Yes, it is possible. The lien on the goods arises from the contractor`s right to be properly paid for the goods delivered to an employer. The existence of a lien on the goods and the extent of this right are determined by a corresponding contractual clause. A right of retention for goods whose ownership is transferred to an employer upon delivery or installation on a construction site may exist if contractually provided. However, most works contracts do not provide for the contractor`s ownership rights in the goods and supplies produced for the work. While the engineer or architect usually has a contractual obligation to act impartially between the contractor and the employer, in practice, the engineer in particular often follows the employer`s line. Due to complications in the Indian political landscape, the laws governing the use of independent contractors need to be thoroughly researched and strictly adhered to. If this does not happen, it means that the organization has violated Indian labor laws and is therefore subject to sanctions. The OSH Code introduces a specific obligation towards major employers, i.e.

if a primary employer of an institution employs contract work through an unlicensed contractor who must obtain a licence under the Health Protection Code, such employment of temporary workers would be considered a violation of the OSH Code. which may be sanctioned by sanctions in accordance with the provisions of the Occupational Health and Safety Code. The contractor is responsible for the employee, his or her terms and conditions of employment and the payment of wages. [3] The salary period is determined by the contractor and must not exceed one month. In the case of employees, employers withhold taxes on behalf of their employees and transfer them. In contrast, independent entrepreneurs pay their taxes and generally withhold value added tax (VAT) and transfer it on behalf of their customers. In another case decided by the Supreme Court, the Court considered a complicated factor, such as who provided the equipment to complete the work. The Court held that if the employer provides the equipment, it can be considered a service contract. In addition, the court confirmed that if the independent contractor uses the employer`s tools, especially if they have significant value, it is generally assumed that he follows the owner`s instructions in their use, indicating that the owner is the master craftsman and therefore the employer.5 Basically, there are two types of employees within an organization. First, typical full-time employees, then independent contractors such as “freelancers”, “consultants”, “portfolios”, etc. The boundaries of differences in this classification of employees are sometimes blurred and worry government decision-makers and law enforcement agencies. On more than one occasion, several organizations have misclassified their employees.

This practice is called misclassification of employees. Most construction contracts contain corresponding provisions for an amendment to the law. In general, an employer bears the risk arising from a change in the law and any resulting delay can be tolerated by granting the contractor an extension of time. Section 64A of the Sale of Goods Act 1930 provides that in the event of an increase or decrease in tax or the imposition of a new tax on the goods as a result of the conclusion of a contract for the sale or purchase of goods in the absence of a provision on the payment of such a tax, any increase would entitle the seller to add the corresponding amount of the contract price, and the buyer would be obliged to pay the increased amount to the seller. However, in the event of a tax reduction, the buyer would be entitled to deduct the corresponding amount from the reduced amount of the contract price, and the seller would be obliged to pay this amount to the buyer. The provision applies to all customs or excise duties on goods and to all taxes on the sale or purchase of goods. Yes. Indian law recognizes the use of explicit and implicit terms in a construction contract. Although explicit terms are easily identifiable, implicit terms should be read in a contract while examining the intent of the parties. However, these conditions must not violate the commercial objective pursued by the contract as it is understood between the parties. While there are no agreed terms that may be implicit in a construction contract, some obligations are understood to be implicitly binding on both the employer and the contractor. For example, a contractor is expected to perform its duties in the exercise of a standard of care and provide materials that are appropriate for the specified work.

An independent contractor has no legal right to benefits. It is the terms of the service contract that exclusively govern the agreement between the employer and the independent contractor. Therefore, in such cases, the question of benefits usually does not arise. In contrast, employer-employee relationships, including contract workers, are governed by a service contract, and all statutory benefits apply to these relationships. Benefits include, but are not limited to, pension funds, pension plans and deposit-related insurance plans, government employee insurance, workers` compensation, tips, statutory allowances, maternity benefits, vacation, and vacation (under central or country-specific laws), etc. It is imperative to note that in the case of contract workers, it is the contractor`s responsibility to ensure that workers receive these benefits. Only in the event of a delay or failure by the contractor will the primary employer be held liable. 2.1 Is it customary for construction contracts to be supervised by a third party (e.g., an engineer) on behalf of the employer? Does such a third party have an obligation to act impartially between the contractor and the employer? If so, what is the nature of such an obligation (e.g., .