I appreciate the posting by Raj Kumar ji, our senior member and super moderator elaborating CSR projects and value addition in the discussion.
However, I have to differ with one of the senior members Saswata ji, with due respect to him.
"establishment" under CLRA means--
(i) any office or department of the Government or a local authority, or
(ii) any place where any industry, trade, business, manufacture or occupation is carried on.
On what basis we can say the school where the repair work is being done is not an establishment?
QUOTE=saswatabanerjee;2058044]
Even if it were to be, the principal employer would not be this company but the school management.
[/QUOTE]
"principal employer" under CLRA means--
(i) in relation to any office or department of the Government or a local authority, the head of that office or department or such other officer as the Government or the local authority, as the case may be, may specify in this behalf;
(ii) in a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory under the Factories Act, 1948 (63 of 1948) the person so named;
(iii) in a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named;
(iv) in any other establishment, any person responsible for the supervision and control of the establishment.
Even the company can be a PE. It's depends on how you take it. The company can assume its establishment in the premises of the school for repair work since it has issued the work order and responsible for supervision and control of the establishment i.e. repair work.
QUOTE=saswatabanerjee;2058044]
I do not think that the same level if compliance enforcement is required.[/QUOTE]
Under what provisions such relaxation?
This submission is to have more clarity on subject and nothing else.
However, I have to differ with one of the senior members Saswata ji, with due respect to him.
"establishment" under CLRA means--
(i) any office or department of the Government or a local authority, or
(ii) any place where any industry, trade, business, manufacture or occupation is carried on.
On what basis we can say the school where the repair work is being done is not an establishment?
QUOTE=saswatabanerjee;2058044]
Even if it were to be, the principal employer would not be this company but the school management.
[/QUOTE]
"principal employer" under CLRA means--
(i) in relation to any office or department of the Government or a local authority, the head of that office or department or such other officer as the Government or the local authority, as the case may be, may specify in this behalf;
(ii) in a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory under the Factories Act, 1948 (63 of 1948) the person so named;
(iii) in a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named;
(iv) in any other establishment, any person responsible for the supervision and control of the establishment.
Even the company can be a PE. It's depends on how you take it. The company can assume its establishment in the premises of the school for repair work since it has issued the work order and responsible for supervision and control of the establishment i.e. repair work.
QUOTE=saswatabanerjee;2058044]
I do not think that the same level if compliance enforcement is required.[/QUOTE]
Under what provisions such relaxation?
This submission is to have more clarity on subject and nothing else.