Sujit and Rai joined the contractor market and were given an employment card format that required them to attest and maintain it. They had no clue about the relevance of the card or how they could use it.
Many people don’t know the relevance of the employment card format. As specified under the Contract Labour (Regulation & Abolition) Karnataka Rules,1974, the Contractor needs to maintain an employment card format that specifies details about each employee in the specified format.
This employment card format acts as an identity card for every worker and includes vital information like the name of contractors, major employers, operational details, and type and location of work. This also comprises individual statistics and employee data such as name, employee registry number, job title/type, wage rate, and the time of employment.
Table of Contents
- Table of Contents
- About the Contract Labour (Regulation & Abolition) Karnataka Rules, 1974
- Sample of the employment card format
- Entitlements
- Provision of facilities
- Compliances specified by the Act
- Conclusion
- Key Takeaways
About the Contract Labour (Regulation & Abolition) Karnataka Rules, 1974
This law aims to improvise and supervise the terms and conditions of employment of contract workers. Central and state regulations are enacted to ensure proper management and supervision of the law. The employment card format is an integral provision of the Act which is also known as Form XIV - Employment Card, that covers matters relating to contract work in various organizations operating in India.
The conditions of the law apply to factories, contractors, and other operations that employ 20 or more workers in the previous 365 days. The employment card format is proof that each contract worker is properly registered to use their services.
Some of the important details included in the employment card format which is also called Form XIV - Employment Card are:
- Establishment of advisory councils such as the central advisory council, state advisory council, and committees
- Registration of the places of work that employ contract workers
- Contractor licenses
- Well-being and health of contract workers
- Sanctions and procedures
- Various rules
The Contract Labour (Regulation & Abolition) Karnataka Rules, 1974 makes sure that the format of the Employment Card, which is also known as Form XIV - Employment Card is thoroughly followed. This was enacted on September 5, 1970, to provide Compliance Forms, wherein all the employers are required to submit them to the authorized inspector or the competent authority within the stipulated time as specified.
Employee Employment Card is nation-wide and applies to the place of work that employs contract workers. The Contract Labour (Regulation & Abolition) Karnataka Rules, 1974 applies to the whole State of Karnataka and all entities of Karnataka except the Central Government.
Sample of the employment card format
Inclusions of the employment card format
Name and address of contractor – The contractor when filling the employment card format as specified by law, must include all details of the contractor supervising the employee. It requires him to fill in the name and address of the contractor. These details can be filled in by the company’s HR representatives, personnel manager, or the factory head.
It is necessary for the employee and the employer to always maintain a copy of this employment card format with them all the time. This can be checked by the authorized inspector or by the factory owners at any point in time.
Before furnishing these details it should be noted that the contractor can also have sub-contractors. Their main work is to provide proper working conditions and instructions to workers and achieves results for the business. The contractor also agrees to provide contract labor to meet the labor needs of the Company.
1. Name and address of establishment in/under which contract is carried on
In this sub-section of the employment card format, the owner or the HR representative must mention the details of the branch (of the company) where/under which the entrepreneur performs the contract. This section must include information if the office/department is under the local authority or government or state government.
This section also specifies other vital information about the establishment of facilities like the exact place or location of the trade, nature of business, the kind of industry the contract workers are working for, profession, or manufacture.
2. Nature of work and location of work
In this subsection of the employment card format, the factory, human resources, or personnel manager should indicate whether the contract worker is a person who performs skilled, unskilled, or skilled supervisory, manual or clerical work for pay or employment.
3. Name and address of principal employer
In this subsection of the employment card format, the factory, human resources, or personnel manager should provide the details like name/address of the primary employer who can be the head of a government office or the director of the factory (owner/occupier). The principal employer can also be an agent or owner of a mine or the main supervisor of a company.
4. Name of the workman
In this subsection of the employment card format, the human resources must provide the name of the worker.
5. Serial number in the register of workmen employed
In this sub-section of the employment card format, the factory, staff, or personnel manager must enter the same serial number that they entered on the worker register. As per the Act, all employers are required to keep registers of workers on site which can be inspected by the authorized inspectors at any given time.
6. Nature of employment/designation
This section includes the Job type/title of the contract worker. In this subsection of the employment card format, the factory, staff, or personnel manager must indicate the worker's designation and the type of employment.
7. Wage rate with particulars or unit, in case of piece work
In this sub-section of the employment card format, the factory, human resources, or the human resources manager must declare the wage rate paid to workers. In the case of piecework, the unit rate is to be specified here. This should be according to the laws prescribed in the Payment of Wages Act 1936 or the minimum wages act followed by the state.
8. Wage period
In this subsection of the employment card format, the factory, human resources, or personnel manager should indicate the salary period based on which the salaries of the workers are calculated. It has also been constructed within the Act, that at any given point if the contractor fails to pay the contract worker on time or fails to give the pay to the worker within the age period, the principal employer has the authority to deduct the same from the contractor, both from the unpaid portion and as debt.
9. Tenure of employment
The concerned authority must list the employment status of each worker. The term of employment, the kind of contract he is entered into, and other details specifying the number of days or months he is committed to working for the establishment.
10. Remarks
If there are any specific comments or remarks that should be specifically mentioned for the employee or the contract worker, they should be mentioned in the remarks section by the concerned authority.
Entitlements
The employment card format makes the contract worker entitled and eligible for all the rules and specifications as mentioned in the Contract Labour (Regulation & Abolition) Karnataka Rules,1974. These include:
After the employment card format is issued to the contract worker, he is eligible for maintenance of registers and archives and collection of statistics by the employer or the contractor.
The employer will have to put details of the contract worker in the payroll register, deduction register, and overtime register. The main employer or contractor must post notices regarding wages, working hours, etc. in English and Kannada and must submit the declarations. The contractor or the principal employer will also have to maintain the Record of proof of salary payment and maintain the welfare and health of contract workers.
Provision of facilities
The employee card format makes the contract worker eligible for arrangements made by the contractor like canteens, break rooms, and proper sanitation facilities. The employer must cater to the provision of Urinals and provide water near latrines and urinals. The contract workers will be eligible for First aid facilities and other recreational measures as provided by the employers to all other workers.
The workers registered for the employment card format will be eligible for annual holidays, and after a certain tenure as workers in the establishment, they can take paid leaves. Their wages per unit or hour will be decided by the contractor and will be mentioned in the employment card format.
The employment card format is a significant identity card that makes all contract workers eligible for certain provisions, measures, and safety and welfare schemes as launched by the principal employer which can benefit the contract workers and their families in the long run. It is the prime duty of each worker and his contractor to maintain the employment card format as it can be asked for inspected and checked at any point within their employment period.
Besides the employment card format, the establishment must maintain other compliance forms concerning their place of work or contract employees which are given below.
Compliances specified by the Act
Form V – This form is related to the Certificate which is issued by the Principal Employer
Form XII – This form is related to the Register of Contractors
Form XIII – The facility should maintain a proper register of Workmen Employed by Contractor
Form XIV – This is the Employment Card Format that is specified in this article
Form XV - Service Certificate which is issued by the primary employer to the contract workers
Form XVI - Muster Roll or the attendance register to be maintained by the contractors
Form XVII – the contractor must fill out the form and maintain a Register of Wages
Form XIX - the contractor must fill out the form and maintain a Wages Slip
Form XX - the contractor must fill out the form and maintain a Register of Deductions for Damage or Loss
Form XXI – This form is related to the Register of Fines which showcases the deductions from the contract workers’ wages related t penalties or fines and the nature of such deductions
Form XXII – This form also deals with deductions made from the employees’ wages in the form of any kind of advances taken by the employees as Register of Advances
Form XXIII – This is a record of any kind of overtime hours delivered by the contact workers - Register of Overtime
Form XXIV – This form is related to the Return to be sent by the Contractor to the Licensing Officer
Form XXV- This form is the Annual Return of the Principal Officer to be sent to the Registering Officer
Conclusion
The Employment Card format is also known as Form XIV - Employment Card Format which is a vital constituent of the Contract Labour (Regulation & Abolition) Karnataka Rules,1974. Any plant, human resource, or personnel officer of an entity as defined by law must issue the employment card format or Form XIV to each employee (worker) within 3 days following the employee's entry into the company.
This is a mandatory compliance form filed by plant managers/human resources/company personnel which should always be retained and maintained by both, the employee and the employer. This employment card format should be presented to the authorized inspector at the time of inspection or whenever demanded.
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Key Takeaways
- The employment card format is also known as Form XIV - Employment Card Format
- This is specified under the Contract Labour (Regulation & Abolition) Karnataka Rules,1974 and is also applicable across the country as mentioned in Rule 76 of the Central Contract Labour (Regulation and Abolition) Rules 1971
- The contractor or the HR personnel must create and hand over the employment card format to the employee within 3 days of the arrival of the worker in the company
- The employment card format contains specific details about the worker, like his personal and professional details
- The employment card format has specifications regarding the contractor, nature of business, nature of work, and details about the principal employer
- This card should be maintained by the employer and the employee and should be presented for inspection whenever asked for
- The employment card format is more like an identity card for each contract worker
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