Dear Saswata
As a matter of fact, if you are employing the other state worker who is already residing at the same state then you need not to adopt the ISMW Act. (A (Orissa worker), settled in Tamilnadu employed in X organisation in Tamilnadu, then the X organisation need not to have the ISMW Act. But if the X having the licence for Recruitment at Orissa and engage the worker in Tamilnadu, then the Organisation engaging the Orissa worker must get the ISMW Licence).
Hope you understood the concept. If "A" holding some address proof in Tamilnadu then eventhough he is from Orissa, X need not to follow the ISMW Act. While engaging the other state worker, you can insist the worker to submit address proof of the state where they are getting engaged.
From India, Kumbakonam
1165As a matter of fact, if you are employing the other state worker who is already residing at the same state then you need not to adopt the ISMW Act. (A (Orissa worker), settled in Tamilnadu employed in X organisation in Tamilnadu, then the X organisation need not to have the ISMW Act. But if the X having the licence for Recruitment at Orissa and engage the worker in Tamilnadu, then the Organisation engaging the Orissa worker must get the ISMW Licence).
Hope you understood the concept. If "A" holding some address proof in Tamilnadu then eventhough he is from Orissa, X need not to follow the ISMW Act. While engaging the other state worker, you can insist the worker to submit address proof of the state where they are getting engaged.
From India, Kumbakonam
I think what the OP was saying was something was different. I am still waiting for him to clarify
However, with reference to what you pointed out, I agree with the first part. But even if he is not residing in that state, but he comes on his own to that state and gets a job, ISMW act will not apply. The question is then, what is adequate documentation. We insist that there must be documentation to show that the person was interviewed and given appointment in the state where the unit is located. For this, the contractor must keep adequate documentation of interviews and basis of selection. This must be done not only for the ISMW but for all otherwise it will be assumed that the documentation is fake since it's created only for ISMW.
I will add this point of address proof to our checklist / conditions, But then we need to ensure that he was domiciled there prior to recruitment date. Else if there is no date on address proof, we will be back to square 1
From India, Mumbai
However, with reference to what you pointed out, I agree with the first part. But even if he is not residing in that state, but he comes on his own to that state and gets a job, ISMW act will not apply. The question is then, what is adequate documentation. We insist that there must be documentation to show that the person was interviewed and given appointment in the state where the unit is located. For this, the contractor must keep adequate documentation of interviews and basis of selection. This must be done not only for the ISMW but for all otherwise it will be assumed that the documentation is fake since it's created only for ISMW.
I will add this point of address proof to our checklist / conditions, But then we need to ensure that he was domiciled there prior to recruitment date. Else if there is no date on address proof, we will be back to square 1
From India, Mumbai
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