Labour record maintenence under labour acts

legal manager

Dear Experts,

Greetings of the Day!

Request you to Pls. give your advises on the following matter as soon as possible.

Our co. is a construction co. working in maharashtra. When we entered into a contract with any labour contractor, it is clearly mentioned under the agreement that to get registered under the labour acts, PF, ESIC, Labour record maintenance, taxation & other statutory compliances under the applicable laws are the responsibility of the contractor only & the co. is not liable for the same.

On 9th Oct. one labour officer visited our site & give a notice that we have not maintained the proper labour record & give us the time of 2 days (i.e. upto 11th Oct.)to furnish the same before him. He also says that co. has to pay some amt.as a penalty amt.

Our engineer at site who attended the labour officer try to convince the officer that as per the agreement, it is the responsibility of the labour contractor & the co. is not liable to pay the fine. But the Labour officer says that, even if it is written under the agreement, it is purely the duty of the co.

what steps should we taken? Is the co. liable to pay the fine or not?

Most of the labour contractors have not regd. with the labour office in the region?

Pls. advise.

 
Reply   
 

the labour Inspector is 100% correct. as per Indian labour law ;the principal employer is responsible for it. if you want may share the copy of notice received to me on veer1303@gmail.com ; so i can better advice u on this
 
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LEGAL COUNSEL

The obligation of the Principal Employer under the Contract Labour Act cannot be absolved by mere execution of the agreement with the contractor. The PE has to ensure that the Contractor has obtained PF Registration number and comply with the PF Act and other related acts. The Labour Inspector may require the PE to produce the Contractor's register and proof of PF remittance.

 

Vasudevan

 
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