| Dear Legal Gurus, Our co. is working for X co at PAN INDIA level. As per the contract we have construct,install,commission the telecom sites and hand over the same to our customer.Our other team works for the servicing of the sites and for operation & maintenance of the sites for the given contract period. For construction,installation and commissioning we have vendors who work for us . For servicing and operation and maintenance of sites we have three agencies who outsource manpower on PAN INDIA basis .Now my queries are:- 1) As per the above X Co. is the principal Employer.Are we the principal employer for the three manpower outsourcing agencies. 2) When we will be getting the licence bases on the registeration and Form V issued by Co. X then will we get the licence as per no. of sites or as per the state. ( E.g. if we have 15000 sites all over India then do we need to get 15000 licences) 3) For services and Operation & Maintenance our one technician takes care of approx 10 sites and may be in a area of 15 to 30 kms. So at any particular sites less than 20 workmen are present then are they still covered under the said Act. Please advice, Thanks & Regards, Arvind Dear Arvind, 1. You would be the Principal employers for your vendors 2. If your vendors employees at a particular site is 20 or more than you have to apply for the Registration of RC 3. if at any site, any of your vendor employees reaches 20 or more any day then you have to give him the Form V You need to take the different lic for different sites... as you will be in a new contract with the clents of yours Regards Chandrakant vishwakarma 9820592842 Good Reply by Mr. Chandrakant. Mr. Arvind I am giving hereunder the reply pointwise : - 1) As per the above X Co. is the principal Employer.Are we the principal employer for the three manpower outsourcing agencies. YES 2) When we will be getting the licence bases on the registeration and Form V issued by Co. X then will we get the licence as per no. of sites or as per the state. ( E.g. if we have 15000 sites all over India then do we need to get 15000 licences) IF THE NO. OF EMPLOYEES CROSS 20 ON ANY DAY THEN BOTH OF YOU HAVE TO APPLY FOR LIECNCE SITEWISE(WHERE AS ADDRESS IS DIFFERENT 3) For services and Operation & Maintenance our one technician takes care of approx 10 sites and may be in a area of 15 to 30 kms. So at any particular sites less than 20 workmen are present then are they still covered under the said Act. NO Aa you are telling the story, so neither you need to take the licence nor you vendor,for this process. Rgds/Jitender Thanks Mr. Chandrakant & Jitendra for your replies. Now my query is that we have entered into a contract with Company X. For any contract there can be only one principal employer. There cannot be two principal employers ( Co. X and my co.). As per the contract we have to construct the telecom towers and to hand over the towers to the principal employer secondly after the completion of the tower construction if there is a contract for providing the services then the services team will come into picture and start giving its services. If there is a contract then operation & maintenance team will provide the O & M services. All the three contracts are different ( COnstruction,services & O&M). The other thing that I want to state is that as per the contract there can be only be one principal employer and we will be the contractor and our vendors who are infact sub- contractors for our principal employer will be infact a contractor as per the definition of contractor as per the contract labour ( R&A) Act,1970. As far as my understanding goes the principal employer needs to get themselves registered as per the said act which should include ours name as contractor. Secondly they should issue form V to us with the copy of the registration certificate bearing our name as contractor. Then we should apply for licence. We should also give the list of our vendors to them so that they can issue the same doc so that any of our vendors who had employed 20 or more than 20 workmen on any day preceeding twelve months then they should also apply for licence. Please correct me if I am wrong. Thanks & Regards, Arvind
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