Dear All,
We are a construction company working for a principal employer.When we started work last year we took a contract labour licence for our company and did registration of establishment for our principal employer under contract labour act(R&A) 1970 with Haryana labour deptt.As per the act ,the contract labour licence is valid for one year and need to be renewed every year.However there is no mention of renewal of Registration.When we applied for renewal of the licence,they raised the following objections:
1.The Registration is not renewed.
2/The principal employer as well as the contractor has not made contribution to the labour welfare fund(@Rs.15/-per worker per month)
To their first objection I am of the view that registration is only one time process and does not need renewal .
To their second objection,I am of the view that this contribution is only for companies falling under "Factory Act" and since we are a costruction company and registered under BOCW act also, we need not to contribute to this fund.
But I may Be wrong.You are all requested to come forward with your expert views on this
From India, Delhi
1We are a construction company working for a principal employer.When we started work last year we took a contract labour licence for our company and did registration of establishment for our principal employer under contract labour act(R&A) 1970 with Haryana labour deptt.As per the act ,the contract labour licence is valid for one year and need to be renewed every year.However there is no mention of renewal of Registration.When we applied for renewal of the licence,they raised the following objections:
1.The Registration is not renewed.
2/The principal employer as well as the contractor has not made contribution to the labour welfare fund(@Rs.15/-per worker per month)
To their first objection I am of the view that registration is only one time process and does not need renewal .
To their second objection,I am of the view that this contribution is only for companies falling under "Factory Act" and since we are a costruction company and registered under BOCW act also, we need not to contribute to this fund.
But I may Be wrong.You are all requested to come forward with your expert views on this
From India, Delhi
Dear Member,
You are right in saying that according to the Contract Labour (R&A) Act, 1970 & Haryana Rules we are not to renew the Registration Certificate but if there happens to be any change in the particulars specified in the R C then Principal Employer of the establishment shall intimate to the Registering Officer such change u/r 18(4) of the Haryana C L (R&A) Rules, 1975. Therefore, though taking of R C is one time process but we are to apply for amendment to the R O for instance if the period of Contract in R C is up to 2010 & if you apply for renewal for 2011 then the R O will ask you to produce the copy of amended R C.
Now coming to your second point relating to Punjab LWF Act, 1965 as applicable to State of Haryana it is submitted that the definition of the establishment runs as under:
‘ establishment’ means a factory and includes any premises including the precincts thereof wherein and in any part of which any industry within the meaning of clause (j) of section 2 of the Industrial Disputes Act,1947(Act 14 of 1947), is carried on and also includes a shop or a commercial establishment within the meaning of the Punjab Shops and Commercial Establishment Act, 1958 (Punjab Act 15 of 1958), in which, on any day, ten or more employees are employed or were employed during the preceding twelve months.
In my opinion your construction industry is covered under the definition of the ‘industry’ under the Industrial Disputes Act, 1947 & hence your work is also covered under the definition of the establishment under the Punjab LWF Act, 1965 which requires deduction of LWFC from the employee & deposit of this amount with the contribution of the employer with the HLWB. As you are also covered under the BOCW Act, 1966 here we also find a provision relating to membership which of course with certain conditions. For details one can go through Rule 28(section12) of Haryana BOCW (RE&CS) Rules, 2005 regarding membership of the building workers.
Opinion submitted as requested.
R.N.Khola
From India, Delhi
You are right in saying that according to the Contract Labour (R&A) Act, 1970 & Haryana Rules we are not to renew the Registration Certificate but if there happens to be any change in the particulars specified in the R C then Principal Employer of the establishment shall intimate to the Registering Officer such change u/r 18(4) of the Haryana C L (R&A) Rules, 1975. Therefore, though taking of R C is one time process but we are to apply for amendment to the R O for instance if the period of Contract in R C is up to 2010 & if you apply for renewal for 2011 then the R O will ask you to produce the copy of amended R C.
Now coming to your second point relating to Punjab LWF Act, 1965 as applicable to State of Haryana it is submitted that the definition of the establishment runs as under:
‘ establishment’ means a factory and includes any premises including the precincts thereof wherein and in any part of which any industry within the meaning of clause (j) of section 2 of the Industrial Disputes Act,1947(Act 14 of 1947), is carried on and also includes a shop or a commercial establishment within the meaning of the Punjab Shops and Commercial Establishment Act, 1958 (Punjab Act 15 of 1958), in which, on any day, ten or more employees are employed or were employed during the preceding twelve months.
In my opinion your construction industry is covered under the definition of the ‘industry’ under the Industrial Disputes Act, 1947 & hence your work is also covered under the definition of the establishment under the Punjab LWF Act, 1965 which requires deduction of LWFC from the employee & deposit of this amount with the contribution of the employer with the HLWB. As you are also covered under the BOCW Act, 1966 here we also find a provision relating to membership which of course with certain conditions. For details one can go through Rule 28(section12) of Haryana BOCW (RE&CS) Rules, 2005 regarding membership of the building workers.
Opinion submitted as requested.
R.N.Khola
From India, Delhi
khola ji is absoulty right .you can made the lwf contribution now.firstly submit lwf contribution & go for next step. regards om yadav 9891440111 8800905666
From India, Delhi
From India, Delhi
Dear Jitendar
As advised by Mr. R.N. Khola, only the Lincence is required to be renewed.
For any registration there is no question of renewal arises.
Registration of Establishment under Contract Labour Act and Registration of construction site under BOCW Act does not require any renewal procedure.
The Objection raised by your authority is as like collection of some important document shown in Kamal Hasan's Film Hindustani.
In case of Labour Welfare Fund it should be paid as per No of workmen worked during the entire year (maximum numbers in any one day of the year). and BOCWW Cess is paid as per the contract value or Total cost of work done in the year (Minimum 1 % and Maximum of 2% as fixed by the concerned State Government).
Further more one more aspect is there in BOCW Registration. i.e., The construction workers whoever worked more than 4 months in a construction company has to get registered as Construction worker and they will be issued with a Construction ID Card by concerned Authority. For registered Construction worker Govt is giving some benefits like free treatment, Insurance cover, accidental death benefit and other so called facilities.
You can take correct advise from Mr. R.N. Khola regarding the current requisites about Haryana Rules.
From India, Kumbakonam
As advised by Mr. R.N. Khola, only the Lincence is required to be renewed.
For any registration there is no question of renewal arises.
Registration of Establishment under Contract Labour Act and Registration of construction site under BOCW Act does not require any renewal procedure.
The Objection raised by your authority is as like collection of some important document shown in Kamal Hasan's Film Hindustani.
In case of Labour Welfare Fund it should be paid as per No of workmen worked during the entire year (maximum numbers in any one day of the year). and BOCWW Cess is paid as per the contract value or Total cost of work done in the year (Minimum 1 % and Maximum of 2% as fixed by the concerned State Government).
Further more one more aspect is there in BOCW Registration. i.e., The construction workers whoever worked more than 4 months in a construction company has to get registered as Construction worker and they will be issued with a Construction ID Card by concerned Authority. For registered Construction worker Govt is giving some benefits like free treatment, Insurance cover, accidental death benefit and other so called facilities.
You can take correct advise from Mr. R.N. Khola regarding the current requisites about Haryana Rules.
From India, Kumbakonam
Thanks Mr. Khola and Mr. Bhaskar for your valuable advice
Unfortunately this labour officer is not ready to listen and adamant on renewal as ,as per him, the RC has got a mention of UP TO date.As you can't argue much, so I am going for renewal
Best Regards
jitender
From India, Delhi
Unfortunately this labour officer is not ready to listen and adamant on renewal as ,as per him, the RC has got a mention of UP TO date.As you can't argue much, so I am going for renewal
Best Regards
jitender
From India, Delhi
Can you please suggest me what are the document require in construction industry when we renew labour license.
From India, Delhi
From India, Delhi
Dear Abhijeet
You can attach the following documents
1. Labour Licence in Origibnal
2. Application in Form VII (In Duplicate)
3. License Fee paid Challan in appropriate Treasury
4. Work Order / Letter of Indent issued by PE for extended period of contract.
5. Joint Undertaking for payment of Minimum Wages by PE &Contractor (Some States are asking for this Undertaking).
From India, Kumbakonam
You can attach the following documents
1. Labour Licence in Origibnal
2. Application in Form VII (In Duplicate)
3. License Fee paid Challan in appropriate Treasury
4. Work Order / Letter of Indent issued by PE for extended period of contract.
5. Joint Undertaking for payment of Minimum Wages by PE &Contractor (Some States are asking for this Undertaking).
From India, Kumbakonam
Dear seniors and Colleagues If any contractor is not complying with Labour License renewal after November .What should be the stand of PE. If PE extends their work after January. Regards Soubhik
From India, Kolkata
From India, Kolkata
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