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FAQ under Contract Labour(R&A) Act-1970

FAQ under Contract Labour(R&A) Act

 

 

Whether all establishments are to be registered under Contract Labour (R&A) Act

 

 

Every principal employer of an establishment who employ 20 or more contract workers have to register under this Act.

 

Whether all contractors have to obtain Contract licence under Contract Labour (R&A) Act

 

 

Every contractor of an establishment who employ 20 or more contract workers have to obtain Contract licence under this Act.

 

Procedure for registration of establishments under Contract Labour (R&A) Act

 

 

(i) Application in triplicate in form I
(ii) Original Copy of the Treasury Chalan receipt towards prescribed fee

(iii) Submit the form I in triplicate and original chalan receipt at the office of the District Labour Officer having jurisdiction over the area. No employer shall employ contract workers unless a registration certificate is in force

 

Procedure to take Contract licence under Contract Labour (R&A) Act

 

 

(i) Application in triplicate in form IV

(ii) Original Copy of the Chalan receipt having remitted the prescribed fee for license at the nearest treasury of the office of the District Labour Officer

(ii) Original Copy of the Chalan receipt having remitted the prescribed fee for security deposit (at the rate of ` 20 for each workmen employed as contract labour) at the nearest treasury of the office of the District Labour Officer

(iii) Certificate by principal employer in form V
(iv) Submit the items in (i) to (iii) at the office of the District Labour Officer having jurisdiction over the area. No employer shall employ contract workers unless a registration certificate is in force

 

What is the prescribed fees under the Act

 

 

 

 

No. of workers employed on any day in 12 months

Registration fee

Licence fee

20 but does not exceed 50 workers

50 but does not exceed 100 workers

100 but does not exceed 200 workers

200 but does not exceed 300 workers

300 but does not exceed 500 workers

500 and above

1000

2000

3000

4000

6000

10000

750

1500

2500

4000

6000

10000

 

What is the Head of Account in which fee is to be remitted

 

 

For Registration/Licence: 0230-00-106

For Security Deposits: 8443-00-103

 

How and when to renew the Licence Certificate

 

 

Repeat the procedure in item No. 4 and submit along with the Registration Certificate 30 days before the expiry of registration certificate.

 

Registers to be maintained

 

 

By principal employers

(i) A register of contractors in form XII.

(ii) Annual Return in form XXV(in duplicate)to the DLO be before 15th of February of the succeeding year.

 

 

By contractors

 

 

(i) A register of persons employed in form XIII.

(ii) Issue an Employment Card in form XIV to each worker within three days of employment.

(iii) Issue a service certificate on termination in form XV

(iv) Issue wage slip in form XIX to the worker at least a day prior to the disbursement of wages

(v) Display an abstract of the Act in Malayalam and in the language spoken by the majority of workers

(vi) Notice showing the rate of wages, hours of work, wage period, date of payment, name and address of the inspector etc. shall be displayed in the establishment

(vii) A half yearly return in form XXIV (in duplicate) to the licensing officer not later than 30 days from the close of half year.

(viii) Maintain registers under Minimum Wages Act & Payment of Wages Act

 

What is the penalty for violation of the provision of the Act & Rules

 

 

Imprisonment which may extend to 3 months or with fine which may extend to Rs. 500/- or with both for obstruction to the Inspector & Imprisonment which may extend to 3 months or with fine which may extend to Rs. 1000/- or with both for contravention of provision regarding employment of contract labour

 

 

 

 

 

Note:- For more information please contact Citizen’s Call Center: 155300

 

 

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FAQ under the Inter-State Migrant Workmen (RE & CS) Act

FAQ under the Inter-State Migrant Workmen (RE & CS) Act.

 

 

 

Whether all establishments have to registere under Inter-State Migrant Workmen (RE & CS) Act

 

 

Every principal employer of an establishment who employ 5 or more Inter-State Migrant Workmen has to register his establishment under this Act.

 

Whether all contractors have to obtain licence under Inter-State Migrant Workmen (RE & CS) Act

 

 

Every contractor of an establishment who employ 5 or more Inter-State Migrant Workmen have to take recruitment/ employment licence under this Act.

 

Procedure for registration of establishments under Inter-State Migrant Workmen (RE & CS) Act

 

 

(i) Application in triplicate in form I
(ii) Original Copy of the Chalan receipt having remitted the prescribed fee at the nearest treasury of the office of the District Labour Officer
(iii) Submit the form I in triplicate and original chalan receipt at the office of the District Labour Officer having jurisdiction over the area. No employer shall employ contract workers unless a registration certificate is in force

 

Procedure to take Contract licence under Inter-State Migrant Workmen (RE & CS) Act

 

 

(i) Application in triplicate in form IV

(ii) Original Copy of the Chalan receipt having remitted the prescribed fee for license at the nearest treasury of the office of the District Labour Officer

(ii) Original Copy of the Chalan receipt having remitted the prescribed fee for security deposit (at the rate of ` 1000 for each workmen employed as contract labour) at the nearest treasury of the office of the District Labour Officer

(iii) Certificate by principal employer in form VI
(iv) Submit the items in (i) to (iii) at the office of the District Labour Officer having jurisdiction over the area. No employer shall employ contract workers unless a registration certificate is in force

 

What is the prescribed fees for registration and licence

 

 

 

 

No. of workers employed on any day in 12 months

Registration fee

Licence fee

5 but does not exceed 20 workers

20 but does not exceed 50 workers

50 but does not exceed 100 workers

100 but does not exceed 200 workers

200 but does not exceed 400 workers

400 and above

` 50

100

200

350

650

800

15

25

50

100

200

250

 

What is the Head of Account in which Chalan is to be remitted

 

 

For Registration/Licence: 0230-00-800-90

For Security Deposits: 8443-00-800-97

 

How and when to renew the Licence Certificate

 

 

Application for renewal shall be made in form IX in triplicate and submit along with the Certificate 30 days before the expiry of registration certificate.

 

Registers to be maintained

 

 

By principal employers

(i) A register of contractors in form XII.

(ii) Annual Return in form XXIV (in duplicate) to the DLO be before 15th of February of the succeeding year.

(iii) A register in form XIII

 

 

By contractors

 

 

(i) Issue a service certificate to the migrant workmen in form XIV on termination

(ii) Maintain a sheet for payment of displacement-cum-outward journey allowance in form XV

(iii) A register for return journey allowance in form XVI

(iv) Maintain registers under Minimum Wages Act, Contract Labour(R&A) Act & Payment of Wages Act

(v) Display an abstract of the Act in Malayalam and in the language spoken by the majority of workers

(vi) Notice showing the rate of wages, hours of work, wage period, date of payment, name and address of the inspector etc. shall be displayed in the establishment

(vii) A half yearly return in form XXIII (in duplicate) to the licensing officer not later than 30 days from the close of half year.

 

What is the penalty for violation of the provision of the Act & Rules

 

 

Imprisonment which may extend to 2 years or with fine which may extend to ` 2000/- or with both for obstruction to the Inspector & Imprisonment which may extend to 1 year or with fine which may extend to ` 1000/- or with both for contravention of provision regarding employment of contract labour

 

 

 

 

 

Note:- For more information please contact Citizen’s Call Center in 155300

 

 

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FAQ under the Payment of Gratuity Act

FAQ under the Payment of Gratuity Act

 

  Whether every employee of an establishment is entitled to gratuity under Payment of Gratuity Act?

 

 

 

 

Every employee of an establishment in which 10 or more persons are employed will come under payment of gratuity act. Employees of such establishment who has rendered continuous service for not less than 5 years shall be entitled to gratuity.

  When is the Gratuity being paid?

 

 

 

 

(i) On his superannuation

(ii) On his retirement or resignation

(iii) On his death or disablement due to accident or disease (5 years of service is not necessary)

  Procedure for getting the Gratuity

 

 

 

 

(i) Application in form I by employee or Application in form J by nominee or Application in form K by legal heir.
(iii) Submit the application to the employer within 30 days from the date of it becomes payable. The employer shall pay the gratuity within 30 days from the receipt of the application. For belated payment the employer is liable to pay 10% simple interest also.

  What is the procedure if the employer refuses to pay the gratuity?

 

 

 

 

The claim or complaints under the act shall be filed to the Controlling Authority (District Labour Officer) in form N within 90 days of it become payable

  Where can I file appeal against the order of Controlling Authority?

 

 

 

 

Any person aggrieved by an order of the Controlling Authority may prefer an appeal to the Appellate Authority within 60 days from the receipt of the order.

  What is the penalty for violation of the provision of the Act & Rules?

 

 

 

 

(i)Avoiding any payment or enabling any other person to avoid such payment or makes any false statement.                                                                  

Imprisonment which may extend to six months or with fine which may extend to ` 10,000/- or with both

(ii)Contravenes or makes default in complying with the provisions of the Act or any Rules

Imprisonment which not less than 3 months but may extend to 1 years or with fine not less than ` 10,000 which may extend to ` 20,000/- or with both

(iii)Non-payment of gratuity

Imprisonment which not less than 6 months but may extend to 2 years or with fine which may extend to `10,000/- or with both

 

 

 

 

 

 

 

 

 

Note:- For more information please contact Citizen Call Center: 155300

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FAQ

                      

1 FAQ under the Payment of Gratuity Act-1972
2 FAQ under the Inter-State Migrant Workmen (RE & CS) Act-1979
3 FAQ under Contract Labour(R&A) Act-1970
4 FAQ under Kerala Head Load Workers Act-1978
5 FAQ under Trade Union Act-1926
6 FAQ under the Motor Transport Workers Act-1961
7 FAQ under Minimum Wages Act-1948
 

FAQ under Kerala Shops and Commercial Establishments  Act-1960

9 FAQ under Wage Protection System(WPS)

10 FAQ under industrial Employment(Standing Orders)Act-1946

 

 

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