Regarding contract workers law
Mrs.Ramya.K
(Querist) 10 June 2017
This query is : Resolved
My known lady working in South Central Railway,Secunderabad as contract worker(housekeeping). She is working for the Past 5 years. Her nature of duties is to clean Platform. She is working in biggest Organisation India, not having ESI & PF. But contractor is deducting PF & ESI from Her salary. But still not received any PF number and ESI Card. If she asks them they are giving warning to her. Even railway officials are not enquiring about this. even she is not receiving salary in time(every month 20th).
My question is to whom she give complaint? pl give me your advise. so that 500 people will get justice.
Dr J C Vashista
(Expert) 11 June 2017
Write to the Contractor, Labour Commissioner Secundrabad as well as General Manager Indian Railways.
P. Venu
(Expert) 11 June 2017
You can file a PIL in the High Court/Supreme Court. But make sure that you have the requisite information which could be obtained under the RTI Act.
Kumar Doab
(Expert) 11 June 2017
Are employees getting salary slip?
Is deduction shown in these?
Kumar Doab
(Expert) 11 June 2017
THE CONTRACT LABOUR (REGULATION AND ABOLITION) CENTRAL RULES, 19711
78. Muster Roll, Wages Registers, Deduction Register and Overtime Register.—1 [(l) (a) Every contractor shall in respect of each work on which he engages contract labour,— (i) maintain a Muster Roll and a Register of Wages in Form XVI and Form XVII respectively:
(c) Every contractor shall obtain the signature or thumb impression of the worker concerned against the entries relating to him on the Register of Wages or Muster Roll-cum-Wages Register, as the case may be, and the entries shall be authenticated by the initials of the contractor or his authorised representative and shall also be duly certified by the authorised representative of the principal employer in the manner provided in rule 73.
(d) In respect of establishments which are governed by the Payment of Wages Act, 1936 (4 of 1936) and the rules made thereunder, or Minimum Wages Act, 1948 (11 of 1948) or the rules made thereunder, the following registers and records required to be maintained by a contractor as employer under those Acts and the rules made thereunder shall be deemed to be register and records to be maintained by the contractor under these rules, namely:—
(a) Muster Roll; (b) Register of Wages; (c) Register of Deductions; (d) Register of Overtime; (e) Register of Fines; (f) Register of Advances;
(g) Wage slip;
https://hrylabour.gov.in/staticdocs/labourActpdfdocs/Contract_Labour_Central_Rules.pdf
Kumar Doab
(Expert) 11 June 2017
26. Form of registers and records.
(2) A wage slip in Form XI shall be issued by every employer to every person employed by him at least a day prior to the disbursement of wages.
(3) Every employer shall get the signature or thumb-impression of every person employed on the 1 {register of wages} and wage slip. (4) Entries in the 1 {register of wages} and wages slips shall be a authenticated by the employer or any person authorized by him in this behalf.
4 {26A. Preservation of registers A register required to be maintained under rules 21(4), 25(2) and 26(1) and 5 {the muster roll required to be maintained under rule 26(5)} shall be preserved for a period of three years after the date of last entry made therein.}
http://labour.nic.in/sites/default/files/TheMinimumWages_Central_Rules1950_0.pdf
Kumar Doab
(Expert) 11 June 2017
THE MINIMUM WAGES ACT, 1948
18. Maintenance of registers and records.- (1) Every employer shall maintain such registers and records giving such particulars of employees employed by him, the work performed by them,
the wages paid to them, the receipts given by them
and such other particulars and in such form as may be prescribed.
(3) The appropriate Government may, by rules made under this Act, provide for the issue of wage books or wage slips to employees employed in any scheduled employment in respect of which minimum rates of wages have been fixed and prescribe the manner in which entries shall be made and authenticated in such
wage books or wage slips by the employer
or his agent.
http://www.labour.nic.in/sites/default/files/TheMinimumWagesAct1948_0.pdf
Kumar Doab
(Expert) 11 June 2017
Payment of Wages Act;13A,
4 [13A. Maintenance of registers and records.— (1) Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from their wages,
the receipts given by them
and such other particulars and in such form as may be prescribed.
(2) Every register and record required to be maintained under this section shall, for the purposes of this Act, be preserved for a period of three years after the date of the last entry made therein.]
http://labour.nic.in/sites/default/files/ThePaymentofWagesAct1936.pdf
Kumar Doab
(Expert) 11 June 2017
GO thru:
http://www.lawyersclubindia.com/experts/Salary-slip-642771.asp
Kumar Doab
(Expert) 11 June 2017
GO thru:
http://www.lawyersclubindia.com/experts/Salary-slip-642771.asp
and link mentioned in it;
http://labour.gov.in/sites/default/files/Annexure/Annexure-B.pdf
Kumar Doab
(Expert) 11 June 2017
ESI Act,1948 and General regulations 1950; Register of Employees in Form6
Kumar Doab
(Expert) 11 June 2017
THE CONTRACT LABOUR (REGULATION AND ABOLITION) CENTRAL RULES, 19711
is also described in above mentioned link(s).
Kumar Doab
(Expert) 11 June 2017
Dear LCI Author @Mrs.Ramya.K,
1st thing 1st:
generate irrefutable evidence of threats, exploitation, coercion etc etc .............
Kumar Doab
(Expert) 11 June 2017
Try to unite all affected employees.
If workable involve their community leaders.
Once you have the irrefutable evidence, and united community of employees earning their daily bread from work under Contractor..............the steps e.g; Tweet to railway minister, PM may also fetch results............If that be your choice...
krishna mohan
(Expert) 12 June 2017
Railways will be covered under the Min. wages prescribed by Chief Labour Commissioner, Ministry of Labour as per Minimum wages act. Hence the regional commissioner in Hyderabad can be complained for any wages related issue. Regarding PF, complaint can be made to EPFC in Hyderabad with wages deduction and ESI to ESI authorities. You may check whether they have outsourced to contractor and in that case she need to represent to the GM, Railways with details of default and contractor under whom she works.
