Dear Sir,
As per my knowledge, The Principal Employor i.e. the firm must have registration certificate to carry out their business as well as Registration certificate under CL(R&A)Act to engage contract labourers for their work. So the PE(Principal Employor) can give certificate in form V after getting request letter in form IV of the CL(R&A)Act to engage contract workers in their firm.
to undergo some public dealings, second they must give you a certificate to engage contract labour under shops and
From India
As per my knowledge, The Principal Employor i.e. the firm must have registration certificate to carry out their business as well as Registration certificate under CL(R&A)Act to engage contract labourers for their work. So the PE(Principal Employor) can give certificate in form V after getting request letter in form IV of the CL(R&A)Act to engage contract workers in their firm.
to undergo some public dealings, second they must give you a certificate to engage contract labour under shops and
From India
Dear Mr. Rao I agree with all the reply by Mr. JS Malik. Ultimately all the responsibilities is on Principal Employer. Kind Regards PradeepKhera
From India, Delhi
From India, Delhi
one thing i'm not able to understand that if Co. X is already duly registered as in the case with big companies like NTPC, L&T, BHEL, RIL, GAIL etc. and some contract labour/technicians are to be engaged through contractor for carrying out labour intensive/routine/manual jobs then what will be the responsibilities of these cos towards ESIC,PF for contract employees. As employees on the pay roll of these big cos. are covered and infact in better position than with the case with ESIC, PF Act etc and therefore no need of ESIC and PF coverage for regular employees of these Cos. Now cos. of these kind if entered into contract with contractor and signed an indemnity bond regarding ESIC,Minimum Wages, Contract Labour Act etc for employees of contractor, then from my conviction responsibilities lies with contractor to comply all the statutry/legal obligations. While Cos. have to ensure that these acts are fully complied by contractor while finalizing the bills of contractor for rendering services.
I think this practice is being followed in several of big PSUs including mine.
Pls correct me if i'm wrong.
NOTE: PLS NOTE THAT IN PSUs ON THE BASIS OF ALL INDIA TENDERING BIDS ARE INVITED FROM PROSPECTIVE BIDDERS FOR CARRYING OUT THESE TYPES OF JOBS IN FACTORIES/PLANTS/UNITS/STATIONS ETC.WHILE CONTRACTORS ARE FULLY AWARE OF THE LEGAL/STATUTORY OBLIGATIONS AND THEREFORE QUOTE IN THE TENDER PROCESS BY INCLUDING ALL SUCH EXPENCES.INDEMNITY BONDS ARE SIGNED DURING AWARD OF CONTRACT TO LOWEST BIDDER.
From India, Calcutta
1I think this practice is being followed in several of big PSUs including mine.
Pls correct me if i'm wrong.
NOTE: PLS NOTE THAT IN PSUs ON THE BASIS OF ALL INDIA TENDERING BIDS ARE INVITED FROM PROSPECTIVE BIDDERS FOR CARRYING OUT THESE TYPES OF JOBS IN FACTORIES/PLANTS/UNITS/STATIONS ETC.WHILE CONTRACTORS ARE FULLY AWARE OF THE LEGAL/STATUTORY OBLIGATIONS AND THEREFORE QUOTE IN THE TENDER PROCESS BY INCLUDING ALL SUCH EXPENCES.INDEMNITY BONDS ARE SIGNED DURING AWARD OF CONTRACT TO LOWEST BIDDER.
From India, Calcutta
Dear all,
As far as my knowledge the C.A. firm can not maintain records of any compnay they can only check the records and give their certificates to the company. If they will provide this kind of service their licence will be cancelled. As far as the liability is concern it is totally on Principal employer.
with regards
shish uniyal
From India, New Delhi
As far as my knowledge the C.A. firm can not maintain records of any compnay they can only check the records and give their certificates to the company. If they will provide this kind of service their licence will be cancelled. As far as the liability is concern it is totally on Principal employer.
with regards
shish uniyal
From India, New Delhi
Dear K Venkata Rao
The Principal Employer has to ascertain first whether the immediate employer (contractor) is complying with the statutory requirements under various social security acts. Here the principal employer apparently has made a mistake by not verifying the relevant registration details from the contractor before awarding the contract. EPF and ESI acts are two sides of one coin and hence the applicability of both the acts comes from the day one of the contract (in case of the principal employer under reference). The principal employer here has no choice but to force the contractor to apply for ESI registration from the date of the contract or from the date his own employee strength exceeded twenty (20) whichever is earlier. It is a matter of serious concern now. If the contractor is not willing, the contract should immediately be terminated.
Satyen
0 94330 12658
From India, Calcutta
The Principal Employer has to ascertain first whether the immediate employer (contractor) is complying with the statutory requirements under various social security acts. Here the principal employer apparently has made a mistake by not verifying the relevant registration details from the contractor before awarding the contract. EPF and ESI acts are two sides of one coin and hence the applicability of both the acts comes from the day one of the contract (in case of the principal employer under reference). The principal employer here has no choice but to force the contractor to apply for ESI registration from the date of the contract or from the date his own employee strength exceeded twenty (20) whichever is earlier. It is a matter of serious concern now. If the contractor is not willing, the contract should immediately be terminated.
Satyen
0 94330 12658
From India, Calcutta
hii,
We are a chartered accountant firm, and engaged in accounting only, and we have around 18 employees working with us, Is our company will be liable for ESI??? need some information on this please help me.
Regards,
Pooja
From India, Bangalore
We are a chartered accountant firm, and engaged in accounting only, and we have around 18 employees working with us, Is our company will be liable for ESI??? need some information on this please help me.
Regards,
Pooja
From India, Bangalore
Hi
The concept of labour welfare should be considered by the principal employer while engaging any organisation to supply manpower for undertaking services to be rendered to the principal employer. In the case referred here, the principal employer will be held responsible if the immediate employer does not or cannot perform his responsibility as immediate employer.
Regards
Satyen
From India, Calcutta
The concept of labour welfare should be considered by the principal employer while engaging any organisation to supply manpower for undertaking services to be rendered to the principal employer. In the case referred here, the principal employer will be held responsible if the immediate employer does not or cannot perform his responsibility as immediate employer.
Regards
Satyen
From India, Calcutta
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