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Praveen (Sr.Officer)     02 February 2010

PF Query

Is there any povision of removing the penalty imposed by the PF commissioner on the Samiti by the Principal Employer?

Samiti is a registered one and working under PSU. How the Employer be responsible for non payment of Salary to the contract labour. 

Will  this case goes against the Principal Employer or Samiti Representative and under which section of Penal Code. 

Kindly suggest  



Learning

 2 Replies

V. VASUDEVAN (LEGAL COUNSEL)     03 February 2010

 As per the provisions of the Contract Labour (Regulation & Abolition) Act, the principal employer is squarely responsible for non-payment of salary by the contractor. In fact the Principal employer's representative should be present when the disbursement of wages/salary being made by the contractor. These days since the payment to contract employees are also disbursed by cheque or credit to the accounts, the principal employer should have some audit/mechanism to check proper disbursement.  

Praveen (Sr.Officer)     04 February 2010

Thanks. Its true that  Employer  is responsible for  non payment of contract labour. What is the  maximum legal action against Principal Employer.  


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