Re:-contract labour act query
vicky arora
(Querist) 07 March 2014
This query is : Resolved
Case no. A.
Suppose, a company name xyz private ltd. (principal employer) entered into a service agreement with bcd private ltd.(contractor). In which bcd private ltd. is appointed as contractor for providing the following services (for e.g. supply of staff who will work as cook, office boy, peon and security guard at principal employer’s offices which are located at Haryana, Delhi, Noida, Ahmedabad & Bangalore). Total no. of staff is 53 who will work at principal employer’s offices (ie. Haryana branch office -35 employees, Delhi registered office -5 employees, Noida’s branch office -8 employees, Ahmedabad branch office- 3 employees & Bangalore branch office – 2 employees). Total no. of staff working with bcd private ltd. is 456. The principal employer & contractor are registered under “The Contract Labour (Regulation & Abolition) Act”, PF & ESIC and Shop & Establishment Act. The principal employer has a registered office at Delhi. The Contractor has a registered office at Gurgaon, Haryana.
Q.1. Whether contractor is liable to follow Minimum wage notification issued by Haryana State Government where it has registered office or Minimum wage notification issued by Haryana, Delhi, UP, Gujarat & Karnataka State Governments respectively where the principal employer has registered office and branch offices? (Moreover, contractor is registered under PF & ESIC have centralized registration no.).
Q2. Whether contractor is liable to maintain centralized or employer branch-wise- register of deductions, fines, advances, overtime & workmen etc.?
Case no. B (ref. to above case)
Xyz private ltd. (principal employer) is entered into another service agreement with def private ltd. (contractor). In which def private ltd. is appointed as contractor for providing the following service (for e.g. supply of staff who will work as security guard at principal employer’s office which is located at Delhi. Total no. of staff is 3 who will work at principal employer’s office (i.e. Delhi’s office). Total no. of staff working with def private ltd. is 44. The principal employer is registered under “The Contract Labour (Regulation & Abolition) Act”, PF & ESIC and Shop & Establishment Act. The contactor is registered under PF & ESIC. The principal employer & Contractor have a registered office at Delhi.
Q.1. Whether contractor is liable to follow Minimum wage notification issued by Delhi State Government where it has registered office even if employees are deployed at principal office is / are less than 20?
Q2. Whether contractor is liable to registered under The Contract Labour (Regulation & Abolition) Act & Shop & Establishment Act even if no. of employee deployed at principal office is less than 20?
Q3. Whether contractor is liable to maintain register of deductions, fines, advances, overtime & workmen etc. or not?
Guest
(Expert) 07 March 2014
Discuss real problems, if you have any. Question of supposing has no relevance.
