Urgent - Worker Compensation Liability
Ashish Sharma
(Querist) 07 July 2011
This query is : Resolved
Dear team members,
We have taken the labour license under CLRA Act for 100 workers.
Our workers strength : 50 no.
Wherein Our sub -contractor (Rama Enterprises) workers strength : 30 worker, not having labour license
and another sub-contractor ( KTG Infratech Pvt Ltd )manpower strength is : 20 workers, also not having labour license.
and the workers of KTG Infratech Pvt Ltd, fall from the 10th floor, due to safety lapse & declared dead, after admitting hospital.
Then, in the absence of Labour License, who will be resposible for Employee compensation & what documents need to be submitted to Labour Office.
and in the absence of Labour La
Please do the needful.
A.K
Kirti Kar Tripathi
(Expert) 08 July 2011
In that event liability is the employer under which control, the deceased was working, if the contract between Contractor and sub-contract so provides. but since job was under the contractor having license under contract labour (regulation & Abolition) Act. Thus legality it has to be paid by either contractor, who have license or of principal employer but both have right to indemnify the amount from the sub-contractor under whom, the deceased was working.
K.S.Srinivas
(Expert) 08 July 2011
The subcontractor or contractor should pay the compensation to the contract worker. In case they fail to make the payment of compensation to the worker, then it is definitely obligation on the part of the principal employer to make the payment of compensation.
