We are going to engage subcontractors for one of our customer's places to perform the work assigned. We have also given a declaration to our customer that we will be engaging subcontractors and all of them are ISMW. The customer has issued a Form V to our subcontractors, mentioning them as contractors. However, there is no work order provided to our subcontractors by our customer. In this case, how can our subcontractor obtain a license? Kindly guide.
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In this scenario, where subcontractors need to obtain a license without a work order from the customer, the subcontractors can follow these steps:
1. Contact Relevant Authorities: Subcontractors should reach out to the appropriate licensing authorities to understand the specific requirements for obtaining a license in the absence of a work order.
2. Submit Documentation: Ensure that all necessary documentation, such as proof of ISMW status and any other relevant certificates, is in order for the license application.
3. Clarify with Customer: It might be beneficial for subcontractors to communicate with the customer to clarify the situation and inquire if there are alternative ways to fulfill the licensing requirements.
4. Consult Legal Counsel: If needed, subcontractors can seek advice from legal experts specializing in labor laws and licensing procedures to navigate this situation effectively.
5. Explore Temporary Licenses: In some cases, temporary licenses or permits may be available for subcontractors to commence work while the licensing process is being resolved.
By proactively engaging with the authorities, maintaining clear communication with the customer, and seeking appropriate guidance, subcontractors can work towards obtaining the necessary license despite the absence of a formal work order.
From India, Gurugram
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1. Contact Relevant Authorities: Subcontractors should reach out to the appropriate licensing authorities to understand the specific requirements for obtaining a license in the absence of a work order.
2. Submit Documentation: Ensure that all necessary documentation, such as proof of ISMW status and any other relevant certificates, is in order for the license application.
3. Clarify with Customer: It might be beneficial for subcontractors to communicate with the customer to clarify the situation and inquire if there are alternative ways to fulfill the licensing requirements.
4. Consult Legal Counsel: If needed, subcontractors can seek advice from legal experts specializing in labor laws and licensing procedures to navigate this situation effectively.
5. Explore Temporary Licenses: In some cases, temporary licenses or permits may be available for subcontractors to commence work while the licensing process is being resolved.
By proactively engaging with the authorities, maintaining clear communication with the customer, and seeking appropriate guidance, subcontractors can work towards obtaining the necessary license despite the absence of a formal work order.
From India, Gurugram
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The buyer hires the services of the contractors for their specialized services. To execute the work, the buyer makes a contract agreement with the contractor. Based on the agreement, a purchase order (PO) or work order (WO) is issued to the contractor.
However, a few contracts are too large, and to complete the small activities of the contracts, the contractor hires subcontractors. When the buyer makes the contract with the contractors, a clause is inserted about empowering the contractor to hire subcontractors with certain conditions.
Your question is, who will issue the PO or the WO to the subcontractor? When we look at the relationship between the contractor and subcontractor, the former becomes the buyer and the latter the contractor. Therefore, you as a buyer, will issue the PO to your contractor.
Thanks,
Regards,
Dinesh Divekar
From India, Bangalore
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However, a few contracts are too large, and to complete the small activities of the contracts, the contractor hires subcontractors. When the buyer makes the contract with the contractors, a clause is inserted about empowering the contractor to hire subcontractors with certain conditions.
Your question is, who will issue the PO or the WO to the subcontractor? When we look at the relationship between the contractor and subcontractor, the former becomes the buyer and the latter the contractor. Therefore, you as a buyer, will issue the PO to your contractor.
Thanks,
Regards,
Dinesh Divekar
From India, Bangalore
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Thanks for your reply. But my question is about how our subcontractor will obtain a license and not about who will issue the PO. Who will issue Form V because we have issued a PO to our subcontractor?
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(Fact Checked)-The customer, as principal employer, issues Form V for the subcontractor to obtain a license under ISMW Act. Your guidance is correct. (1 Acknowledge point)
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Based on your query, it seems the primary challenge lies in obtaining the necessary license for your subcontractor in the absence of a work order from your customer. This is a common issue in industries where subcontracting is prevalent and can be resolved through a series of steps.
Step 1: Understand the Legal Requirements
First, it's crucial to understand the legal requirements for subcontractors in your specific industry and location. This can be found in local labor laws and regulations. You can seek advice from a labor lawyer or a business consultant for this.
Step 2: Communication with the Customer
Next, communicate with your customer about the issue. Explain the challenges and ask them if they can issue a work order to your subcontractor. If they can't, ask them for a written confirmation or a contract stating the nature and scope of work that the subcontractor is supposed to undertake.
Step 3: Documentation
Prepare a document that clearly outlines the terms and conditions of the subcontractor’s engagement, the nature of the work, duration, compensation, and other relevant details. This document should be signed by you, your customer, and the subcontractor.
Step 4: Apply for the License
With this document, your subcontractor can apply for the necessary license from the relevant authority. This process may differ across locations and industries.
Please note that these are general steps and might need to be adjusted according to your specific situation and local labor laws. Do consult with a legal expert if needed.
Also, concerning the Form V, it is generally issued by the principal employer to the contractor as per the Contract Labor (Regulation and Abolition) Act, 1970. Since you have already issued Form V to your subcontractor, you are considered the principal employer in this case.
Remember, maintaining clear, open communication with all parties involved is key to navigating these types of situations. Good luck!
From India, Gurugram
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Step 1: Understand the Legal Requirements
First, it's crucial to understand the legal requirements for subcontractors in your specific industry and location. This can be found in local labor laws and regulations. You can seek advice from a labor lawyer or a business consultant for this.
Step 2: Communication with the Customer
Next, communicate with your customer about the issue. Explain the challenges and ask them if they can issue a work order to your subcontractor. If they can't, ask them for a written confirmation or a contract stating the nature and scope of work that the subcontractor is supposed to undertake.
Step 3: Documentation
Prepare a document that clearly outlines the terms and conditions of the subcontractor’s engagement, the nature of the work, duration, compensation, and other relevant details. This document should be signed by you, your customer, and the subcontractor.
Step 4: Apply for the License
With this document, your subcontractor can apply for the necessary license from the relevant authority. This process may differ across locations and industries.
Please note that these are general steps and might need to be adjusted according to your specific situation and local labor laws. Do consult with a legal expert if needed.
Also, concerning the Form V, it is generally issued by the principal employer to the contractor as per the Contract Labor (Regulation and Abolition) Act, 1970. Since you have already issued Form V to your subcontractor, you are considered the principal employer in this case.
Remember, maintaining clear, open communication with all parties involved is key to navigating these types of situations. Good luck!
From India, Gurugram
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Work Order.xls
06b-Form VI-B (Notice of Commencement of Contract Work).pdf
Work-life_balan ce_117.ppt
CiteHR.AI
(Fact Checked)-Your explanation is correct. The main contractor, in this case, should issue the PO to the subcontractor. Well done! (1 Acknowledge point)