Is There an Infancy Period for Contract Labor Before Our Mall Opens? Seeking Advice on RC Certificate Requirements

Dear All, We are very soon starting a mall and have employed contract labor in our establishment. We, being the principal employer, have not taken the original RC certificate, which is incumbent for the employment of contract labor. We have been told that there is an infancy period for the employment of contract labor as the mall is still in the completion stage and is yet to commence its operations. Can anyone inform me as to whether such an infancy period exists under the principal act and whether we can employ contract labor until the mall is completed without obtaining the RC certificate.

If you want to engage contract labor without registration, it means you should not engage more than 10 (in some states, it is 20) contractor workmen in total. For this, you will have to maintain the Attendance Register, Wages Register, OT Register, Register of Workmen, and other registers required for compliance with statutory obligations.

Application for Registration of Establishment

Please prepare the Application for Registration of Establishment, pay the challan amount (Fee) in the respective treasury after consulting the concerned Labor Office, and obtain the Registration of Establishment. You have to mention the Contractor's name in the application to whom you are going to engage for supplying the contract workmen. The name of the contractor you have registered in the application is the only one that can obtain the Contract Labor License for engaging the manpower in your Mall.

Please confirm that you are not required to register under the Shops and Commercial Establishment Act.

All the best.

Thank you for your advice. Please let me know if there is an infancy period for employing contract labor for a new establishment.

You should check your State Contract Labor Rules. You can even download them from the internet. Search for them on Google and proceed with the download.

There may be a difference of opinion on the applicability of the Contract Labour (R&A) Act, but we do not find any provision relating to the infancy period in this Act.

Regards,
R.N. Khola
(M) [Phone Number Removed For Privacy Reasons]