Applicability of the acts

NAMRATA DONTUL (Querist) 22 September 2011 This query is : Resolved
Can the Contract Labour (Prohibition and Regulation) Act 1986,the Minimum Wages Act 1948 and the Workmen’s Compensation Act 1923 applicable to Payment solution provider. (IT company - card solutions)

Plz advice ASAP.

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Sailesh Kumar Shah (Expert) 22 September 2011
what is the business of the company?

NAMRATA DONTUL (Querist) 22 September 2011
software development and software solutions providing to bank for reconciliation.

Sailesh Kumar Shah (Expert) 22 September 2011
Contract Labour (Prohibition and Regulation) Act 1986 applies, if:-

in your company 20 or more workmen are employed or were employed on any day on the preceding 12 months as contract labour and to every contractor who employs or who employed on any day of the preceding 12 months 20 or more workmen.

Sailesh Kumar Shah (Expert) 22 September 2011
the Minimum Wages Act 1948 also applies.

NAMRATA DONTUL (Querist) 22 September 2011
but for employees labour laws can be appllied?

Sailesh Kumar Shah (Expert) 22 September 2011
the Workmen’s Compensation Act 1923 applies:-
(a) to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour;
(b) to every contractor who employees or who employed on any day of the preceding twelve months twenty or more workmen:
Provided that the appropriate Government may, after giving not less than two months' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any establishment or contractor employing such number of workmen less than twenty as may be specified in the notification.

Raj Kumar Makkad (Expert) 22 September 2011
I do agree with Shah.

Sailesh Kumar Shah (Expert) 22 September 2011
but for employees labour laws can be appllied?

Ans. Employees are cover in definition of the Acts.

Guest (Expert) 24 September 2011
Agree with Shri Shailesh Kr. Shah.

M V Gupta (Expert) 24 September 2011
Unless the concerned State Govt grants exemption, all the laws mentioned by you would apply even to IT companies.

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