What are the in-built safeguards provided in section 10 to prevent the appropriate Government from misusing or abusing its power or exercising its power arbitrarily?

Posted On & filed under .

The power vested under section 10 in the appropriate Government to prohibit employment of contract labour in any process, operation or other work in any establishment has to be exercised in the manner indicated in the provisions of subsection (1) and (2) of that section; i.e., after prior consultation with the Advisory Board and after… Read more »

What is the effect of not obtaining registration under section 7 or of revocation of registration under section 8?

Posted On & filed under .

The principal employer of an establishment who has not obtained the required registration under section 7 or whose registration has been revoked under section 8 is prohibited from employing any contract labour in his establishment Section 9. Labour laws in India are complicated and not at all easy to understand, especially, for those who are not… Read more »

What is the procedure for getting an establishment registered under the contract labour Act 2000?

Posted On & filed under .

Procedure for getting an establishment registered under the contract labour Act 2000 –  if the Act applicable to an establishment the principal employer of the establishment has to make an application in the prescribed form accompanied by prescribed fees to the Registering Officer for registration of the establishment under the Act if the application is… Read more »

What is meant by work of an intermittent nature?

Posted On & filed under .

Work is deemed to be of an intermittent nature – If it is of a seasonal character and is performed for not more than 60 days in a year, or In other cases if it was performed for not more than 120 days in the preceding 12 months according of Section 1(5). Coverage mean – Employees’… Read more »

What is the effect of a principal employer employing contract labour without holding a certificate of registration and a contractor also not holding a license?

Posted On & filed under .

Every worker who works for a principal employer to whom the provisions of the Contract Labour Act are attracted is to be treated as the worker of the principal employer unless it is satisfied that the establishment has secured a certificate of registration for the relevant period under section 7 and it had employed contract… Read more »

What emoluments constitute wages for calculation of PF contribution as above?

Posted On & filed under .

All emoluments including Basic pay, dearness allowance and cash value of food concession. Allowances such as House rent allowance, Traveling allowance and Overtime allowance paid, over and above minimum wages applicable to the establishment, as per pay structure of the establishment can be excluded from the calculation. It may be noted that no such bifurcation… Read more »

What should an employer do on receipt of the coverage notice?

Posted On & filed under .

An employer is required to submit initial returns within 15 days from the date of receipt of coverage notice. The employer is also required to remit the contribution from the date of coverage to the month prior to the date of issue of coverage notice within 15 days of receipt of the notice. The employer… Read more »

What does the coverage mean?

Posted On & filed under .

Employees’ Provident Fund Organisation (EPFO) is managing three Schemes viz., EPF Scheme 1952, EPS 1995 and EDLI Scheme 1976. Coverage under the EPF Act means simultaneous coverage under all three Schemes, unless exemption is granted from a particular scheme. The date on which the establishment is brought under the coverage of EPF &MP Act and… Read more »

Is a sub contractor supposed to take License?

Posted On & filed under .

If principal employer endorses the name of sub contractor in the agreement, after having Form V from principal employer, a sub contractor is requested to take License.