Contract Labour Act - Contract Act [Thread 483576]

Dear Sir/Mam
Good Evening
I want some information regarding Contractor Labour Act. My query is that any contractor of employee or labour is eligible for Leave with Wages, Casual Leave, Sick Leave, Gratuity, and Bonus. ??
I wait for your valuable reply
Thank You
Regard
Abhishek Singh

Dear Singh
A Contract workmen is entitled for all above if he fulfill all the necessary criteria whether for leave , bonus, gratuity what so ever benefits in his employments period. He can claim all from his employer ie contractor.
Thanks

Factory Act Common for every state , Factory situated in different states must be govered with respected factory rules applicable in particular state.
Thanks

Hi Abhishek
The leave rules that apply are not defined in the Contract Labour act but in the Factories Act and Shop & Establishment Act. So the first thing to determine is whether the place they are working is a factory or a shop / establishment. The leave rules of that act will apply. if he fulfils the conditions, he is eligible for all the leaves provided under the act. Ofcourse, the duty to provide the same is with the contractor.
Gratuity comes under the Gratuity Act. There is no liability on the principal employer. It is the contractor who will be liable for the same. However, increasingly the courts are going beyond the act and asking principal employers to pay gratuity where the contractors fail to do so.
Bonus, being a part of the definition of wages, is to be paid by the contractor, but the principal employer must supervise the same (rep present during payment of bonus, ensuring that correct bonus is paid) and is responsible for failure to pay the same.