Professional Documents
Culture Documents
A Few Definitions
Who is Contractor: Person who undertakes to produce a
given result for the establishment, other than mere supply of goods or articles of manufacture through contract labourers directly or through sub-contractor, for any work of establishment.
Why we need Contract Labourer: There are several
fields of employment where it is not otherwise possible to have continuous employment as such, except the necessities of the situation, the Act has provided for continuation & thereby regulation of contract labour.
The establishments covered under the Act are required to be registered as principal employers with the appropriate authorities Every contractor is required to obtain a licence and not to undertake or execute any work through contract labour except under and in accordance with the licence issued in that behalf
Establishment Canteens, rest rooms and arrangements for sufficient supply of wholesome drinking water, latrines and urinals, washing facilities and first aid facilities (made obligatory) In cases of failure on the part of the contractor to provide these facilities, the Principal Employer is liable to provide the same.
Section 10
(a) The work is perennial and must go on from day to day; (b) The work is incidental to and necessary for the work of the factory; (c) The work is sufficient to employ considerable number of whole time workmen; and (d) The work is being done in most concerns through regular workmen.
DOs Timely payment of wages (by 7 day of following month). Witness of payment by your authorised/nominated officer and endorsement/certificate on wage sheet
Donts Issue any character/experience certificate to any contract labour. Allow to use your address in his correspondence. At the most he may write/show as client address.
Increase number of labours / induct new labours without justification and approval of state/regional head.
Obtain copy of Attendance & Wage sheet Issue any authorisation letter for any type of each month duly signed by the of job / entry into any other organization Contractor or his Authorised Manager with as rep of IOCL /your location seal. That Photo identity card issued to the contract labour must contain the name, address and signature of the contractor. Take authority letter from Contractor notifying name of his Manager/ Representative who will be supervising/making payment etc on his Behalf. Make any direct payment to contract labours and especially on imprest voucher.
DOs Obtain a copy of Income Tax details and Trade Licence. Obtain copy of Police Verification report of all Contract Labours. Always mention Regn number of location in all correspondence. All above mentioned Record to be kept in Original for last 3 years.
Dont s
generally compulsory in all the States. Registration should be applied for in the prescribed form alongwith the prescribed fee to the Chief Inspector. In case of new establishments, within 30 days from the date on which the establishment commences the work, a statement shall be sent to the Inspector concerned who on receipt of the same shall register the establishment in such manner.
Provisions
Statutes
Bombay Shops and Establishments Act 1948 Maharashtra Shops and Establishment Rules, 1961 Goa, Daman and Diu Shops and Establishments Act, 1973 Gujarat Shops and Establishments (Insurance) Act, 1980 Madhya Pradesh Shops and Establishments Act, 1958 Chhattisgarh Shops and Establishments Act. 1958
Registers
The Factories Act, 1948 Employee Muster Role Attendance Register Time card Register of accident and dangerous occurrences Register of adult workers Bound Inspection Book Register of overtime payments Register of factories. Record of lime washing and painting Particulars of rooms in the factory. Register of compensatory holidays Register of Leave with Wages The Payment Of Wages Act, 1936 Consolidated Register of Fines, Deductions and Advances. Register of wages Equal Remuneration Act, 1976 Details of workers in Form D CL(R&A) Act Register of contractors By Contractors Register of persons employed Muster roll Wage register or wage cum muster roll Wage slip Register of deductions Register of deductions Overtime register ESI Act, 1948 Employees Register of Contributions. Accident Register Inspection Book EPF&MP Act Contribution card Eligibility Register Provident Fund ledger Inspection Book
Datewise
January 15th
Form/ Rule
Refer Rules to
Return/ Compliance
To be sent to
Chief Inspector / Director or Competent Authority Authority
January 21st
Act, LMNO (Rule 16 Annual Return & payment Competent (1) details on 31st Dec under the Act.
January 30th
Concerned Licensing officer (ALC in our case) January 31st Concerned ESI Regional office February 1st Regional Labour Commissioner February 15th XXV [Rule 82 (2)] Annual Return by Concerned licensing Principal Employer officer ( ALC in our case) April 25th 3A/6A Annual Return Concerned Regional Officer May 12th 6 (Sec 44, Quadruplicate along with Concerned ESI office Regulation 26) challans. Monthly Return from scheduled bank along with cheque July 15th Factories Act, 1948 Refer to State Half yearly Return Chief Inspector / Director Rules or competent authority July 30th Contract Labour (R&A) XXIV Half-yearly Return by the ALC ( C ) Act, 1970 & Rules contractor October 31st Contract Labour (R&A) VII [Rule 29 (2)] Application by contractor ALC (C ) Act, 1970 & Rules for renewal of license th Employees State Insurance 6 (Sec 44 & November 12 Summary of contribution Concerned local office/ Act, 1948 & Rules Regulation 25 in quadruplicate challans. ESI Regional office
Contract Labour (R&A) Act, 1970 & Rules Employees State Insurance Act, 1948 & Rules Payment of Wages Act, 1936 Contract Labour (R&A) Act, 1970 & Rules Employees Provident Funds & MP Act, 1952 Employees State Insurance Act, 1948 & Rules
Half yearly Return by contractor (in duplicate) Annual information about factory Annual Return
Time limit Within 10 days from the date of appointment January 30 February 15 February 15 Before May 15th & Before 11th November
Act The Employees State Insurance Act, 1948 The Contract Labour (R&A) Act, 1970 The Contract Labour (R&A) Act, 1970 The Payment of Wages Act, 1936 The Employees State Insurance Act, 1948
Form/ Regulation
To be sent to ESI Regional office Assistant Labour Commissioner Assistant Labour Commissioner. Chief Inspector of Factories
1&3 Declaration Form & Return of (Regulation 11,12 Declaration &14) XXIV Half Yearly ReturnBy Contractor XXV Annual Return-By Principal Employer IV Annual Return 6 Summary of contributions quadruplicate, half yearly October to March and April September after the expiry contribution period. To submitted within 42 days Half Yearly Return Half Yearly Return: By Contractor
in in ESI Regional to Office. of be Chief Inspector of Factories Registering & Licensing Officer
The Factories Act The Contract Labour (R&A) Act, 1970 Insurance Act
35 XXIV 6
Return of contributions in ESI Regional quadruplicate from April to Office September to be submitted within 42 days
Thank You