1 An employee of the Lab should not be made as a contractor (Sham/ False contract). Go for an independent contractor. As far as possible, the preference should be given to a contractor, who has got the contract in similar concern of the same type.
2 If the contractor has similar type of contract in different concerns, then he should try to transfer the employees from one establishment to another establishment. Hence the contract employees can be transferable. This is a with a view that the contractor should not employ the contract workmen in the same establishment for not more than a certain stipulated period.
3 The contractor shall select and appoint the workmen without any interference of the Lab. The supervision and control on the workmen of contractor will be solely by the Contractor. Hence the Lab will not have supervision and control over the contractor’s workmen.
4 The contractor shall determine the mode, method and manner of working. The Lab shall not interfere in regard to the same.
5 The Contractor shall employ the workforce according to his requirement but he shall not in any case exceed the number of workmen shown in the licence or do any other work what is not given in the licence.
6.1 Similarly Employer shall register itself under the Contract Labour (Regulation & Abolition) Act, 1970.
6.2 The Contractor shall submit monthly printed bill to the Lab for payment of the work done by him by 1st day of following month and the printed bill should be signed under the Rubber Stamp.
6.3 The Employer has to ensure that the Contractor is paying the workmen minimum wages and the payment to them is made on or before 7th of every month in presence of the representatives of the Lab who shall also sign on the muster/register.
6.4 The Contractor shall deduct the income tax as per income tax act or any other law applicable from time to time from the payment made to his workmen.
6.5 The Contractor shall pay his own taxes as per provisions of statutory acts.
6.6 The Contract shall be given for the job to be done and rates of job shall be paid to contractor as per mutual agreed basis.
6.7 The Lab shall ensure while making payment to the contractor that the contractor has paid the employees’ provident fund and ESI contributions deductions both of employees and of contractor on time (along with copy of challan paid).
7 The Lab shall check up that the Contractor renews his licence from time to time.
8 The Contractor shall decide about the disciplinary action to be taken against his employees in case of any acts of misconducts committed by his employees.
9 The Lab shall see that if possible the Contractor has obtained separate code numbers of Employees State Insurance and Employees Provident Fund under the respective Acts.
10 The Contractor shall maintain necessary records such as identical card. Attendance register and/or card and other statutory registers through his staff and not by the staff of the Lab.
11 The contract workmen shall do the specific work of the contract and not any other work of the Lab.
12 Contract Labourers are not to be employed for doing perennial and permanent nature of jobs of the Lab.
13 Contract Labourers should not be employed for doing any main activity of the Lab.
14 Do not pay from the regular fund of Lab
15 If possible insert following clause in NIT/ Contract w.r.t LIABILITIES, CONTROL ETC. OF THE PERSONS DEPLOYED
(a) The Contractor shall depute a co-odinator who would be responsible for immediate interaction with the Lab so that optimal services of the persons deployed by the agency could be availed without any disruption.
(b) It will be the responsibilities of the Contractor to meet transportation, food, medical and any other requirements in respect of the persons deployed by it (Agency) in this Lab and this Lab will have no liabilities in this regard.
©. For all intents and purposes, the Contractor shall be the “Employer” within the meaning of different Labour Legislations in respect of Persons so employed and deployed in this Lab. The persons deployed by the Contractor in the Lab shall not have claims of any Master and Servant relationship nor have any principal and agent relationship not have any principal and agent relationship with or against Lab.
(d).The Contractor shall be solely responsible for the redressal of grievances / resolution of disputes relating to person deployed. This Lab shall, in no way, be responsible for settlement of such issues whatsoever.
(e) This Lab shall not be responsible for any damages, losses, claims, financial or other injury to any person deployed by service providing agency in the course of their performing the functions/duties, or for payment towards any compensation.
(f) The persons deployed by the Contractor shall not claim nor shall be entitled to pay, perks and other facilities admissible to casual, ad hoc, regular / confirmed employees of this Lab during the currency or after expiry of the contract.
(g) In case of termination of this contract on its expiry or otherwise, the persons deployed by the Contractor shall not be entitled to and will have no claim for any absorption nor for any relaxation for absorption in the regular / otherwise capacity in this Lab
2 If the contractor has similar type of contract in different concerns, then he should try to transfer the employees from one establishment to another establishment. Hence the contract employees can be transferable. This is a with a view that the contractor should not employ the contract workmen in the same establishment for not more than a certain stipulated period.
3 The contractor shall select and appoint the workmen without any interference of the Lab. The supervision and control on the workmen of contractor will be solely by the Contractor. Hence the Lab will not have supervision and control over the contractor’s workmen.
4 The contractor shall determine the mode, method and manner of working. The Lab shall not interfere in regard to the same.
5 The Contractor shall employ the workforce according to his requirement but he shall not in any case exceed the number of workmen shown in the licence or do any other work what is not given in the licence.
6.1 Similarly Employer shall register itself under the Contract Labour (Regulation & Abolition) Act, 1970.
6.2 The Contractor shall submit monthly printed bill to the Lab for payment of the work done by him by 1st day of following month and the printed bill should be signed under the Rubber Stamp.
6.3 The Employer has to ensure that the Contractor is paying the workmen minimum wages and the payment to them is made on or before 7th of every month in presence of the representatives of the Lab who shall also sign on the muster/register.
6.4 The Contractor shall deduct the income tax as per income tax act or any other law applicable from time to time from the payment made to his workmen.
6.5 The Contractor shall pay his own taxes as per provisions of statutory acts.
6.6 The Contract shall be given for the job to be done and rates of job shall be paid to contractor as per mutual agreed basis.
6.7 The Lab shall ensure while making payment to the contractor that the contractor has paid the employees’ provident fund and ESI contributions deductions both of employees and of contractor on time (along with copy of challan paid).
7 The Lab shall check up that the Contractor renews his licence from time to time.
8 The Contractor shall decide about the disciplinary action to be taken against his employees in case of any acts of misconducts committed by his employees.
9 The Lab shall see that if possible the Contractor has obtained separate code numbers of Employees State Insurance and Employees Provident Fund under the respective Acts.
10 The Contractor shall maintain necessary records such as identical card. Attendance register and/or card and other statutory registers through his staff and not by the staff of the Lab.
11 The contract workmen shall do the specific work of the contract and not any other work of the Lab.
12 Contract Labourers are not to be employed for doing perennial and permanent nature of jobs of the Lab.
13 Contract Labourers should not be employed for doing any main activity of the Lab.
14 Do not pay from the regular fund of Lab
15 If possible insert following clause in NIT/ Contract w.r.t LIABILITIES, CONTROL ETC. OF THE PERSONS DEPLOYED
(a) The Contractor shall depute a co-odinator who would be responsible for immediate interaction with the Lab so that optimal services of the persons deployed by the agency could be availed without any disruption.
(b) It will be the responsibilities of the Contractor to meet transportation, food, medical and any other requirements in respect of the persons deployed by it (Agency) in this Lab and this Lab will have no liabilities in this regard.
©. For all intents and purposes, the Contractor shall be the “Employer” within the meaning of different Labour Legislations in respect of Persons so employed and deployed in this Lab. The persons deployed by the Contractor in the Lab shall not have claims of any Master and Servant relationship nor have any principal and agent relationship not have any principal and agent relationship with or against Lab.
(d).The Contractor shall be solely responsible for the redressal of grievances / resolution of disputes relating to person deployed. This Lab shall, in no way, be responsible for settlement of such issues whatsoever.
(e) This Lab shall not be responsible for any damages, losses, claims, financial or other injury to any person deployed by service providing agency in the course of their performing the functions/duties, or for payment towards any compensation.
(f) The persons deployed by the Contractor shall not claim nor shall be entitled to pay, perks and other facilities admissible to casual, ad hoc, regular / confirmed employees of this Lab during the currency or after expiry of the contract.
(g) In case of termination of this contract on its expiry or otherwise, the persons deployed by the Contractor shall not be entitled to and will have no claim for any absorption nor for any relaxation for absorption in the regular / otherwise capacity in this Lab
Good article, came to know many things.Excellent blog
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