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APPLICABILITY OF ISMW ACT 1979 LICENCE - labours are coming from different states for work spontaneously - CiteHR

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rao.shyamprasad@gmail.com
Good evening all experts, I have a query pl.clarify: I am working in a PSU construction sector. Construction works are being done through various major civil contractors. labours are coming from different states for work spontaneously as they are getting daily wage job easily through various contractors. Here contractors not going any state for labour recruitment. We are being a principal employer have taken ISMW registration from RLC central. But contractors are not taking license under ISMW , they are giving justification that it is not applicable to them as they not going any state for any contract/recruitment. As such kindly suggest whether ISMW Act is applicable here to them or need not to take license under the said Act?
From India, Faridabad
KK!HR
1422

The ISMW Act applies to every contractor who employs or who employed five or more inter-State migrant workmen (whether or not in addition to other workmen) on any day of the preceding twelve months. If the contractor is not having at least 5 migrant workers, there is no need for license.
You may satisfy yourself on the claim of the contractor before agreeing to this contention of the contractor.

From India, Mumbai
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