state government out sourcing
raj
(Querist) 12 December 2010
This query is : Resolved
I have seen in state governments that they hire some staff from out sourcing like security guards, peon, safai wala, computer operator etc. in some places they are hire for 11 months contract. I want to know how many labour laws should applied to them. are they eligible for P.F, ESI, BONUS, etc.
if labour contract doesn't follow any rules than what's the procedure?
Praveen Kumar Tewari
(Expert) 12 December 2010
1. Industrial disputes act 1947.
2. Payment of Wages Act 1936
3. Minimum Wages 1948
4. C.L.R.A. Act
5. E.S.I. Act
6. P.F. Act
7. Factory Act
8. Bonus Act are applicable.
If C.L.R.A. not followed the all above acts are applicable on the establishment.
raj
(Querist) 13 December 2010
What is C.L.R.A . suppose a state government office invite tender for outsourcing for security guards for 11 months contract. how many laws are applicable ?
Praveen Kumar Tewari
(Expert) 13 December 2010
C.L.R.A. is Contract Labor Regulation & Abolition Act. Above Acts are applicable on contractor and principle employer/ state goverment. If contractor not follows the above acts the liability goes on principle employer.
Ahmed Daud Girach
(Expert) 15 December 2010
In the Government and PSU before issuing Tenders there is a procedure to take HR clearance and IRO or PO will see that the tender contains necessary Labour law clauses in spite of that with connivance of government officer and officer of Labour department these Acts are simply avoided.In many departments at the time of bill payment also it is checked whether licence is there(not necessary for less than 10-but compliance to law is necessary)whether PF is deducted whether insurance is taken of employee?
The procedure is simple contractor should be given notice that work will not be allowed,bill will not be passed and no bills should be passed unless compliance is coming forth.
