Please give your knowledge on what action to be taken legally as a HR professional when a contractor refuses or does not comply with the labour rules.
From France, Cergy
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From France, Cergy
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Advice on Statutory Obligations
First, you should advise him to fulfill all statutory obligations. Failing to do so, don't settle his bill unless he is getting an ESI CODE/EPF CODE. This is the simplest solution. Why are you taking legal action? Time is wasted.
Note: If anyone approaches your employer for contractorship, you should demand they get an ESI/EPF/LABOUR LICENCE. Otherwise, don't consider it.
Regards,
V. Subbarao
From India, Madras
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38First, you should advise him to fulfill all statutory obligations. Failing to do so, don't settle his bill unless he is getting an ESI CODE/EPF CODE. This is the simplest solution. Why are you taking legal action? Time is wasted.
Note: If anyone approaches your employer for contractorship, you should demand they get an ESI/EPF/LABOUR LICENCE. Otherwise, don't consider it.
Regards,
V. Subbarao
From India, Madras
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Please talk to the contractor about why he is not willing to comply with labor rules. Is he facing difficulties from the principal employer's side, or is it sheer negligence and an evasive tactic? Explain to him the consequences of not complying with labor rules and offer all possible help to resolve the issue. If you have engaged more than one contractor, inform all of them to strictly comply with labor rules and ensure that any non-compliance by contractors does not implicate you.
Regards,
Madhusudan
From India, Vijayawada
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Regards,
Madhusudan
From India, Vijayawada
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Evaluating Contractor Payment and Compliance
Introspect—are you paying him too little? In your pursuit of getting the best rates, you may have hired a contractor who will compromise on ethics and mandatory obligations. Did you make your demands for statutory obligations clear before the project was awarded? Decent contractors, if informed beforehand of their obligations, will build that into costs. However, if your decision was made solely on "rates," you may have pushed your contractor into a corner.
If you have done everything right, just issue a show cause letter, demand an audit (if your contract allows it), and if found guilty, stop paying him pending a course correction window. If he continues to violate the contract, terminate the contract and move on.
If the fault is in your system, issue revised requirements, make it time-bound, renegotiate, include audit clauses, and proceed as above.
From India, Mumbai
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Introspect—are you paying him too little? In your pursuit of getting the best rates, you may have hired a contractor who will compromise on ethics and mandatory obligations. Did you make your demands for statutory obligations clear before the project was awarded? Decent contractors, if informed beforehand of their obligations, will build that into costs. However, if your decision was made solely on "rates," you may have pushed your contractor into a corner.
If you have done everything right, just issue a show cause letter, demand an audit (if your contract allows it), and if found guilty, stop paying him pending a course correction window. If he continues to violate the contract, terminate the contract and move on.
If the fault is in your system, issue revised requirements, make it time-bound, renegotiate, include audit clauses, and proceed as above.
From India, Mumbai
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Please verify the agreement you made with the contractor. If it is not in compliance, issue a warning letter with a grace period for the implementation of a corrective action plan. After this grace period, if the contractor continues to disregard the rules, it would be advisable to terminate the contract to avoid legal repercussions against you.
Regards,
Christopher
[Phone Number Removed For Privacy Reasons]
From India, Madras
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Regards,
Christopher
[Phone Number Removed For Privacy Reasons]
From India, Madras
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Understanding Labour Rules and Responsibilities
Labour rules are statutory. Contracts and contractors are guided by the Contract Labour Regulation and Abolition Act 1970. No agreement is above labour laws. Any failure in adhering to these laws makes the contractor, in the first instance, and the principal employer wholly and finally responsible.
You are playing a main role. Hence, where is the question of the contractor not complying with rules and regulations? All your actions should be as per the CLRA. If the principal employer and contractor work hand in glove, labour authorities will step in to check for violations and enforce corrections and punishment.
From India, Nellore
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Labour rules are statutory. Contracts and contractors are guided by the Contract Labour Regulation and Abolition Act 1970. No agreement is above labour laws. Any failure in adhering to these laws makes the contractor, in the first instance, and the principal employer wholly and finally responsible.
You are playing a main role. Hence, where is the question of the contractor not complying with rules and regulations? All your actions should be as per the CLRA. If the principal employer and contractor work hand in glove, labour authorities will step in to check for violations and enforce corrections and punishment.
From India, Nellore
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As an HR Manager, your primary responsibility is to ensure adherence to statutory rules and regulations related to the labor force in your industry. It is crucial to note that the particular contractor lacks legal compliance in this regard, leading to vicarious liability as the principal employer. Despite this, it seems that you are uncertain about the course of action required for correction, possibly due to the contractor's significant influence over the company's top management.
Regardless of any external pressures, it remains your duty to guarantee legal compliance. In the event that the State Enforcement Authority initiates legal action, you will ultimately be held accountable. Therefore, I urge you to take immediate action and inform the chief about the situation without any delay or hesitation.
Thank you.
From India, Salem
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Regardless of any external pressures, it remains your duty to guarantee legal compliance. In the event that the State Enforcement Authority initiates legal action, you will ultimately be held accountable. Therefore, I urge you to take immediate action and inform the chief about the situation without any delay or hesitation.
Thank you.
From India, Salem
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First of all, please come with your proper identity to an intellectual forum like CITE. However, to address your problem, please understand that the non-compliance of the contractor with labor law legislations like Minimum Wages, PF & ESI is not only his responsibility but also yours. The rates you are providing may be too low for him to maintain the workforce. Discuss this issue immediately, or else please terminate and blacklist him. If he is caught by labor officials while violating these laws, you will also be liable. Act quickly on this matter and come to a resolution.
Regards,
Biplab
From India, Delhi
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Regards,
Biplab
From India, Delhi
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Well, it’s so simple. Initially, you can warn him and give some to improve and then if you do not find any improvement in their work then simply you can end the contract or terminate them.
From India, Lucknow
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From India, Lucknow
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Dear, You find your way or talk to your superior. If you realize your contract is fails to willing statutory comply then terminate his contract after hiring of new contractor.
From India
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From India
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Guidelines for Handling Non-Compliance by Contractors
In cases where you find the contractor violating the required statutory rules under CLRA, follow the guidelines given below:
1. Check the agreement your company has with the contractor to ensure that you have mentioned the clause whereby all the statutory rules as per CLRA should be followed by the contractor.
2. If the same is missing in your agreement, amend it to include the clause.
3. Give the contractor a specific timeline for taking corrective measures.
4. Audit to find out the compliance at the end of the timeline.
5. If the contractor still does not follow the guidelines, issue a notice and terminate the agreement citing reasons for non-compliance so that they cannot approach the court for seeking justice.
Regards
From India, Mumbai
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In cases where you find the contractor violating the required statutory rules under CLRA, follow the guidelines given below:
1. Check the agreement your company has with the contractor to ensure that you have mentioned the clause whereby all the statutory rules as per CLRA should be followed by the contractor.
2. If the same is missing in your agreement, amend it to include the clause.
3. Give the contractor a specific timeline for taking corrective measures.
4. Audit to find out the compliance at the end of the timeline.
5. If the contractor still does not follow the guidelines, issue a notice and terminate the agreement citing reasons for non-compliance so that they cannot approach the court for seeking justice.
Regards
From India, Mumbai
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Contractor Compliance and Payment Handling
Please hold the bills of that contractor until he makes all the statutory payments and provides proof to you. Alternatively, deduct the dues from his bill and settle the outstanding payments yourself. If the contractor fails to comply with legal standards even after these actions, please terminate his contract.
Thank you.
From India, Mumbai
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Please hold the bills of that contractor until he makes all the statutory payments and provides proof to you. Alternatively, deduct the dues from his bill and settle the outstanding payments yourself. If the contractor fails to comply with legal standards even after these actions, please terminate his contract.
Thank you.
From India, Mumbai
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Addressing Contractor Violations: A Proactive Approach
If all contractors violate the rules, can you remove all the contractors? It is not a solution. We, as HR professionals, first create awareness about the rules and regulations of the CL (R&A) Act. We inform them about the repercussions if they violate the rules.
Steps to Educate Contractors
Educate the contractors on how to maintain records and registers, witness the wage payment, observe day-to-day contractor activities, point out deviations, and enforce corrections.
If we perform the above activities sincerely, we can achieve good results. Every contractor will be prepared to maintain all the records and registers, and violations will decrease.
Regards,
Kaleswara Rao
From India, Guntur
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If all contractors violate the rules, can you remove all the contractors? It is not a solution. We, as HR professionals, first create awareness about the rules and regulations of the CL (R&A) Act. We inform them about the repercussions if they violate the rules.
Steps to Educate Contractors
Educate the contractors on how to maintain records and registers, witness the wage payment, observe day-to-day contractor activities, point out deviations, and enforce corrections.
If we perform the above activities sincerely, we can achieve good results. Every contractor will be prepared to maintain all the records and registers, and violations will decrease.
Regards,
Kaleswara Rao
From India, Guntur
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What is the system being followed in your company? How is the contractor getting his bills paid? Please hold the cheque and instruct the contractor to submit all relevant documents as per your requirement. If you are thinking only of the PF part, then you have the daily workforce details with you; accordingly, prepare their paysheet as per minimum wages, deduct the PF & ESI, and directly remit to the contractor's PF Account Code.
Regards,
From India, Kumbakonam
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Regards,
From India, Kumbakonam
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I appreciate the reply from Shri Bhasker. The adjustment of money towards the compliance liability of the contractor has become a regular feature—he is repeatedly found to be a defaulter. Blacklist him and do not engage him for any business.
Importance of Contractor Credentials
It is always important and necessary to check the credentials of contractors in addition to their technical competence.
Regards,
Shailesh Parikh
Vadodara, Gujarat
[Phone Number Removed For Privacy Reasons]
From India, Mumbai
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Importance of Contractor Credentials
It is always important and necessary to check the credentials of contractors in addition to their technical competence.
Regards,
Shailesh Parikh
Vadodara, Gujarat
[Phone Number Removed For Privacy Reasons]
From India, Mumbai
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Contractor Compliance with Insurance Policies
Documents like Workers' Compensation Policy, ESI, PF, Third-Party Liability Policy, and Car Policy are mentioned in the contract. Some contractors submit only ESI and argue that it covers the Workers' Compensation Policy.
Some contractors do not have laborers on-site. Contractors' engineers may work at the site for 1 or 2 months. Instead of the Workers' Compensation policy, they submit group mediclaim policies. Can we accept this?
Regards
From India, Trivandrum
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Documents like Workers' Compensation Policy, ESI, PF, Third-Party Liability Policy, and Car Policy are mentioned in the contract. Some contractors submit only ESI and argue that it covers the Workers' Compensation Policy.
Some contractors do not have laborers on-site. Contractors' engineers may work at the site for 1 or 2 months. Instead of the Workers' Compensation policy, they submit group mediclaim policies. Can we accept this?
Regards
From India, Trivandrum
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Deduct the statutory liabilities such as ESI, PF, etc., of the employees engaged by the contractor from its due payment. With the consultation of management, proceed with the termination of the agreement as per the terms outlined in the agreement after selecting the contractor to provide the service.
Regards
From India, Delhi
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Regards
From India, Delhi
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