Anonymous
1

If any contractor provided contract labour to two principal employers and one of the worker worked for both principal employers for 10 and 20 days respectively in same month, will contractor issue two wages slip to worker as per CLRA Form XIX or single wage slip with mentioning of both principal employers name and location.

Is it necessary to keep copies of wage slip by principal employers?

What if he is getting different daily rate on both locations, if single wage slip need to be issued then how to take care of daily rate in that case?

Looking forward for inputs from seniors in this forum.

From India, Delhi
Madhu.T.K
4193

Between the Contractor and the workman there exists an employer employee relationship. In which plant the worker is sent for work is immaterial for him. If he had worked for 26/30 days, he will get a pay slip from his employer and that may show how many days he had worked in each plant. This payslip may conform to the one as per the Act applicable to his organisation, say, Shops and Commercial Establishments Act and not necessarily in form XIX, the one under CLRA Act. This will show the name of the establishment (Contractor's establishment) and details like number of days the employee has worked, overtime hours etc. An employee will get only one payslip even if he has been asked to work in different plants of different principal employers.

It is not necessary that the principal employer should collect and keep copies of the payslips from the workers engaged by the contractor but a declaration to the effect from the contractor is enough. A principal employer is concerned only with the wage payment in respect of the period the worker has worked in his plant and he cannot interfere with the payment made for his engagement with others. the ESI and PF challans also show the total payout and contributions and there will not be separate or split up of each principal employer. He can see if the total number of days in the ECR is not less than the days each worker had worked with him. That is more than enough.

From India, Kannur
jeevarathnam
633

Contractor need to maintain the muster role for each establishment in separate & based on the number of days mentioned in the muster role wages shall be paid for such establishment & payslips shall be maintained in separate for each establishment.

It is not mandatory to maintain payslips of contract labours by the principle employer but still its.
Wages can vary from establishment to establishment as the Minimum wages varies based on the scheduled industry & location, but still contractor can't reduce the wages of the worker if he is transfernig from one location to another location.

better to maintain to ensure the compliances.

From India, Bangalore
nanu1953
334

Contractors are engaging contract labors may be in more than one organizations. Relationship between contractor and its employees are employer-employee relations. Contractors are getting business from different PE under different terms and conditions. But contractor as employer are paying to contract labor and one pay slip is sufficient.

In case of manpower supply when employers are setting different remuneration for contract labor then it has to be done days of work and per day rate basis remuneration during the specific period but under one pay slip.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions

+91 98310 81531

USD HR Solutions – To Strive towards excellence with effort and integrity

From India, New Delhi
PRABHAT RANJAN MOHANTY
581

The contractor has to make separate muster roll for each establishment. Therefore, contractor has to prepare separate wages slip for separate establishment. One wages slip for fixed wages, If the contractor is registered under shops & commercial establishment and supplying manpower to different agencies. For clarity call8093097934.
From India, Mumbai
Anonymous
1

Thanks for the responses , however opinion seems divided on this issue. It will be helpful anyone can refer if there any rules or notification or any other reference which can give clarity in legal perspective.

Can contractor issue multiple payslip against each establishment and provide one consolidated annexure for reference to contract worker.

From India, Delhi
PRABHAT RANJAN MOHANTY
581

Mr Annonymos,
All the members have given the right suggestion as per the law as they preview the poster's question. It is definite to have different opinions, because of change in scenario answer gets changed too.
Therefore, you need to consult anyone over phone to get right direction. For the reason shared my number in previous posting.

From India, Mumbai
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