How Should I Maintain an Overtime Register for Contract Employees Across States?

meenakshi.gupta@hkindia.co.in
Overtime Register Maintenance Query

I seek your advice regarding the Overtime Register. Our company's registered office in Gurgaon provides canteen services to a company in Tapukara, Rajasthan, on a contract basis, where our employees are deputed. Now, the company wants us to maintain an Overtime Register for these employees, one of whom is a contract laborer for my company. My query is: under which Act should I maintain the Overtime Register for these 4 employees?

Kindly guide!

Regards,
Meenakshi
Kumaran Praveen
Hi,

In my point of view, you mentioned that your company provides canteen services to a company in Rajasthan on a contract basis. This implies that your company becomes a contractor for the Rajasthan company, and as a result, you are required to maintain an overtime register in accordance with the Contract Labour (Regulation & Abolition) Act-1970.

Thumbs up.
mail8013
Hello Meenakshi,

You need to maintain the register under the Contract Labour (R&A) Act of 1970. If I remember correctly, the section related to "Muster Roll, Wages Register, Deduction Register, and Overtime Register" is 78. The relevant form to be filled and maintained as the Overtime Register is Form 23.

Let me know if you have any other queries.

Regards, A.B.
meenakshi.gupta@hkindia.co.in
Clarification on Contract Labor Act and Applicable Regulations

Thank you for your time and reply! Yes, we are contractors for canteen services to the client company. However, as far as my company is concerned, it has fewer than 20 contract laborers, so the Contract Labor Act does not apply. Nonetheless, my company utilizes three permanent employees and one contract laborer for the canteen services provided to the client company. Therefore, I am a little perplexed about how the Contract Labor Act is applicable to us. Shouldn't it be governed by the Minimum Wages Act or the Rajasthan Shop and Establishment Act?

Looking forward to your valuable insights on this!

Regards,
Meenakshi
Kumaran Praveen
Hi,

Sorry, I am not aware of the Rajasthan S&E Act. My point is, according to the company to whom you are providing your workers as contract workers, if they ask you to maintain a register for their overtime (from my point of view), then it will fall under the Contract Act.

Regards,
Mr. Thumbs Up
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