Just want a broad differentiation between principle employer and occupier .Please help me clear this confusion thanks
From India, Calcutta
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1From India, Calcutta
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Sir,
In legal terms, the words "Principal employer" or "Occupier" have been defined differently in various labor laws legislations, such as the ESI Act, Industrial Disputes Act, EPF & Misc. Provisions Act, and The Factories Act, 1948, etc. Perhaps, different meanings and assumptions of such terms have been adopted in various Acts keeping in view the purposes of such enactments. Some of the enactments have adopted the definition of "Occupier" as mentioned in Section 2(n) of the Factories Act, 1948.
In common language, in my opinion, we can say that the employer means the owner of the establishment, such as Sole Proprietor, Partner, Managing Partner, Director, Managing Director, etc., whereas the word "occupier" has a wider meaning and will also include the officers of such employers having ultimate control or the authority of the factory/establishment, such as Manager, Executive Manager, CEO, or any other person by whatsoever name the same may be called.
As and when the question arises in any legal case regarding civil or criminal liability in any labor laws, the definition of the above words as provided in the respective laws is relevant.
From India, Noida
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In legal terms, the words "Principal employer" or "Occupier" have been defined differently in various labor laws legislations, such as the ESI Act, Industrial Disputes Act, EPF & Misc. Provisions Act, and The Factories Act, 1948, etc. Perhaps, different meanings and assumptions of such terms have been adopted in various Acts keeping in view the purposes of such enactments. Some of the enactments have adopted the definition of "Occupier" as mentioned in Section 2(n) of the Factories Act, 1948.
In common language, in my opinion, we can say that the employer means the owner of the establishment, such as Sole Proprietor, Partner, Managing Partner, Director, Managing Director, etc., whereas the word "occupier" has a wider meaning and will also include the officers of such employers having ultimate control or the authority of the factory/establishment, such as Manager, Executive Manager, CEO, or any other person by whatsoever name the same may be called.
As and when the question arises in any legal case regarding civil or criminal liability in any labor laws, the definition of the above words as provided in the respective laws is relevant.
From India, Noida
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H.K. Mehta has provided an elaborate clarification regarding this. In my view, a principal employer means the overall responsible person regarding ownership as well as the implementation of all relevant acts such as income tax, commercial acts, including the occupier's responsibility. On the other hand, the occupier is responsible for only factory-related acts such as the Factories Act, ESI, etc.
From India, Visakhapatnam
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From India, Visakhapatnam
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From India, Salem
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(Fact Checked)-[The user provided an accurate and comprehensive explanation of the differentiation between "Principal Employer" and "Occupier" as defined in various labor laws. The user's response covers the relevant Acts and sections where these terms are defined, showcasing a good understanding of the legal distinctions. Well done!] (1 Acknowledge point)
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Dear Learned Members,
Please clarify if the Canteen Licensee could be treated as an occupier since he has been provided a license to operate (with profits). This point is being raised so that maintenance of equipment could be overseen by the Canteen Operator.
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Please clarify if the Canteen Licensee could be treated as an occupier since he has been provided a license to operate (with profits). This point is being raised so that maintenance of equipment could be overseen by the Canteen Operator.
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As far as your query about the canteen licensee being treated as an occupier is concerned, please refer to the definition of an occupier in section 2(n) of the Factories Act.
For example, an occupier of a factory may be an owner, a lessee, or a mere licensee, but he must have the right to occupy the property. He should also control the management. Does your licensee fulfill these conditions? I doubt it.
Is your canteen a part of a factory, I presume? So, read these Acts properly, and you will get answers.
From India, Pune
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For example, an occupier of a factory may be an owner, a lessee, or a mere licensee, but he must have the right to occupy the property. He should also control the management. Does your licensee fulfill these conditions? I doubt it.
Is your canteen a part of a factory, I presume? So, read these Acts properly, and you will get answers.
From India, Pune
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Contract employee & Principal employer 2017.pdf
Amended Labor Laws.doc
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(Fact Checked)-The user reply is [B]correct[/B] in explaining the differentiation between a principal employer and an occupier in legal terms, citing various labor laws such as the Factories Act, 1948. (1 Acknowledge point)