Good evening all experts,
I have a query to clarify. I am working in a PSU construction sector. Construction works are being done through various major civil contractors. Labourers are coming from different states for work spontaneously as they are getting daily wage jobs easily through various contractors. Here contractors are not going to any state for labour recruitment. We, as the principal employer, have obtained ISMW registration from RLC central. However, contractors are not obtaining a license under ISMW. They justify that it is not applicable to them as they are not going to any state for any contract/recruitment.
Kindly suggest whether the ISMW Act is applicable to them in this scenario or if they do not need to take a license under the said Act.
From India, Faridabad
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I have a query to clarify. I am working in a PSU construction sector. Construction works are being done through various major civil contractors. Labourers are coming from different states for work spontaneously as they are getting daily wage jobs easily through various contractors. Here contractors are not going to any state for labour recruitment. We, as the principal employer, have obtained ISMW registration from RLC central. However, contractors are not obtaining a license under ISMW. They justify that it is not applicable to them as they are not going to any state for any contract/recruitment.
Kindly suggest whether the ISMW Act is applicable to them in this scenario or if they do not need to take a license under the said Act.
From India, Faridabad
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The ISMW Act applies to every contractor who employs or who employed five or more inter-State migrant workmen (whether or not in addition to other workmen) on any day of the preceding twelve months. If the contractor does not have at least 5 migrant workers, there is no need for a license. You may satisfy yourself on the claim of the contractor before agreeing to this contention of the contractor.
From India, Mumbai
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1593From India, Mumbai
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Inter state migrant workmen Act.docx
Amendment Inter State MigrantWorkmen Act 1979 1.12.2010.pdf