CLRA Act For Sub Contractor

Dear All,
Would like to know whether CLRA is applicable in the case mentioned below, If yes who will be responsible for the liability
We are a Contractor having 15 workers engaged at our site, on same site we have appointed a Sub Contractor on who's muster there are 22 workers. As such who is liable to obtain Contract Labour License.
The Contract agreement is between us and the client & not with the sub contractor, we have a normal agreemnt with sub contractor
Pls revert.
Thanks
MCS

Since you have made a subcontract for 22 employees whereas the principal employer (your client) has no legal relationship with the so called sub contractor, your total number of employees will be deemed to be 37 (15+22) and, therefore, you have to obtain Contract Licence. On the other hand, if there existed a contract between the Principal employer and the sub contractor, then you will be exempted but the sub contractor will be held liable to take contract licence. In such case, there will not be any sub contractor but he himself will be a contractor.
Under both the circumstance, the Principal employer should also get Registration under the Contract Labour (Regulation and Abolition) Act.
Regards,
Madhu.T.K

[QUOTE=mcs_2008;1207407]Dear All,
If less than 20 contractor's workmen are engaged in a site there is no need for any Registration or labour licence.
If a contract is entered with either sub-contractor or the main contractor, the responsibility will be decided based on the provisions of the terms and conditions of the contract.

I look after all contract labour and statutory compliance. We have awarde the EPC contract to Punj LLoyds but said agency have enaged several sub agency how i will keep track on sub contractors because we have isued Form V for obtain the Labour Licence being Principal Emplyer.

Hi
I have seen from past experience that on some occassions Labour Department asks for registration of subcontractors as a contractor of Principal Employer. But since PE does not have any legal relation with the subcons it is not possible to officially show them as contractors in the Registration Certificate of CLRA.
I understand, anyway ultimate responsibility of the workmen of the subcons also rests with PE.
My question is how justified is the claim of Labour Department to include the name of subcons in the CLRA RC?

The stand of Labour Department is not right. The requirement may be for extraneous reasons.

Hi,
we also have sub contractor but we don't made any agreement with sub contractor.can any body please provide me draft of agreement to be made between main contractot and subcontractor
Thanks
Shankar

Dear All,
As per CLRA Act there is no sub contractor term, every sub contractor will be a direct contractor to the principal employee. In your case being a immediate employer you are liable for obtain labour license.