Can We Issue Form V/III to Our Newly Hired Contractor if Our Owner/Employer Refuses to Do So?

Dear Sir,

My name is Deepak Kumar Malviya, and I work as an Executive HR cum admin. I am in the early stages of my career and assigned in Uttar Pradesh to complete a 4 X 500 MW power project.

I am writing to seek clarification for the following:

1. We are operating under an establishment registered under the Factory Act.
2. Form V/III is issued by this establishment to our company.
3. My company has awarded contracts to various contractors.
4. Form V/III is issued by our owner to these contractors.
5. Now, we plan to hire another contractor for construction work. However, our owner/employer has refused to issue Form V/III. Can we issue Form V/III to our newly hired contractor in this situation?
6. If I consider my company as the principal employer hiring the contractor directly, and the establishment owner refuses to issue Form V/III, what should we do?

I would appreciate your advice for a better understanding.

Regards,

Deepak Kumar Malviya
Executive HR cum admin
Location: Mumbai, India
Tags: Factory Act, construction work, principal employer, Form V
Country: India
City: Mumbai

Dear Mr. Malviya,

From your description, it seems that you are facing an issue related to the issuance of Form V/III under the Indian Contract Labour (Regulation and Abolition) Act, 1970. Form V is used by the principal employer to certify the contract and is necessary for the contractor to obtain a license for contract labor.

In case the owner or employer denies issuing Form V/III, you, as the HR executive of your company (the principal employer), can issue Form V/III to the newly hired contractor. However, you must follow these steps:

1. You must have the authority from your company to issue Form V/III. This authority is usually provided via a letter of authorization from the company.
2. The Form V/III must be issued in the name of the contractor, specifying the work for which the contractor is being hired, and the period for which the contract is valid.

If you encounter resistance from the establishment owner, it's crucial to communicate with them regarding the legal obligations under the Contract Labour (Regulation and Abolition) Act, 1970. If the issue persists, you may need to seek legal counsel or approach the labor department for advice.

Remember, adherence to labor laws and regulations is of paramount importance to avoid any legal complications in the future.

I hope this helps. Please feel free to reach out if you have any further queries.