Hi, I want the brief introduction on contract labour management. Regards B.Nagaraju
From India, Vijayawada
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From India, Vijayawada
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Dear B. Nagaraju,
First, go through The Contract Labour (R&A) Act, 1970 & Rules of your state and then ask specific questions.
Regards,
R.N. Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
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424First, go through The Contract Labour (R&A) Act, 1970 & Rules of your state and then ask specific questions.
Regards,
R.N. Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
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Sir,
I was employed at Cadtech Consultants Pvt Ltd in Delhi, which provides manpower to Ericsson (MNC). When I resigned from there, they blocked my 27,000 rupees. Whenever I asked about the matter, they didn't respond well. It has been more than a year and a half, and I am still waiting to get back my money, but I couldn't find any guidance or help.
Please suggest a way forward.
Regards,
Praveen Vashishth
09773322634
From India, Mumbai
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I was employed at Cadtech Consultants Pvt Ltd in Delhi, which provides manpower to Ericsson (MNC). When I resigned from there, they blocked my 27,000 rupees. Whenever I asked about the matter, they didn't respond well. It has been more than a year and a half, and I am still waiting to get back my money, but I couldn't find any guidance or help.
Please suggest a way forward.
Regards,
Praveen Vashishth
09773322634
From India, Mumbai
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Hi BNR,
I am sending you the introductory brief of the Contract Labour Act. I hope that is useful for you.
CONTRACT LABOUR ACT
Applicability:
The Act applies to the Principal Employer of an Establishment and the contractors employed when more than 20 workmen are/were employed on one day during the last year as contract labour.
Registration of Establishment & its Fee:
The Principal Employer of an establishment to whom the Act is applicable is required to get registered with the Registering Officer of the area, i.e., the Assistant Labour Commissioner or the Labour-cum-Conciliation Officer by submitting an application in triplicate in Form-I along with the prescribed fee mentioned herein under.
Grant of Certificate of Registration:
If the application for registration is complete in all respects, the registering officer shall register the establishment and issue to the principal employer of the establishment a certificate of registration in Form II.
Amendment of Certificate of Registration:
If there is any change in the particulars specified in the certificate of registration in relation to an establishment, the principal employer shall intimate to the registering officer within thirty days from the date when such change takes place, the particulars of, and the reasons for, such change. On the receipt of the intimation, the registering officer is satisfied that there has occurred a change in the particulars of the establishment, as entered in the register in Form III.
Application for a Licence:
- Every application by a contractor for the grant of Licence shall be made in triplicate Form IV, to the licensing officer of the area.
- Every application for the grant of a licence shall be accompanied by a certificate by the Principal employer in Form V.
- Every Licence shall be granted in Form VI.
Filing of Return of Commencement and Completion of the Contract:
The Principal employer shall, within 15 days of the commencement or completion of each contract work under each contractor, submit a return to the inspector, appointed, intimating the actual dates for commencement or completion of such contract work, in Form VI-B.
Maintenance of Records and Submission of Returns by Principal Employer:
Register of contractors in respect of every establishment in Form XII and annual return in Form XXV in duplicate before 15th February.
Filing of Annual Return:
The principal employer shall send an annual return in Form-XXV (in duplicate) so as to reach the Registering officer concerned not later than 15th February following the end of the year to which it relates.
Display of Notices & Abstract of Act and Rules:
- The principal employer shall display Notices showing the rates of wages, hours of work, wage period, dates of payment of wages, name and addresses of the inspectors having jurisdiction, and the date of payment of unpaid wages in English and in Hindi and in the local language understood by the majority of workers.
- The contractor shall display an abstract of the act and rules in English and Hindi or in the local language understood by the majority of workers.
Obligations of the Principal Employer:
The employer has to ensure that the contractor is paying wages to his workmen before the expiry of the 7th day of every month if the number of workers employed in the Company does not exceed a thousand, or before the expiry of the 10th day of every month if the number of workers employed in such a Company is more than one thousand. To ensure that minimum wages are paid to contract labour. The Principal Employer shall pay wages in full to the contract workmen in case the contractor fails to pay the same. The principal employer is statutorily responsible for the payment of wages to contract laborers, including arrears, in case the contractor commits a default which he can recover from the contractor by deducting from any amount payable to him or as a debt payable by him. The Act stipulates the obligation of the principal employer and contractor employing contract labor to provide canteens facilities. In case of a failure on the part of the contractor to provide such facilities, the Principal Employer is made liable to provide the amenities. The principal employer shall ensure while making payment to the contractor that the contractor has paid the employees provident fund contributions deductions both of the contractor and employees on time. The Act enjoins the obligation on every principal employer and every contractor to maintain the registers and records. The principal employer shall send the return annually so that it reaches the registering officer not later than 15th February following the end of the year to which it relates.
In respect of establishments which are governed by the Payment of Wages Act, 1936, and the rules made thereunder, or Minimum Wages Act, 1948, or the rules made thereunder, the following registers and records required to be maintained by a contractor as an employer under those Acts and the Rules made thereunder shall be deemed to be registers and records to be maintained by the contractor under these Rules, namely:
1. Muster Roll (Form-XVI)
2. Register of Wages (Form-XVII)
3. Register of Deductions for damage or loss (Form-XX)
4. Register of Overtime (Form-XXIII)
5. Register of Fines (Form-XXI)
6. Register of Advances (Form-XXII)
7. Wage slip (Form-XIX)
Every contractor shall:
- Maintain a register of employed persons in Form-XII.
- Issue an employment card in Form –XIV.
- Issue a service certificate in Form-XV.
Thanks and Regards,
Dipti Srivastava
Advocate
From India, Mumbai
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I am sending you the introductory brief of the Contract Labour Act. I hope that is useful for you.
CONTRACT LABOUR ACT
Applicability:
The Act applies to the Principal Employer of an Establishment and the contractors employed when more than 20 workmen are/were employed on one day during the last year as contract labour.
Registration of Establishment & its Fee:
The Principal Employer of an establishment to whom the Act is applicable is required to get registered with the Registering Officer of the area, i.e., the Assistant Labour Commissioner or the Labour-cum-Conciliation Officer by submitting an application in triplicate in Form-I along with the prescribed fee mentioned herein under.
Grant of Certificate of Registration:
If the application for registration is complete in all respects, the registering officer shall register the establishment and issue to the principal employer of the establishment a certificate of registration in Form II.
Amendment of Certificate of Registration:
If there is any change in the particulars specified in the certificate of registration in relation to an establishment, the principal employer shall intimate to the registering officer within thirty days from the date when such change takes place, the particulars of, and the reasons for, such change. On the receipt of the intimation, the registering officer is satisfied that there has occurred a change in the particulars of the establishment, as entered in the register in Form III.
Application for a Licence:
- Every application by a contractor for the grant of Licence shall be made in triplicate Form IV, to the licensing officer of the area.
- Every application for the grant of a licence shall be accompanied by a certificate by the Principal employer in Form V.
- Every Licence shall be granted in Form VI.
Filing of Return of Commencement and Completion of the Contract:
The Principal employer shall, within 15 days of the commencement or completion of each contract work under each contractor, submit a return to the inspector, appointed, intimating the actual dates for commencement or completion of such contract work, in Form VI-B.
Maintenance of Records and Submission of Returns by Principal Employer:
Register of contractors in respect of every establishment in Form XII and annual return in Form XXV in duplicate before 15th February.
Filing of Annual Return:
The principal employer shall send an annual return in Form-XXV (in duplicate) so as to reach the Registering officer concerned not later than 15th February following the end of the year to which it relates.
Display of Notices & Abstract of Act and Rules:
- The principal employer shall display Notices showing the rates of wages, hours of work, wage period, dates of payment of wages, name and addresses of the inspectors having jurisdiction, and the date of payment of unpaid wages in English and in Hindi and in the local language understood by the majority of workers.
- The contractor shall display an abstract of the act and rules in English and Hindi or in the local language understood by the majority of workers.
Obligations of the Principal Employer:
The employer has to ensure that the contractor is paying wages to his workmen before the expiry of the 7th day of every month if the number of workers employed in the Company does not exceed a thousand, or before the expiry of the 10th day of every month if the number of workers employed in such a Company is more than one thousand. To ensure that minimum wages are paid to contract labour. The Principal Employer shall pay wages in full to the contract workmen in case the contractor fails to pay the same. The principal employer is statutorily responsible for the payment of wages to contract laborers, including arrears, in case the contractor commits a default which he can recover from the contractor by deducting from any amount payable to him or as a debt payable by him. The Act stipulates the obligation of the principal employer and contractor employing contract labor to provide canteens facilities. In case of a failure on the part of the contractor to provide such facilities, the Principal Employer is made liable to provide the amenities. The principal employer shall ensure while making payment to the contractor that the contractor has paid the employees provident fund contributions deductions both of the contractor and employees on time. The Act enjoins the obligation on every principal employer and every contractor to maintain the registers and records. The principal employer shall send the return annually so that it reaches the registering officer not later than 15th February following the end of the year to which it relates.
In respect of establishments which are governed by the Payment of Wages Act, 1936, and the rules made thereunder, or Minimum Wages Act, 1948, or the rules made thereunder, the following registers and records required to be maintained by a contractor as an employer under those Acts and the Rules made thereunder shall be deemed to be registers and records to be maintained by the contractor under these Rules, namely:
1. Muster Roll (Form-XVI)
2. Register of Wages (Form-XVII)
3. Register of Deductions for damage or loss (Form-XX)
4. Register of Overtime (Form-XXIII)
5. Register of Fines (Form-XXI)
6. Register of Advances (Form-XXII)
7. Wage slip (Form-XIX)
Every contractor shall:
- Maintain a register of employed persons in Form-XII.
- Issue an employment card in Form –XIV.
- Issue a service certificate in Form-XV.
Thanks and Regards,
Dipti Srivastava
Advocate
From India, Mumbai
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Contract Labour Act.zip
SELF-CERTIFICAT E PROFORMA UNNDER CONTRACT LABOUR (R&A) ACT, 1970.doc