Parveen Syed
(Querist) 01 December 2012
This query is : Resolved
My company giving a contract for supplying manpower for day to day office work and plant work (Field Work) with a condition to submit the Workmen Compensation policy with joint name of Contractor and Our Company. Contractor submitted the policy with his name only and saying that there no requirement of joint name. 1) My question is that if in case of any claim or if contractor not settle the case with insurance company or runaway and leave the contract then is my company is in position to ask the claim to insurance company being a principal employer (without the joint name on policy). 2) My second query is that if contractor provide a workmen compensation policy with his name and with his subsidiary company what rights will have my company in case of any damage/accident.
Guest
(Expert) 01 December 2012
Your long query lacks with a very basic information, whether the contractor is supposed to supply manpower to your company, or both the contractor and your company are jointly supposed to supply manpower to other companies?
Raj Kumar Makkad
(Expert) 02 December 2012
1. Your company being Principal employer is liable to fulfil the requirement of contract.
2. Your company shall get rid of any future liability in case of damage or loss to any workman engaged by contractor.
Parveen Syed
(Querist) 03 December 2012
Thanks for attending my query. Yes the Contractor is supplying the manpower to assists our officers and Engineers. My company is not supplying any manpower to other companies we are a manufacturing company. My core is question is that joint name of my company and contractor on WC policy makes any difference for getting any claim from insurance company for any worker if case contractor is defaulter.
Guest
(Expert) 03 December 2012
If the contactor is a supplier of manpower to your company, the workmen compensation policy will be with his name and not with the name of your company, which your company, as a principal employer, will have to see whether that complies with the insurance company's terms and also is in consonance with the prevalant labour laws. However, as a principal employer, your company has to assure compliance of the WC policy by the contractor in the case of need. So, whatever provisions you have to make are to be made in the company's agreement with the contractor.
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