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Staffing & Recruiting Industry -Legal Updates

Last post October 6, 2014 05:40 AM by rajanassociates. 106 repiles.

November 22, 2010 10:34 PM 1
Total Posts: 136
Join Date: November 22, 2010
Rank: Leader
Post Date: October 6, 2014
Posts: 136
Location: India

Staffing & Recruiting Industry -Legal Updates

Dear All


We are specially creating this Post  in CHRM for the Staffing & Recruiting Industry  Professionals  especially when  the Industry has seen tremendous growth in the past 5 years. To keep pace Professionals need to keep themselves updated on the Legal compliance .

Many International players have come into the Indian Scene. But India consisting of Different States and Labour being on the Concurrent List the Legislation can be done both by the Centre and the States.That is why in India we find so many Labour Legislations.

In fact China has pioneered in enacting a "Contracting Law" which regulates the Industry.

The supporters of Globalization want to do away with a so many Legislation but they have not understood the Federal Nature of Our Constitution and the answer for that should not be " a cry without any result". Till that goal of Standardisation of Labour Laws is reached the Industry  has to operate and function within the four corners of the existing Laws.This post is an begining in that direction. In fact there is another way of looking at the problem, the need to operate within the Legal framework taking the benefit of the existing laws.This is a win-win situation.


With Regards

V.Sounder Rajan  Advocate
VS Rajan Associates,
Advocates & Notaries & Legal Consultants
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail : rajanassociates@eth,net,
Off : 044-42620864, 044-65874684,
Mobile : 9840142164-9025792684-9025792634
February 28, 2011 03:392
rajanassociates
Total Posts: 136
Join Date: November 22, 2010
Rank: Leader
Post Date: February 28, 2011
Points: 680
Location: India

Re: Staffing & Recruiting Industry -Legal Updates

Dear All


NEXT IMMEDIATE LEGAL QUESTIONS FOR INDIAN STAFFING OR TEMPING COMPANIES

Is there any provision for issue of Temporary Certificate of Registration in the CLRA?

Yes where conditions arise in an establishment requiring the employment of contract labour immediately and such employment is estimated to last for not more than fifteen days, the principal employer of the establishment or the contractor, as the case may be, may apply for a temporary certificate of registration or license to the Registering officer or the licensing Officer.

Rule 32 of the CLRA Rules provide for handling this situation.

32. Grant of temporary certificate of registration and licence

(1) Where conditions arise in an establishment requiring the employment of contract labour immediately and such employment is estimated to last for not more than fifteen days, the principal employer of the establishment or the contractor, as the case may be, may apply for a temporary certificate of registration or licence to the Registering officer or the licencing Officer, as the case may be, having jurisdiction over the area in which the establishment is situated.

(2) The application such temporary registration or licence shall be made in triplicate in Forms VIII and X, respectively and shall be accompanied by a Demand draft drawn in favour of the Pay and Accounts Officer, Office of the Chief Labour Commissioner (Central), New Delhi showing the payment of appropriate fees and in this case of the licence appropriate amount of security also. -

(3) On receipt of the application, complete in all respects, and on being satisfied either on affidavit by the applicant or otherwise that the work in respect of which the application has been made would be finished in a period of a nature which could not be carried out immediately the registering Officer or the Licensing Officer as the case may be, sha1l forthwith grant a certificate of registration of Form, or a licence in Form XL as the case may be, for a period of not more than fifteen days.

(4) Where a certificate of registration or licence is not granted the reasons therefor shall be recorded by the registering Officer or the LicensIng 0fficer as the case maybe.

(5) On the expiry of the validity of the registration certificate the establishment shall cease to employ in the establishment contract labour in respect of which the certificate was given.

It is better for Staffing Companies and Principal Employers to apply for Temporary Registration when such need arises.


Thanks & Regards

V.Sounder Rajan -VS Rajan Associates,
Advocates & Notaries -Legal Consultants
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail : rajanassociates@eth,net,
Off : 044-42620864, 044-65874684,
Mobile :9025792684-9025792634
March 4, 2011 11:033
rajanassociates
Total Posts: 136
Join Date: November 22, 2010
Rank: Leader
Post Date: March 4, 2011
Points: 680
Location: India

Re: Staffing & Recruiting Industry -Legal Updates

Dear All

NEXT IMMEDIATE LEGAL QUESTIONS FOR INDIAN STAFFING OR TEMPING COMPANIES

In case a CLRA License is obtained for deploying Contract Labour and it specifies the number of persons to be employed can the Contractor deploy in excess of the number ?

Rule 25 II of CLRA Rules specifies the number of workman employee as contract labour in the establishment shall not, on any day, exceed the maximum number specified in the licence and when the licence is issued and specifies the numbers it cannot be exceeded .

With Regards

V.Sounder Rajan
VS Rajan Associates,
Advocates & Notaries & Legal Consultants
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail : rajanassociates@eth,net,
Off : 044-42620864, 044-65874684,
Mobile : 9025792684-9025792634
March 7, 2011 09:554
rajanassociates
Total Posts: 136
Join Date: November 22, 2010
Rank: Leader
Post Date: March 7, 2011
Points: 680
Location: India

Re: Staffing & Recruiting Industry -Legal Updates

Dear All

NEXT IMMEDIATE LEGAL QUESTIONS FOR INDIAN STAFFING OR TEMPING COMPANIES


Is there any responsibility for the Contractor to maintain canteen for the welfare of Contract Employees ?


Yes Rule 42 of the CLRA Rules prescribes on the provision of Canteens and reads like this.


42.—(1) In every establishment to which the Act applies and wherein work regarding the employment of contract labour is likely to continue for six months and labour numbering one hundred or more are ordinarily employed an adequate canteen shall be provided by the contractor for the use of such contract labour within sixty days of the date of coming into force of the rules in the case of the existing establishments and within sixty days of the commencement of contract labour In the case of the establishments of the employment

(2) If the contractor fails to provide the canteen within the time laid down the same shall be provided by the principle employer within sixty days of the expiry of the time allowed to the contractor.

(3)The canteen shall be maintained by the contractor or principal employer; as the case may be, in an efficient manner

43. (1) The canteen shall consist of at least a dining hall; kitchen, store room, pantry and washing places separately for workers and for utensils.
(2)(i) The canteen shall be sufficiently lighted at all times when any person has, access to it.
(ii) The floor’ shall be made of smooth and impervious material and inside walls shall be lime-washed or colour-washed at least once in each year
Provided that the inside walls of the kitchen shall be lime-washed every four months.
(3)(i) The precincts of the canteen shall be maintained in, a. clean and sanitary condition.
(ii) Suitable arrangements shall be made for the collection and disposal of garbage.

44.(1) The dining-hall shall accommodate at a time at least 30 percent of the contract labour working at a time.

(2)The floor area of the dining-hall, excluding the area occupied by the service in the counter and any furniture except tables and chairs shall be not less than one square metre per diner to be accommodated as prescribed In sub-rule (1). -

(3) (i) A portion of the dining-hall and service counter shall be partitioned off and reserved for women workers, in proportion to their number,,.
(ii) Washing places for women shall be separate and screened to secure private.

(4)Sufficient tables, stools, chairs or benches shall be available for the number of diners to be accommodated as prescribed in sub-rule (1).

45 (1) (i) There shall be provided and maintained sufficient utensils, crockery, cutlery, furniture and any other equipment necessary for the sufficient running of the canteen,
(ii)The furniture, utensils and other equipment. shall be and Hygienic condition.

(2) (1) Suitable clean clothes for the employees’ service in the canteen shall also be provided and maintained
(ii)A service -counter, if provided, shall have top of smooth and impervious material.
(iii) Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of utensils and equipment.

46.The foodstuffs and other items to be served in the canteen shall be in conformity with the normal habits of the contract labour.

47 The charges for foodstuffs, beverages and any other items served in the canteen shall be based on “no-profit, no loss” and shall be conspicuously displayed in the canteen

48. In arriving at the prices of foodstuffs and other articles served in the canteen the following items shall not be taken into consideration as expenditure, namely’
(a) the rent for the land and buildings;

(b) the depreciation and maintenance charges for the building and ‘equipment provided for in the canteen;
(c) the cost of purchase, repairs and replacement of equipment including furniture, crockery, cutlery and utensils;
(d) the water charges and other charges incurred for lighting and ventilation;
(e) the interest on the maintenance of amounts spent on the provision and maintenance of furniture and equipment provided for canteen.

49. The books of accounts and registers and other documents used in connection with the running of the canteen shall be produced on demand to an inspector.

50.The account pertaining to the canteen shall be audited once every twelve months by registered accountants and auditors


Provided that the Chief Labour Commissioner (general) may approve of any other person to audit the accounts, if he is satisfied that it is not feasible to appoint a registered accountant and auditor i view of the site or the location of the canteen.


The Staffing Entity taking a CLRA Licence and employing contract or Temporary labour which is likely to continue for six months and contract labour numbering one hundred or more are ordinarily employed would require the above compliance.
With Regards

V.Sounder Rajan
VS Rajan Associates,
Advocates & Notaries & Legal Consultants
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail : rajanassociates@eth,net,
Off : 044-42620864, 044-65874684,
Mobile : 9025792684-9025792634
March 9, 2011 11:495
rajanassociates
Total Posts: 136
Join Date: November 22, 2010
Rank: Leader
Post Date: March 9, 2011
Points: 680
Location: India

Re: Staffing & Recruiting Industry -Legal Updates

Dear All

NEXT IMMEDIATE LEGAL QUESTIONS FOR INDIAN STAFFING OR TEMPING COMPANIES


Whether there is any classification of workmen in the Model Standing Orders in respect of Industrial Establishment?

Yes ,SCHEDULE I of [MODEL STANDING ORDERS IN RESPECT OF INDUSTRIAL ESTABLISHMENTS provides the following :


2. Classification of workmen.--(a) Workmen shall be classified as --
(1) permanent,
(2) Probationers,
(3) badlis,
(4) temporary,
(5) casual,
(6) apprentices.

(b) A “permanent workman” is a workman who has been engaged on a permanent basis and includes any person who has satisfactorily completed a probationary period of three months in the same or another occupation in the industrial establishment, including breaks due to sickness, accident, leave, lock-out, strike (not being an illegal strike) or involuntary closure of the establishment.

(c) A “probationer” is a workman who is provisionally employed to fill a permanent vacancy in a post and has not completed three months’ service therein. If a permanent employee is employed as a probationer in a new post he may, at any time during the probationary period of three months, be reverted to his old permanent post.

(d) A “badli” is a workman who is appointed in the post of a permanent workman or probationer who is temporarily absent.

(e) A “temporary workman” is a workman who has been engaged for work which is of an essentially temporary nature likely to be finished within a limited period.

(f) A “casual workman” is a workman whose employment is of a casual nature.

(g) An “apprentice” is a learner who is paid an allowance during the period of his training.

The import of the definition of “temporary workman” can be understood to be one who has been engaged for work which is of an essentially temporary nature likely to be finished within a limited period.

With Regards

V.Sounder Rajan
VS Rajan Associates,
Advocates & Notaries & Legal Consultants
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail : rajanassociates@eth,net,
Off : 044-42620864, 044-65874684,
Mobile : 9025792684-9025792634
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