Who's Liable for Accidents Involving Hamalis Without Direct Employment?

We have a warehouse in Andhra Pradesh where loading/unloading of materials from trucks is done by Hamalis. However, these Hamalis are not employed by us. We consider the loading/unloading of material as the responsibility of the transporter, and hence, these Hamalis are paid on a piece-rate basis by the respective transporter who comes. More or less the same set of Hamalis have been working here for many years, and they have also formed their own union. However, our company has no sort of agreement with them.

Responsibility and Legal Implications

Who is responsible in case one of them meets an accident while loading/unloading material? Which laws are applicable to such Hamalis who have no employers?

It depends on the schedule of employment where the organization is covered. All the labor laws are applicable to Hamalies as well. If the Hamalies are employed through any contract labor supply services, then their services are covered as per the Contract Labor Act and rules therein.

Regards,
PBS KUMAR

Their services are not hired through any contractor. Because of the union being formed, they do not allow us to employ anybody else there for loading/unloading activity.

In this case, do we have any responsibility if any of these Hamalis meets an accident? Or is the transporter responsible for all the statutory compliances since he is paying them their salary?

The responsibility lies with the principal employer for ensuring compliance.

Regards,
PBS KUMAR