The Contract Labor (Regulation & Abolition) Act, 1970, of which the Employment Card Format, a.k.a. Form XIV - Employment Card For Employee is a part, covers the issues related to contract labor in companies operating within the Indian territory.
The Act's provisions apply to all factories, establishments, and contractors employing more than twenty (20) workmen on any of the preceding 365 days. As a fact, it is mandatory to register contract labor to use their services.
The Contract Labor (Regulation & Abolition) Act, 1970, of which the Employment Card Format, a.k.a. Form XIV - Employment Card For Employee, is a part, contains the following details:
The Contract Labor (Regulation & Abolition) Act, 1970 (Act No. 37 of 1970), of which the Employment Card Format, a.k.a. Form XIV - Employment Card For Employee, is a part, was enacted on 5th September 1970. The Act specifies the compliance forms, including the Employment Card Format.
All eligible employers must furnish this to the concerned authority as per the due dates mentioned in the compliance schedule.
This article explains the Employment Card Format or Form XIV - Employment Card For Employee in detail, including the definition, purpose, and the best way to fill the form.
For convenient understanding, this article has been divided into the following sections:
Form XIV - Employment Card For Employee, a.k.a Employment Card Format, is one of the many mandatory compliance forms to be submitted by Factory/ Human Resource/ Personnel Managers of companies under the purview of the Contract Labor (Regulation & Abolition) Act, 1970 (Act No. 37 of 1970).
Although the Employment Card Format or Form XIV - Employment Card For Employee is not a compliance form, employers must preserve copies of the card issued and present them to the officer at the time of inspection.
The rules pertaining to Form XIV - Employment Card For Employee, a.k.a Employment Card Format, are mentioned in Section 76 of the Contract Labor (Regulation and Abolition) Central Rules, 1971.
According to Section 76 of the Contract Labor (Regulation and Abolition) Central Rules, 1971, all contractors must issue the Form XIV - Employment Card For Employee to every employee within three (3) days of the workman's joining the company.
Moreover, the employee/ employer must maintain the card property, and all information contained in the card must be up-to-date. Also, if any changes happen in any particulars of the card, they must be entered immediately.
So, the Form XIV - Employment Card For Employee or Employment Card Format must remain updated at all times.
The details a Factory/ Human Resource/ Personnel Manager needs to enter in Form XIV - Employment Card For Employee, a.k.a Employment Card Format, are as follows:
Let's look at the compliance forms a Factory/ Human Resource/ Personnel Manager must submit every year to the concerned authority as per the Contract Labor (Regulation & Abolition) Act, 1970.
According to the Act, Factory/ Human Resource/ Personnel Managers must maintain and submit the following forms, besides preserving the Employment Card Format or Form XIV - Employment Card For Employee, to concerned authorities:
According to Section 76 of the Contract Labor (Regulation and Abolition) Central Rules, 1971, all contractors must issue the Form XIV - Employment Card For Employee to every employee within three (3) days of the workman's joining the company.
Here is a detailed description of the various sub-sections of the Employment Card Format or Form XIV - Employment Card For Employee:
The header section of the Employment Card Format contains three phrases - FORM XIV (See rule 76) and Employment Card.
This means the form the Factory/ Human Resource/ Personnel Manager has to fill is known as Form XIV, and it is according to the rules specified in Section 76 of the Contract Labor (Regulation and Abolition) Central Rules, 1971.
The name of the card is 'Employment Card.' It is worth noting that both the employer and the employees need to preserve a copy of the card with them at all times.
In this subsection of the Employment Card Format, the Factory, Human Resource, or Personnel Manager must mention the contractor's name.
According to Section 2(c), Chapter-1 of the Contract Labor (Regulation & Abolition) Act, 1970, a 'contractor' is one who goes beyond delivering goods to a company and produces results for the company. The contractor also engages in supplying contract labor to fulfill the work requirements of the company.
It is worth noting that a contractor may also supply sub-contractors.
In this subsection of the Employment Card Format, the Factory, Human Resource, or Personnel Manager needs to mention the name and address of the establishment (company) in/under which the contractor is carrying on the contract.
According to Section 2(e), Chapter-1 of the Contract Labor (Regulation & Abolition) Act, 1970, 'establishment' refers to any office/ department of a local authority or the Government. The term may also be used to indicate a place where any trade, business, industry, occupation, or manufacture is carried on.
In this subsection of the Employment Card Format, the Factory, Human Resource, or Personnel Manager needs to mention the nature and location of the work.
According to the Section 2(i), Chapter-1 of the Contract Labor (Regulation & Abolition) Act, 1970, a 'workman' is one who is employed or connected to an establishment in the capacity of skilled, unskilled, or semi-skilled supervisory, manual, or clerical work for reward or hires.
In this subsection of the Employment Card Format, the Factory, Human Resource, or Personnel Manager needs to mention the name and address of the principal employer.
According to the Section 2(g), Chapter-1 of the Contract Labor (Regulation & Abolition) Act, 1970, the principal employer refers to the head of a Government office or department, the Factory Manager (owner/Occupier) of a factory registered under the Factories Act, 1948 (Act No. 63 of 1948).
The principal employer may also refer to an agent or owner of a mine as mentioned in clause (j), clause (l), and clause (c) of subsection (1) of section 2 of the Mines Act, 1952 (Act No. 35 of 1952). Moreover, any establishment's principal supervisor can also be referred to as the principal employer.
In this subsection of the Employment Card Format, the Factory, Human Resource, or Personnel Manager needs to mention the workman's name. Section 2(i), Chapter-1 of the Contract Labor (Regulation & Abolition) Act, 1970, deals with the definition and scope of work of the 'Workman.'
In this subsection of the Employment Card Format, the Factory, Human Resource, or Personnel Manager needs to mention the same serial number they mentioned in the register of workmen.
According to Section 28(2a), Chapter VII of the Contract Labor (Regulation & Abolition) Act, 1970, all establishments must keep the register of workmen on the premises at all times so that any public authority in the service of the Government may check them whenever they deem it fit.
In this subsection of the Employment Card Format, the Factory, Human Resource, or Personnel Manager needs to mention the designation of the workman and the nature of employment.
In this subsection of the Employment Card Format, the Factory, Human Resource, or Personnel Manager needs to mention the rate of wage given to the workmen. The rate per unit must be mentioned here if the work is in pieces.
The meaning of the term 'Wage' is as per the meaning assigned to it by the Payment of Wages Act, 1936 (Act No. 4 of 1936) Clause (vi) of Section 2.
In this subsection of the Employment Card Format, the Factory, Human Resource, or Personnel Manager needs to mention the wage period based on which workmen's wages are calculated.
According to Section 21(4), Chapter V of the Contract Labor (Regulation & Abolition) Act, 1970, if a contractor fails to pay the workmens' wage at the end of the wage period, it is the principal employer's responsibility to make the payment and deduct it from the contractor either from the unpaid dues or as a debt.
In this subsection of the Employment Card Format, the Factory, Human Resource, or Personnel Manager needs to mention each workmen's employment tenure.
In this subsection of the Employment Card Format, the Factory, Human Resource, or Personnel Manager needs to include the remarks (if any).
Employment Card Format, a.k.a. Form XIV - Employment Card For Employee, is a part of the Contract Labor (Regulation & Abolition) Act, 1970.
Every Factory, Human Resource, or Personnel Manager of an establishment as defined by the Act must provide the Employment Card Format or Form XIV - Employment Card For Employee to every employee (workman) within three (3) days of the workmen's joining the company.
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