Sir,
i am in a government organisation (herein referred as principal employeer) and we have around 10 job contracts with various contractors. 5 contractors are employing 15 to 20 personnel and the remaining 5 are employing more than 30 employees. All these contract people are working in the premises of the principal employer everyday from 0900 hrs to 1700 hrs.I would also like to mention that my govt dept is not registered under factories act as number of permanent employees is less than 30. Since I am new to this assingment I need clarification on the following:-
(a) Whether the Principal Employer has to get registered with the labour commissioner for licence eventhough its a government organisation? If this government organisation is defence organisation and prohibited place then what are the orders on this subject?
(b) Is it necessary for the contractor to have licence under the Contract Labour Act?
(c) Other than the salary what all payments has the contractor to make such as EPF and ESI? Is this amount that he pays to the employees supposed to be reimbursed by the principal employer? If yes How?
(d) If the Contractor fails to pay the EPF and ESI is the principal employer liable to pay the same? and how is the contractor to be penalised?
(e) Can you mail me the sample copy of a contract which is to be awarded (interested in the legal language - how to ensure Contractor has a licence, how he pays EPF,ESI and how he shows the proof, The penalty clause if he fails to pay them, medical insurance? etc etc.)
Thus you can see that I am totally ignorant about these contracts and so are all of them in my est. We have been doing this for 3-4 years but unfortunately nothings happened but now that I am aware that such thing exists we want to be sure that we correct our mistakes.
i am in a government organisation (herein referred as principal employeer) and we have around 10 job contracts with various contractors. 5 contractors are employing 15 to 20 personnel and the remaining 5 are employing more than 30 employees. All these contract people are working in the premises of the principal employer everyday from 0900 hrs to 1700 hrs.I would also like to mention that my govt dept is not registered under factories act as number of permanent employees is less than 30. Since I am new to this assingment I need clarification on the following:-
(a) Whether the Principal Employer has to get registered with the labour commissioner for licence eventhough its a government organisation? If this government organisation is defence organisation and prohibited place then what are the orders on this subject?
(b) Is it necessary for the contractor to have licence under the Contract Labour Act?
(c) Other than the salary what all payments has the contractor to make such as EPF and ESI? Is this amount that he pays to the employees supposed to be reimbursed by the principal employer? If yes How?
(d) If the Contractor fails to pay the EPF and ESI is the principal employer liable to pay the same? and how is the contractor to be penalised?
(e) Can you mail me the sample copy of a contract which is to be awarded (interested in the legal language - how to ensure Contractor has a licence, how he pays EPF,ESI and how he shows the proof, The penalty clause if he fails to pay them, medical insurance? etc etc.)
Thus you can see that I am totally ignorant about these contracts and so are all of them in my est. We have been doing this for 3-4 years but unfortunately nothings happened but now that I am aware that such thing exists we want to be sure that we correct our mistakes.