If a contractor has two or three work orders from a company in the same premises and the same principal employer, is it obligatory on his part to obtain separate labor licenses for each work order, or is only one labor license sufficient under the Contract Labor Regulation and Abolition Act 1970?
From India, Raipur
From India, Raipur
Building and others licenses applicable on principal employer or contractor Joshi Brothers
From India, Rajkot
From India, Rajkot
Dear Sir, Please guide us PF Liability applicable in GWR (Good Work Reverse) head when we pay it in cash and show in salary sheet. Joshi Brothers
From India, Rajkot
From India, Rajkot
Dear,
It depends upon registration by the employer. If he has done registration for a certain period, then he has to do fresh registration, and you will take a fresh license. Otherwise, the same license will be legal.
J. S. Malik
From India, Delhi
It depends upon registration by the employer. If he has done registration for a certain period, then he has to do fresh registration, and you will take a fresh license. Otherwise, the same license will be legal.
J. S. Malik
From India, Delhi
Dear Malikji,
Thank you for your reply. I am not talking about principal employer registration, but my question is: if a contractor has two or three work orders from a company at the same time (involving various civil works like construction of boundary wall and construction of workshop building by the same contractor) on the same premises with the same principal employer, is it obligatory for the contractor to obtain separate labor licenses for each work order or is only one labor license sufficient under the Contract Labour (Regulation and Abolition) Act 1970?
Thank you.
From India, Raipur
Thank you for your reply. I am not talking about principal employer registration, but my question is: if a contractor has two or three work orders from a company at the same time (involving various civil works like construction of boundary wall and construction of workshop building by the same contractor) on the same premises with the same principal employer, is it obligatory for the contractor to obtain separate labor licenses for each work order or is only one labor license sufficient under the Contract Labour (Regulation and Abolition) Act 1970?
Thank you.
From India, Raipur
Dear there is no pf liability on GWR head,the pf liability on only basic and vda head. A.K.Gautam
From India, Raipur
From India, Raipur
Dear Friend,
Mr. Malik is speaking very relevantly to your query. The registration of the establishment determines the number of licenses you may have to obtain. If the establishment has three different registrations, then you are supposed to obtain three different licenses under the respective registrations.
Regards
From India, Vadodara
Mr. Malik is speaking very relevantly to your query. The registration of the establishment determines the number of licenses you may have to obtain. If the establishment has three different registrations, then you are supposed to obtain three different licenses under the respective registrations.
Regards
From India, Vadodara
Dear Gautam,
Yes, if the contractor is engaging 10 or more persons, a labor license is required even if it is for a single day. According to the law, no contractor can engage 10 or more laborers inside a factory premises without a license.
Regards,
SC
From India, Thane
Yes, if the contractor is engaging 10 or more persons, a labor license is required even if it is for a single day. According to the law, no contractor can engage 10 or more laborers inside a factory premises without a license.
Regards,
SC
From India, Thane
Dear Mr. Gautam, It is obligatory on the part of the contractor to get the Labour Licence in respect of each contract in which 20 or more persons are employed. Thanx, Abhijit
From India, Mumbai
From India, Mumbai
dear it depends on the nature of work, limit of number of employees if you fullfill the requirement of licence there is no problem. otherwise it requires amendment in your RC and Licence.
From India, Rohtak
From India, Rohtak
Dear Gautam ji,
A separate license is not required if the contractor works in the same premises of the principal employer. However, the contractor has to amend the work order particulars on the license with a request letter to the concerned Labor Department. Additionally, if the manpower is increased, the contractor has to pay any extra fee for that.
Regards,
PBS KUMAR
From India, Kakinada
A separate license is not required if the contractor works in the same premises of the principal employer. However, the contractor has to amend the work order particulars on the license with a request letter to the concerned Labor Department. Additionally, if the manpower is increased, the contractor has to pay any extra fee for that.
Regards,
PBS KUMAR
From India, Kakinada
Dear Mr. Gautam,
The labor license is for supplying manpower to the principal employer. So, if the same contractor is supplying manpower to the same premises under the same RC, then no further license would be required. As Mr. Malik's reply indicates, it is very clear that the labor license depends on the RC obtained, and the contractor is supposed to deposit a fee based on the manpower strength, not on a per-work basis. I want to clarify the meaning of RC and LC so the matter will become quite clear.
RC: It is only for permission to recruit contractors under premises.
Labor License: It is only for permission to supply manpower to the principal employer, not for job functioning permission. Now, if the contractor supplies manpower to the principal employer, the contractor doesn't need to worry about the job.
Reg Kandpal
From India, Gurgaon
The labor license is for supplying manpower to the principal employer. So, if the same contractor is supplying manpower to the same premises under the same RC, then no further license would be required. As Mr. Malik's reply indicates, it is very clear that the labor license depends on the RC obtained, and the contractor is supposed to deposit a fee based on the manpower strength, not on a per-work basis. I want to clarify the meaning of RC and LC so the matter will become quite clear.
RC: It is only for permission to recruit contractors under premises.
Labor License: It is only for permission to supply manpower to the principal employer, not for job functioning permission. Now, if the contractor supplies manpower to the principal employer, the contractor doesn't need to worry about the job.
Reg Kandpal
From India, Gurgaon
Hi Mr. Gautam,
Regarding your query, if the contractor has a valid labor license to execute jobs in your company, he can undertake any number of jobs within the company without needing a separate labor license for each work order. This is because the contractor allocates their labor for the tasks in accordance with the job using the valid labor license. If the contractor wishes to increase the labor force, they can approach the labor department for additional labor by paying the prescribed fee for the volume of work.
Hope the above explanation is clear.
Thanks & Regards
From India, Hyderabad
Regarding your query, if the contractor has a valid labor license to execute jobs in your company, he can undertake any number of jobs within the company without needing a separate labor license for each work order. This is because the contractor allocates their labor for the tasks in accordance with the job using the valid labor license. If the contractor wishes to increase the labor force, they can approach the labor department for additional labor by paying the prescribed fee for the volume of work.
Hope the above explanation is clear.
Thanks & Regards
From India, Hyderabad
Dear all,
We are very proud of you all, but based on my knowledge and the relevant act, there is no need to obtain separate licenses for each contract if the work is conducted at one premises. If the premises are located at various addresses, then a license is required for each location. For instance, if one contract is for housekeeping, another is for logistics, and some involve gardening, all at a single address, there is no need to obtain separate licenses.
Thank you,
9657716407
From India, Pune
We are very proud of you all, but based on my knowledge and the relevant act, there is no need to obtain separate licenses for each contract if the work is conducted at one premises. If the premises are located at various addresses, then a license is required for each location. For instance, if one contract is for housekeeping, another is for logistics, and some involve gardening, all at a single address, there is no need to obtain separate licenses.
Thank you,
9657716407
From India, Pune
You have to check the number of Certificate of Registration. Then, if you have a single Certificate of Registration in the premises, you have to check the license for the nature of work and the number of contract laborers permitted in the license. If your two or three work orders involve the contract laborers in the same work like SW, SSW, etc., and the total number does not exceed the number given in the license, it is enough to have one license.
Seniors, please correct me if I am wrong.
Benny
From India, Korba
Seniors, please correct me if I am wrong.
Benny
From India, Korba
You have to check the number of Certificates of Registration. If you have a single certificate of registration on the premises, you need to check the license for the nature of work and the number of contract laborers permitted in the license. If your two or three work orders involve the same type of contract laborers such as SW, SSW, etc., and the total number does not exceed the limit given in the license, then one license is enough.
Seniors, please correct me if I am wrong.
Benny
From India, Korba
Seniors, please correct me if I am wrong.
Benny
From India, Korba
Dear Gautam,
If the contractor's firm names are different, then he has to obtain separate Labour Licenses under the Act, provided that if the strength of each firm is below 20, then he need not obtain a Labour License. However, the Registration Certificate should be amended by the Principal Employer accordingly.
Not only should you consider point number 1, but also you have to take into account the "perennial and perishable" nature of work and ensure that the said work falls within the provisions of the CL R&A Act.
Regards,
Sanjeev
From India, Pune
If the contractor's firm names are different, then he has to obtain separate Labour Licenses under the Act, provided that if the strength of each firm is below 20, then he need not obtain a Labour License. However, the Registration Certificate should be amended by the Principal Employer accordingly.
Not only should you consider point number 1, but also you have to take into account the "perennial and perishable" nature of work and ensure that the said work falls within the provisions of the CL R&A Act.
Regards,
Sanjeev
From India, Pune
Pls any one guide me about the Bonus ceiling & how to calculate bonus for the year ? what is the recent ceiling of bonus ? Regards, ARUN AHER HR.
From India, Patna
From India, Patna
Dear Arunji,
The employee is covered with a salary of up to Rs. 10,000.00 pm (Basic + VDA Only), and the calculation is based on Rs. 3,500.00 pm. Applicability: The minimum number of days worked by an employee is not less than 30 working days in that year. The minimum bonus is 8.33%, and the maximum bonus is 20%.
Calculation Example: Financial Year April 2008 to March 2009
If X Employee worked the full year from April 08 to March 09:
Rs. 10,000 pm * 12 months = Rs. 120,000
But the calculation on Rs. 3,500 * 12 = Rs. 42,000 * 8.33% = Rs. 3,500 (Bonus Amount payable to the employee)
As per the Payment of Bonus Act, within 8 months from the close of the accounting year.
Example: (April 08 to March 09) Last date of bonus disbursement is 30 Nov 2009
Hope the above is clear.
A.K.Gautam
09669200408
From India, Raipur
The employee is covered with a salary of up to Rs. 10,000.00 pm (Basic + VDA Only), and the calculation is based on Rs. 3,500.00 pm. Applicability: The minimum number of days worked by an employee is not less than 30 working days in that year. The minimum bonus is 8.33%, and the maximum bonus is 20%.
Calculation Example: Financial Year April 2008 to March 2009
If X Employee worked the full year from April 08 to March 09:
Rs. 10,000 pm * 12 months = Rs. 120,000
But the calculation on Rs. 3,500 * 12 = Rs. 42,000 * 8.33% = Rs. 3,500 (Bonus Amount payable to the employee)
As per the Payment of Bonus Act, within 8 months from the close of the accounting year.
Example: (April 08 to March 09) Last date of bonus disbursement is 30 Nov 2009
Hope the above is clear.
A.K.Gautam
09669200408
From India, Raipur
Dear Mr. Abhijeet,
Thank you for your valuable response. It would be great if you could clarify whether there is a provision for obtaining a separate labor license under the CLRA Act, even if a contractor has two or three work orders (job work) from the same company in an ongoing project. This project involves various civil works like the construction of boundary walls and workshop buildings by the same contractor in the same premises under the same principal employer.
It would be very helpful to discuss and clear any doubts by speaking with you over the telephone. Could you please provide me with your contact number?
Regards,
A.K. Gautam
09669200408
From India, Raipur
Thank you for your valuable response. It would be great if you could clarify whether there is a provision for obtaining a separate labor license under the CLRA Act, even if a contractor has two or three work orders (job work) from the same company in an ongoing project. This project involves various civil works like the construction of boundary walls and workshop buildings by the same contractor in the same premises under the same principal employer.
It would be very helpful to discuss and clear any doubts by speaking with you over the telephone. Could you please provide me with your contact number?
Regards,
A.K. Gautam
09669200408
From India, Raipur
Dear, Mr Malik Sir & Kandel has already been given best clarification nothing better than this.
From India, Delhi
From India, Delhi
Dear Mr. Gautam,
Mr. Malik has already clarified your doubt, as the contract license is entirely dependent on Form V received from the Principal Employer. Therefore, there would be no need for another license; only the manpower/strength would be increased.
Ajay Shukla, Labour Laws Consultant, Kanpur
From India, Calcutta
Mr. Malik has already clarified your doubt, as the contract license is entirely dependent on Form V received from the Principal Employer. Therefore, there would be no need for another license; only the manpower/strength would be increased.
Ajay Shukla, Labour Laws Consultant, Kanpur
From India, Calcutta
for each single work a separate licence is necessary, provided the workers engaged for each work are 20 or more on any given day, during the tenure of work.
From India, New Delhi
From India, New Delhi
Dear,
If a contractor is performing the same type of work in the same premises (such as packing, loading, unloading), and the same work needs to be mentioned in the license, another important point to note is that the total number of employees must not exceed the number specified in the license.
If you meet this requirement, there is no need to obtain another license.
Thanks,
Sahil
From India, Delhi
If a contractor is performing the same type of work in the same premises (such as packing, loading, unloading), and the same work needs to be mentioned in the license, another important point to note is that the total number of employees must not exceed the number specified in the license.
If you meet this requirement, there is no need to obtain another license.
Thanks,
Sahil
From India, Delhi
Dear,
Thank you for your valuable response. It would be greatly appreciated if you could inform us whether there is a provision for obtaining a separate labor license (work order-wise) under the CLRA Act, even if a contractor has two or three work orders (job work) from the same company in an ongoing project (involving various civil works such as construction of boundary wall and workshop building by the same contractor) at the same premises and under the same principal employer.
It would also be helpful for us to clarify any doubts by discussing with you over the telephone. Kindly provide me with your contact number.
Regards,
09669200408
For each single work, a separate license is necessary, provided that the workers engaged for each work are 20 or more on any given day during the tenure of work.
From India, Raipur
Thank you for your valuable response. It would be greatly appreciated if you could inform us whether there is a provision for obtaining a separate labor license (work order-wise) under the CLRA Act, even if a contractor has two or three work orders (job work) from the same company in an ongoing project (involving various civil works such as construction of boundary wall and workshop building by the same contractor) at the same premises and under the same principal employer.
It would also be helpful for us to clarify any doubts by discussing with you over the telephone. Kindly provide me with your contact number.
Regards,
09669200408
For each single work, a separate license is necessary, provided that the workers engaged for each work are 20 or more on any given day during the tenure of work.
From India, Raipur
Dear Gautam,
It depends on your principal employer whether he has registered all three work orders with the labor department under a single registration or three different registrations. In any case, he should provide you with Form 5. If he has given you three different Form 5s, then you have to obtain three labor licenses; otherwise, one will be sufficient. Remember that the work order should be for more than 20.
Thank you.
From India, New Delhi
It depends on your principal employer whether he has registered all three work orders with the labor department under a single registration or three different registrations. In any case, he should provide you with Form 5. If he has given you three different Form 5s, then you have to obtain three labor licenses; otherwise, one will be sufficient. Remember that the work order should be for more than 20.
Thank you.
From India, New Delhi
Dear Gautam,
It depends on your principal employer. Has he registered all three work orders with the labor department in a single registration or three different registrations? In any case, has he given you Form 5? If he has provided you with three different Form 5s, then you have to obtain three labor licenses; otherwise, one will suffice. Remember, the work order should be for more than 20 employees.
From India, New Delhi
It depends on your principal employer. Has he registered all three work orders with the labor department in a single registration or three different registrations? In any case, has he given you Form 5? If he has provided you with three different Form 5s, then you have to obtain three labor licenses; otherwise, one will suffice. Remember, the work order should be for more than 20 employees.
From India, New Delhi
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