Aditya Mudgal
11 December 2008 at 17:32
Dear Experts,
If there is a clause in a contract where the principal employer frees himself from all responsibilities as far as labour law is concerned and places the responsibility on the contractor, will it free itself from any liability arising thereon. Examine the following clause:
"Service Provider shall ensure that the workmen employed shall not raise any industrial dispute, either directly or indirectly with or against Company in respect of their service conditions or otherwise."
Now, the CLRA states that
20. LIABILITY OF PRINCIPAL EMPLOYER IN CERTAIN CASES. - (1) If any amenity required to be provided under section 16, section 17, section 18 or section 19 for the benefit of the contract labour employed in an establishment is not provided by the contractor within the time prescribed therefore, such amenity shall be provided by the principal employer within such time as may be prescribed.
(2) All expenses incurred by the principal employer in providing the amenity may be recovered by the principal employer from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt by the contractor.
&
23. CONTRAVENTION OF PROVISIONS REGARDING EMPLOYMENT OF CONTRACT LABOUR. - Whoever contravenes any provision of this Act or of any rules made there under prohibiting, restricting or regulating the employment of contract labour, or contravenes any condition of a license granted under this Act, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both, and in the case of a continuing contravention with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention.
Can this clause mentioned above absolve the PE from liability?
Basically, can a contractual agreement transfer statutory liability to another?
Thanks
anu
11 December 2008 at 16:54
I am working in Multinational Company in noida as a software engineer in India.I joined on 25th August 2008. There is a bond with the company of Rs. 1 Lacs for two year working with them.Its a one way bond i.e. only from my side to the company . But due to some reason i would like to leave the company before two years,is it necessary to fill that bond of Rs. 1Lacs? Tell me tha way i.e. i should not fill that bond.
Please reply
aneeta.hbti@gmail.com
Manjit
11 December 2008 at 14:13
In a case before us one Mr.A gave a bribe to Mr.B on behalf of MR.C.We have decided to initiate disciplinary actions against MR.A and Mr.C.In this case Mr.B would be a be our managements witness in both the chargesheet.My query is whether i should cite MrA as managements witness to the chargesheet issued to Mr C and vice-versa?How should inquiry officer prove the charges i.e whether he should call Mr A as management witness in case of Mr C and vice versa.What if both turn hostile/protect each other.NOTE:Mr B has already filed FIR.
Manjit
11 December 2008 at 13:47
In case the main contractor gives the work to a sub-contractor then in that case whether i am supposed to give Form-V to (1) only main contractor or to(2)only sub contractor or to (3)both of them.Are there any case laws on this issue.
Aditya Mudgal
09 December 2008 at 12:06
Dear All,
What are the various guidelines to be followed when one wants to engage contract labour? What all labour laws are to be complied with? Are there any risks involved? Does anyone have any checklist for the various documents required etc?
We are in the process of increasing output but cannot afford to take full time employees.. Please advise.. Much appreciated..
Thank you
Keshav Kumar Saxena
09 December 2008 at 10:18
Dear Sir,
I have been working in a Limited company governed with company act for more than one and half year period. Company has not providing me an appointment letter till yet. Although company acknowledge my appointment by providing me salary account in bank, issuing me salary certificate etc. I have been treating in the same way as the other permanent employees are being treated. Please tell me what should I do to get the appointment letter ?
jayanttelang
08 December 2008 at 21:43
Dear Mr Harbhajansingh ji,in my case,while my domestic inquiry is being going on, since Feb 2008,my Union submitted an application to the ALC at my city,regarding following points;
Delinquent employee(My self)is not satisfied with domistic inquiry due to some objectional points like,employer does not provide certified standing orders,
Expenses/some amount are being held by management without any reasonable cause,
management makes a barrier in the way of my defence Representative (co-emplyee)& pressurise him for not attending the Inquiry,
and some other reasons are being submitted to ALC,he accepted unoin's application and call to management for hearing but nobody attended the date of hearing,since long back,
Now management submitted an application for writ to High court of Gujrat,against me,ALC and Labour Commissioner Indore,for not intervening in the domestic inquiry,HC Set a date of hearing,
Management has given a reference wherein a Medical Representative is not being treated as a workman?
Kindly help me what to do?
do you have any references in which MR is being treated as workman and any Labour Court/High Court has been given their decisions in favour of or against of Medical Representative.
kindly reply soon as early as possible.thanks
Keshav Kumar Saxena
06 December 2008 at 16:39
Please tell the maximum period for issuing appointment letter to the employee from the Limited Company if the employee is working since one and half year regularly as permanent employee ?
Keshav Kumar Saxena
06 December 2008 at 16:34
Is it necessary to give bonus to his employees if the company is limited company ?
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Payment of legal dues within one month of closure
Respected Experts,
I have filed a complaint of unfair labour practice against the Company at Bombay Industrial Court on closure of the company praying for interim relief to make the payment of legal dues within one month. The Hon'ble court raised a query about its power/authority to pass such order directing the Respondent to pay the dues within one month and directed me to submit case law on the point. The Hon'ble Court is very much concerned about the time period of payment and expressed its inability to pass such order in the absence of any case law. I will be greatful if anyone provide me with case law to this pont.
Thanks in advance!