CONTRACT LABOUR MANAGEMENT SYSTEM - … CONTRACT LABOUR MANAGEMENT A) Pre Commencement formalities...

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ANGRÉ PORT PRIVATE LIMITED LAVGAN DOCKYARD PRIVATE LIMITED CONTRACT LABOUR MANAGEMENT SYSTEM

Transcript of CONTRACT LABOUR MANAGEMENT SYSTEM - … CONTRACT LABOUR MANAGEMENT A) Pre Commencement formalities...

ANGRÉ PORT PRIVATE LIMITED

LAVGAN DOCKYARD PRIVATE LIMITED

CONTRACT LABOUR

MANAGEMENT SYSTEM

GUIDELINES

CONTRACT LABOUR MANAGEMENT A) Pre Commencement formalities Contractor will submit following documents to HR & Admin Dept before commencement of their work.

a. Copy of EPF code allotment letter. b. Workmen’s compensation Insurance Policy/WC Insurance Receipt. c. Details of contractor – As per Annexure – 1.

B) Post Commencement formalities Contract Labour (R&A) Act, 1970 Labour License: If work involves deployment of 20 or more workmen, contractor shall approach “The Assistant Commissioner of Labour Office (Registration & Licensing Officer), Under Contract Labour (R&A) Act. Block No. 42 & 44 “Parasmani”, 2nd Floor, K. C. Jain Nagar, Maruti Mandir, Ratnagiri – 415 612” for obtaining labour license. For obtaining Labour License under State Rules Contractor will submit Application in Form–IV [u/s 21(1)] along with copy of the following documents:

a. Copy of EPF Code Allotment Letter. b. Copy of Company’s PAN Number. c. Form – V issued by the Principal Employer. (You are required to make an

application to us requesting for the same on your Company Letter Head (format attached as Annexure 2).

d. Incorporation Certificate of the Company, if registered or Partnership Deed etc. any documents to prove legality of the company.

e. Copy of Workmen’s Compensation Insurance Policy. f. Affidavit for compliance under Contract Labour (R&A) Act. f. Paid Treasury Challan in Original, Security Deposit for per worker (under State

Laws) and appropriate Labour License Fee. On depositing the requisite fees to Labour Office, a copy of the Treasury Challan will be submitted to Port/Dockyard HR & Admin within three days. On receipt of labour license, Contractor shall submit a copy of the same to port/dockyard Admin. Contractor shall submit intimation regarding commencement/completion of work in Form VI-B to the competent authority under intimation to the Port/Dockyard HR & Admin (format attached as Annexure 3). Contractor shall display required notices, information and abstract of the Act/Rules in English & the language known by the majority of the workmen; and shall notify the same to competent authority.

Contractor shall maintain all records/registers prescribed under the Act.

1. Register of Wages Cum Muster Roll [Rule 27 (1) of Mah MW Rules]- Form II 2. Register of Advances [Rule 118 of Mah POW Rules] – Form IV 3. Attendance card cum Wages Slip 4. List of Employees with their PF Nos and PF Challan paid. 5. Workmen Compensation Policy 6. Identity card [Rule 57 of Mah CL(R&A) Rules] – Form X

Contractor shall get Registers/records verified by Engineer-in-charge/designated representative from the dealing department before disbursement of payment and shall arrange to disburse payment to their workmen on or before 7th of the every month in presence of department representative, If the workforce is below 1000; or on or before 10th of every month if the workforce exceeds 1000 at the site. “The Contractor shall make the payment of wages to his personnel directly or through authorized representative on his behalf in the presence of representative of dealing department of Port/Dockyard. The distribution of wage shall be during the working hours on a working day within the work premises of Angre Port/Lavgan Dockyard and on a date notified in advance. The contractor will obtain certification of authorized representative of Angre Port/Lavgan Dockyard in the following format at the bottom of the wage register”. “Certified that the amount shown in column no__has been paid to the concerned Workmen in my presence on________dt ______ place ___________.” Contractor shall attend inspection conducted by the Angre Port/Lavgan Dockyard Labour Law Consultant/Government authorities to verify the records and shall send immediate compliance report to the Authorities for the irregularities pointed out by the inspecting Authority under intimation to Angre Port/Lavgan Dockyard HR & Admin. Contractor shall provide all amenities to their workmen prescribed under the Act such as drinking water, urinals, first aid box, toilets, washing place, canteen etc. as mentioned in the CL (R&A) Act. Contractor shall clear the payment against Annual Leave (if applicable) and will submit report thereof to the Port/Dockyard Admin.

C) Employees Provident Fund & Misc. Provisions Act, 1952 Contractor shall comply with the all provisions laid down in the said Act and will submit following documents to Port/Dockyard HR & Admin as per schedule mentioned below. Periodic Return:

a. PF Challan for previous month - Before 15th of every month. b. List of the workmen along with their contribution - Before 15th of every month. c. PF Slip - Once in a year

As and when required: a. Contractor shall provide all help to transfer or withdraw the amount standing in credit of the workmen as per the provisions laid down under the Act. b. Contractor shall mention PF Number on the wages slip to be distributed to the individual workman. D) Workmen’s Compensation Act, 1923 Contractor shall obtain unnamed Policy in favour of respective company covering all the workmen deployed at site and shall renew it in time. The copy of the same is to be submitted to the Port/Dockyard HR & Admin within a week of commencement of work. Contractor shall inform immediately to the HR & Admin, Security Department in case of any accident and shall act as per the instructions given by him from time to time. Contractor may provide all possible help to their workmen in case of any accident arising out of and in the course of employment as per instruction of Port/Dockyard Admin. Contractor shall deposit compensation in favour of the eligible workman/legal heirs with competent Authority i.e. WC Commissioner-Cum- Labour Court Judge, within 30 days from the date of accident in case of fatal accident and in case of non fatal accident, at the earliest from the date of receipt of disability certificate from the civil surgeon. E) Minimum Wages Act, 1948 Contractor will pay wages which is not less than Minimum rates of wages fixed by the Central/State Govt. (whichever is higher). Contractor has to display Notices required under the Act and State Rules. Contractor will display notices under the Act and state rules. F) Payment of Wages Act, 1936 Contractor shall arrange distribution of wage payment as per the provision laid down under the Act. Contractor shall make only authorized deductions(s) from the wages of the workmen as per the provision laid down under the said act. Contractor shall display required notices and abstract of the rules at prominent place in local language or the language known by the majority of the workmen. Contractor shall immediately resolve dispute(s) relating to wage payment before and submit report thereof to Port/Dockyard Admin.

G) Labour Welfare Act Contractor shall send Half Yearly Return and deposit employee and employer contribution) to the competent Authority in the month of July/January for the Half Year ending as on June and December respectively. H) Other Guidelines Efforts have been made to cover important enactments only. Other enactments which are applicable to an individual contractor/company would be explained in person. Moreover, the statutory compliance under different labour Laws will also be intimated to you from Port/Dockyard Admin as and when required. To avoid IR problems including work stoppage at work site/Labour Camp(s) Precautions to be taken and discipline to be observed are as under: I) Precautions 1. Contractor shall avoid disbursing wage payment to their workmen inside Custom Bound Zone limit as well as after working hours and on Sunday/Holidays. 2. Contractor shall submit copy of Attendance & Wage Register month wise regularly to Port/Dockyard Admin as per statutory requirement. 3. Contractor shall not engage workmen below age of 18 Years. 4. Contractor shall take maximum precautions to avoid any dispute or IR problem. However, if takes place, the contractor is solely responsible to resolve the same and furnish details/report to Port/Dockyard Admin immediately. 5. Contractor shall take all safety precautions to avoid accident. 6. Contractor shall keep close vigil on the activities of their workmen including their discipline and conduct during stay at port/dockyard site. 7. Contractor shall obtain all background information about the workman while deploying at site and will give an undertaking in this regard to Port/Dockyard Admin that workmen employed by them do not have any doubtful background history. They will also obtain police verification of all workmen regarding their antecedent check. All responsibility in this regard during or after completion of work lies with the contractor. 8. Contractor shall keep liquid fund ready to meet the requirements in case of any accident, IR problem or payment dispute. 9. Contractor shall immediately cancel entry Permit of the workmen who are long absentee without any intimation or have left the site at their own or after taking full and final payment. 10. Contractor shall obtain No Dues Certificate from the workmen who cease to work and cancel the entry Permit to prevent unauthorized entry to Port/Dockyard premise. J) Discipline 1. Contractor shall observe discipline/procedures/rules set by the company and shall explain to their workmen, such as safety procedure related to work/assignment, safety, security & traffic rules etc. 2. Contractor shall encourage workmen to observe dress code, if they have one. 3. Contractor shall ensure proper use of company provided amenities.

4. Contractor shall plan/arrange for wage payment to their workmen in the systematic manner and shall arrange payment in sealed envelopes. In case of heavy deployment, wage disbursement can be arranged in the small groups. 5. Contractor shall take utmost care of discipline laid down by the company while working in the Port/Dockyard premise. K) Procedure for Regulating Visitors ENTRY & EXIT 1. Visitor is first received by the security and his identity and bonafides are checked with relevant documents such as letters from the company, visitors card, call for interview etc,. 2. After ascertaining the purpose of his visit security contacts the staff member whom the visitor wants to see. 3. On confirming from the staff member, visitor is given a visitors pass and security directs the visitor to concerned staff member with the advice to obtain signature from the concerned staff member after meeting. 4. An enquiry is made with the visitor, if he is carrying any returnable material / tools and tackles, if yes he is advised to prepare a list of the same which is checked by security. 5. Visitors are also advised not to enter ‘RESTRICTED AREA’. 6. At the time of exit of visitor out pass is collected back from him by security and checks the signature of staff visited, if he was carrying any tools the list prepared at the time of entering is rechecked and allowed exit. 7. For frequent visitors temporary entry passes are issued for three/six months in order to avoid inconvenience to visitors who have regular and continuous work like Labor contractors, scrap dealers etc., 8. Accordingly we inform security about the expected visitors giving necessary details for smooth entry. On reaching our gate their bonafides are ascertained and a group visitor pass is issued to them. 9. Following instructions are given and cameras etc if any are deposited with security at gate.

a) No smoking within the work premises. b) No photography within the work premises or of plant without permission. c) No drawing & sketches of plant to be drawn. d) To adhere to the instructions given by staff member accompanying them.

L) Procedure for Contractual Manpower temporary Gate Pass & ENTRY/EXIT 1. Contractor will bring request letter alongwith the list of new engaging labour/staff to Project office at site. 2. On the same day Safety Induction and PPE to be issued at gate for temporary allowed labours/staff and the responsibility for same lies with concerned contractor. 3. 4. Temporary Gate Pass Card would be issued on verification of safety induction. 5. The validity of Temporary Gate Pass would be decided by management of project site. 6. After validity of gate pass new card would be issued on refresh safety training. Old Gate pass has to be returned for the purpose. 7. Safety Induction is a prime responsibility of Contractor. 8. Any person found without PPE at site would be asked to leave the site immediately, after returning the temporary gate pass issued to him.

9. Contractual Labour would be routed through Main gate only. 10. All Contract labours/workers/staff have to show their Temporary Gate Pass while entering gate to the Security Personnel. M) SEARCH Search of persons: 1. Search is one of the most important aspects of security. 2. Search on entry is intended to prevent induction of dangerous/prohibited material inside the works and to prevent sabotage. 3. Search during the working hours and at exit is intended to prevent theft and pilferage of material. Search of vehicles: 1. A vehicle register is maintained at main gate recording movement of all vehicles coming “IN” and going “OUT” of the premises mentioning registration No, time of entry and exit. 2. All vehicles including those belonging to managerial staff are subject to search by security staff.

Annexure – 1

DETAILS OF THE CONTRACTOR 1. Name and address of the Contractor / Sub-contractor

a. Registered / Head Office : ____________________________________

____________________________________

____________________________________

b. Local Office (If any) : ____________________________________

____________________________________

____________________________________ 2. Name, Phone, Fax, E-mail of the contact person other than Site-incharge :

At Angre Port/Lavgan Site : ____________________________________ Name : ____________________________________

Phone/Mobile No. : ____________________________________

Fax No. : ____________________________________

E-mail Address : ____________________________________

At HO / Registered Office : ____________________________________

Name : ____________________________________

Phone/Mobile No. : ____________________________________

Fax No. : ____________________________________

E-mail Address : ____________________________________

3. Contact person(s) /

Engineer-in-charge : ____________________________________

4. Nature of Work : ____________________________________

5. Area / Plant (s) where the

work is going on : ____________________________________

6. Date and LOI/LOC/W.O. No. : ____________________________________

7. Period of Contract : From______________to________________ 8. Date of Commencement of Work : ____________________________________ 9. Provident Fund Code No.

Region under which contractor is covered : _______________________________ 10. Details of Workmen Compensation Policy:

a. Name of the Insurance

Company : ____________________________________

b. Date of Issue : ____________________________________

c. Period : From_______________to_______________

d. No. of workmen covered : ____________________________________

(Specify as per category e.g.

highly skilled, Skilled,

Semi-skilled, Un-skilled) 11. Maximum Nos. of Workmen proposed to be engaged on any day :

i. Male : ___________________________________

ii. Female : ___________________________________ Date : Place : Seal & Signature of the Authorized representative

Annexure 2

(On Contractor’s Letterhead)

To, Date: M/s. Angre Port Private Limited,/Lavgan Dockyard Pvt. Ltd. At : Sande Lavgan, Po : Jaigad, Tal & Dist : Jaigad. Pin – 415 614.

Sub: Request for Form – V under Contact Labour (Regulation & Abolition Act 1970)

Dear Sir, We have been awarded the job of ________________________________________ at your site vide LOI/LOC/W.O.No. ______________________________ dated _______________, a copy of which is enclosed herewith. We propose to commence our work from _______________________, as per the provision of the above Act, we are required to obtain a Labour License from Licensing Officer. We request you to issue us Form – V to obtain the Labour License. The details about our Company/Firm and aforesaid contract are given in the enclosed sheet. We undertake to comply with all the provisions of the aforesaid Act as well as other Labour Laws, which are under operation from time to time. Thanking You, Yours Faithfully, (Seal & Signature of Contractor) Name: Designation. Encl: 1. Details of the Contractor. 2. Copy of the Workmen Compensation Policy. 3. Copy of PF Code Allotment Letter (if applicable). 4. Copy of LOI / LOC / W.O

Annexure 3

[FORM VI-A] {See rule 25(2)(iii) of The Maharashtra Contract Labour (Regulation & Abolition) Rules, 1971}

INTIMATION OF COMMENCEMENT/COMPLETION OF CONTRACT WORK I/We, Shri / Messrs. (Name and Address of the Contractor) hereby intimate that the contract work (name of work) in the establishment of (Name and Address of Principal employer) for which licence No__________________, dated________________ has been issued to me / us by the Licensing Officer (Name of the Headquarter), has been commenced / completed with effect from (date) / on (date). Signature of the Contractor (s). To, The Assistant Commissioner of Labour Office (Registration & Licensing Officer), Under Contract Labour (R&A) Act. Block No. 42 & 44 “Parasmani”, 2nd Floor, K. C. Jain Nagar, Maruti Mandir, Ratnagiri – 415 612”