the contract labour act. what can be done? Is the Contract labour act applicable in this case?
We are a service company, the engineer is deputed at client site for certain jobs which can be days or sometimes months, generally a statutory compliance declaration with PF deposition records are submitted to clients including GOI undertaking. this is the first time someone is asking for these documents if it is correct. please guide me.

From India, Gurgaon
Labour Law & Hr Consultant
Management Consultancy
Nisha 1705
Hr Manager

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Dear Nisha,
The contention of your client is certainly not correct.
Already the Orissa High Court had held in Basanta Kumar Mohanty v. State of Orissa ( 1992 II LLJ 190 ) that permanent employees employed at different establishments by contractor are not contract labor.

From India, Salem
Nisha 1705

Many Thanks Sir, But this client is not ready to accept anything & is asking for all compliance documents as per Contract Labour ACT.
From India, Gurgaon

Pl obtain the appointment order, employee id, employment certificate indicating present emoluments, coverage under various social welfare schemes, posting orders at the site and submit them to the customer repeating your contention that the engineer is a regular employee of the contractor, duly mention the judgement in Basant Kumar Mohanty in support. I have the experience of dealing with similar circumstances thus.
From India, Mumbai

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