Hi all,
I just wanted to know if someone can trace any document or official gazette released by the government regarding the liability of the principal employer in engaging contractors or subcontractors. It would be of great help if you could help me with this.
Shravan
From India, Hyderabad
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2I just wanted to know if someone can trace any document or official gazette released by the government regarding the liability of the principal employer in engaging contractors or subcontractors. It would be of great help if you could help me with this.
Shravan
From India, Hyderabad
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The CLRA Act and Rules specify the conditions of deployment of contract labour in any establishment. As per Rule 25(v) (b) The Labour Commissioner has power to specify the conditions of work etc in any employment. Pl consult the same with regard to the notification issued by the respective State Government in which the contract labour is deployed. Rule 25 of the Central Rules is attached for reference.
25. Forms and terms and conditions of licence.—
(1) Every licence granted under sub-section (1) of section 12 shall be in For m VI.
(2) Every licence granted under sub-rule (1) or renewed under rule 29 shall be subject to the following conditions, namely:—
(i) the licence shall be non-transferable;
(ii) the number of workmen employed as contract labour in the establishment shall not, on any day, exceed the maximum number specified in the licence;
(iii) save as provided in these rules, the fees paid for the grant, or as the case may be, for renewal of the licence shall be non-refundable;
(iv) the rates of wages payable to the workmen by the contractor shall not be less than the rates prescribed under the Minimum Wages Act, 1948 (11 of 1948), for such employment where
applicable and where the rates have been fixed by agreement, settlement or award, not less than the rates so fixed;
(v) (a) in cases where the workman employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the
wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work:
Provided that in the case of any disagreement with regard to the type of work the same shall be decided by the Deputy Chief Labour Commissioner (Central)
(b) in other cases the wage rates, holidays, hours of work and conditions of service of the workmen of the contractor shall be such as may be specified in this behalf by the Deputy Chief Labour Commissioner (Central);
Explanation.—
While determining the wage rates, holidays, hours of work and other conditions of services under (b) above, the Deputy Chief Labour Commissioner (Central) shall have due regard to the wage rates, holidays, hours of work and other conditions of service obtaining in similar employments;
(vi) (a) in every establishment where twenty or more women are ordinarily employed as contract labour, there shall be provided two rooms of reasonable dimensions for the use of their
children under the age of six years,
(b) one of such rooms shall be used as a play room for the children and the other as bed room for the children,
(c) the contractor shall supply adequate number of toys and games in the play room and sufficient number of cots and bedding s in the sleeping room
(d) the standard of construction and maintenance of the creches shall be such as may be specified in this behalf by the Chief Labour Commissioner (Central); (vii) the licensee shall notify any change in the number of workmen or the conditions of work to the licensing officer;(viii) the licensee shall, within fifteen days of the commencement and completion of each contract work submit a return to the Inspector,
The Contract Labour (Regulation and Abolition) Central Rules, 1971 appointed under section 28 of the Act intimating the actual date of the commencement or, as the case may be, completion of such contract work in Form VIA);
[(ix) a copy of the licence shall be displayed prominently at the premises where the contract work is being carried on];
[x) no female contract labour shall be employed by any contractor before 6.00 a.m. or after 7.00 p.m.:
Provided that this clause shall not apply to the employment of wmen in pithead baths, creches and canteens and so to midwives and nurses in hospitals and dispensaries.]
From India, Mumbai
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25. Forms and terms and conditions of licence.—
(1) Every licence granted under sub-section (1) of section 12 shall be in For m VI.
(2) Every licence granted under sub-rule (1) or renewed under rule 29 shall be subject to the following conditions, namely:—
(i) the licence shall be non-transferable;
(ii) the number of workmen employed as contract labour in the establishment shall not, on any day, exceed the maximum number specified in the licence;
(iii) save as provided in these rules, the fees paid for the grant, or as the case may be, for renewal of the licence shall be non-refundable;
(iv) the rates of wages payable to the workmen by the contractor shall not be less than the rates prescribed under the Minimum Wages Act, 1948 (11 of 1948), for such employment where
applicable and where the rates have been fixed by agreement, settlement or award, not less than the rates so fixed;
(v) (a) in cases where the workman employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the
wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work:
Provided that in the case of any disagreement with regard to the type of work the same shall be decided by the Deputy Chief Labour Commissioner (Central)
(b) in other cases the wage rates, holidays, hours of work and conditions of service of the workmen of the contractor shall be such as may be specified in this behalf by the Deputy Chief Labour Commissioner (Central);
Explanation.—
While determining the wage rates, holidays, hours of work and other conditions of services under (b) above, the Deputy Chief Labour Commissioner (Central) shall have due regard to the wage rates, holidays, hours of work and other conditions of service obtaining in similar employments;
(vi) (a) in every establishment where twenty or more women are ordinarily employed as contract labour, there shall be provided two rooms of reasonable dimensions for the use of their
children under the age of six years,
(b) one of such rooms shall be used as a play room for the children and the other as bed room for the children,
(c) the contractor shall supply adequate number of toys and games in the play room and sufficient number of cots and bedding s in the sleeping room
(d) the standard of construction and maintenance of the creches shall be such as may be specified in this behalf by the Chief Labour Commissioner (Central); (vii) the licensee shall notify any change in the number of workmen or the conditions of work to the licensing officer;(viii) the licensee shall, within fifteen days of the commencement and completion of each contract work submit a return to the Inspector,
The Contract Labour (Regulation and Abolition) Central Rules, 1971 appointed under section 28 of the Act intimating the actual date of the commencement or, as the case may be, completion of such contract work in Form VIA);
[(ix) a copy of the licence shall be displayed prominently at the premises where the contract work is being carried on];
[x) no female contract labour shall be employed by any contractor before 6.00 a.m. or after 7.00 p.m.:
Provided that this clause shall not apply to the employment of wmen in pithead baths, creches and canteens and so to midwives and nurses in hospitals and dispensaries.]
From India, Mumbai
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May I know what if the contract labourer met with an accident and the liability of the principal employer in that?
From India, Coimbatore
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From India, Coimbatore
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In principle, yes. However, nowadays all principal employers ensure that contractors comply with all statutory requirements, including health and safety, and coverage of all workmen under the Employees' Compensation Policy before the commencement of work. Some employers are not even issuing any gate passes before fulfilling the above requirements to avoid their liability.
Suresh
From India, Thane
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Suresh
From India, Thane
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Dear Friend,
Mr. KK has provided a comprehensive description for your query. In short, the Principal Employer is responsible for all liabilities in case the contractor fails to comply, which may include worker's compensation as well. This is because the Principal Employer holds the registration for deploying contract labor within their premises. It is recommended to thoroughly review the Contract Labour (Regulation and Abolition) Act, 1970 for clarity on the subject.
From India, Mumbai
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Mr. KK has provided a comprehensive description for your query. In short, the Principal Employer is responsible for all liabilities in case the contractor fails to comply, which may include worker's compensation as well. This is because the Principal Employer holds the registration for deploying contract labor within their premises. It is recommended to thoroughly review the Contract Labour (Regulation and Abolition) Act, 1970 for clarity on the subject.
From India, Mumbai
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Hi All, I really appreciate everyone's responses. You have provided great insights in this discussion. Any further suggestions or internal discussions would be greatly appreciated. Thank you, Mr. KK, for the detailed description and Mr. Prabhat for the briefing.
From India, Hyderabad
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From India, Hyderabad
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