When Company XYZ enters India as a contractor and hires a subcontractor from India, do they (Foreign Co. XYZ) still need to register under BOCW and CLRA given the employee strength is less than 10? Also, what about ESI and EPF?
I need this information for a thesis.
From India, New Delhi
Acknowledge(0)
Amend(0)
2I need this information for a thesis.
From India, New Delhi
Acknowledge(0)Amend(0)
Any foreign national or company doing any business in India by employing Indian citizens are bound to comply with the provisions of Indian Labor Laws applicable to such entity.
From India, Salem
Acknowledge(0)Amend(0)
From India, Salem
Acknowledge(0)Amend(0)
My question was whether the foreign company, who is the contractor, needs to register in CLRA if the employee strength is less than 10? Also, the subcontractor and the principal employer have CLRA and BOCW respectively.
Thank you.
From India, New Delhi
Acknowledge(0)Amend(0)
Thank you.
From India, New Delhi
Acknowledge(0)Amend(0)
Applicability of CLRA and BOCW Acts
If the contractor company employs or employed on any day of the preceding twelve months 20 or more workmen, then the CLRA would be applicable to said company. In Maharashtra, the words "20 or more workmen" have been substituted by "50 or more workmen" (notification dated 05th Jan 2017).
Similarly, if the work comes under the purview of the BOCW Act, then the BOCW Act is applicable. In your description, it is clear that the CLRA Act is not applicable to the said company as the employee strength is less than 50 or even 20. However, you are bound to comply under BOCW in respect of your on-roll employees. This is so because the subcontractor is already complying for their employees.
PF-ESI Applicability
The PF-ESI has nothing to do with the contract or subcontract. If the foreign company's employees' overall strength comes under the purview of the Acts, then PF-ESI will also be applicable.
For more clarification, please put a specific query so that learned members can throw further light on the matter.
From India, Delhi
Acknowledge(0)Amend(0)
If the contractor company employs or employed on any day of the preceding twelve months 20 or more workmen, then the CLRA would be applicable to said company. In Maharashtra, the words "20 or more workmen" have been substituted by "50 or more workmen" (notification dated 05th Jan 2017).
Similarly, if the work comes under the purview of the BOCW Act, then the BOCW Act is applicable. In your description, it is clear that the CLRA Act is not applicable to the said company as the employee strength is less than 50 or even 20. However, you are bound to comply under BOCW in respect of your on-roll employees. This is so because the subcontractor is already complying for their employees.
PF-ESI Applicability
The PF-ESI has nothing to do with the contract or subcontract. If the foreign company's employees' overall strength comes under the purview of the Acts, then PF-ESI will also be applicable.
For more clarification, please put a specific query so that learned members can throw further light on the matter.
From India, Delhi
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Labr laws for Vendor compliance Management.pdf
Labour laws compliance.doc