Hi,
I am finance Manager and want to know if the contractor has not pay the bonus amount to employees. company will face any legal issues. company has paid all compension to labour contractor.
Regards
Mahendra yewale
Mahendra Yewale 26 June 2018
Hi,
I am finance Manager and want to know if the contractor has not pay the bonus amount to employees. company will face any legal issues. company has paid all compension to labour contractor.
Regards
Mahendra yewale
R.Ramachandran (Advocate) 26 June 2018
As a Principal Employer, the Company has responsibility and liability.
If you have already paid the amount to the contractor, then ask the contractor to produce proof that he has made payments to the workers. Otherwise, stop further payments to him.
In fact you are liable to ensure that he properly remits the EPF amounts etc. with the authorities.
Pradipta Nath (Advocate) 26 June 2018
It is always the principal employer's responsibility to see that the contractual workmen are getting the statutory benefits. That is reason why many principal employers engage Labour Law Auditors in their Company to minimizing the legal risk. If you have not engage any Statutory Audit System in your Company till now, please ensure it is right now before you trapped into unnecessary legal hackles.
Mahendra Yewale 26 June 2018
Ok, thanks for info.
May I get any rule or notification related to this to show management.
Best regards
Mahendra Yewale
Pradipta Nath (Advocate) 26 June 2018
Section 21(2) and (4) of the CLRA Act and Section 2(13) of the Payment of Bonus Act.
Kumar Doab (FIN) 26 June 2018
You may also relate with agreemenrt signed with Contractor and payments made..
Press the contractor to pay.
Kumar Doab (FIN) 26 June 2018
Such queries have been discussed in many threads that you can seacrh in SEARCH option and relate with extent facts of your matter...
e.g;
https://www.lawyersclubindia.com/forum/Contractor-payment-of-bonus-amp-gratuity-135703.asp
Mahendra Yewale 28 June 2018
Ok, Thank you.
Sudhir Kumar, Advocate (Advocate) 28 June 2018
is the contractor depositing dues in PF and ESI as well.
V. VASUDEVAN (LEGAL COUNSEL) 08 October 2018
The employees engaged through the contract labour as covered under the Contract Labour (Regulation & Abolition) Act will not be entitled to bonus from the principal employer. In Cominco Binani Zinc Ltd. v. Pappachan, 1989 (1) LLJ 452: 1989 LLR 123, the Kerala High Court has held that neither the Contract Labour (R&A) Act nor the Payment of Bonus Act provides that the employees engaged through the contractor will be entitled to bonus under the Payment of Bonus Act.
Stephannie 13 June 2019
This was really helpful.
Thank you