35 Interesting Questions related to Contract labour
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35 Interesting Questions related to Contract labour

vikramlamhe Started The Discussion:

Dear Friends,


I am sharing herewith 35 Important Questions related to engagment of Contract labour & looking forward for the answer of these questions from Labour Laws Experts & CITEHR members.

SOME IMORTANT QUESTIONS RELATED TO CONTRACT LABOUR

1. What are the differences between contract labour and outsourcing? Which is better option and why?

2. Is Contract labour Act applicable when jobs and services are outsourced?

3. What are the non-perennial and non-permanent jobs which can be assigned to contract labour?

4. Can we have permanent employees and contract labour working side by side on the same job?

5. What is the best ratio between permanent and contact labour? Can we engage 100% contract labour?

6. Can we have different wages and other terms for permanent employees and contract labour doing the same or similar job?

7. Can we transfer casuals/temporaries on the rolls of contractor?

8. Application and implication of P.F., ESI, Bonus, Gratuity and other statutory benefits to contract labour, casuals etc. and how to ensure compliance?

9. How to ensure submission of PF and ESI returns by the contractor?

10. How to get a new PF code number from PF authorities?

11. Security, Housekeeping, Drivers, Canteen, Horticulture etc. on contract/voucher payment. Sustainability? Is there any Case laws?

12. Liability of principal employer for injury, illness, disability, death etc.

13. Can and should the employer have a say in the number and selection of contract labour?

14. Who is to take disciplinary action against contract labour? Under what rules? Are standing orders applicable to contract labour?

15. Is it necessary and desirable to issue employment card/gate pass/identity card to contract labour? If so under whose authority/signature? Safeguards?

16. Each contractor engaging less than 20 but together they engage more than 20. Will the provisions of registration, licensing and other statutory provisions apply?

17. Statutory requirements and precautions in awarding contract for safeguarding managements interests.




18. If License not renewed but contractor continues to work legal implications including permanency?

19. Contractor changing but contract labour not changing implications, precautions required?

20. Contract terminated due to unsatisfactory performance of the contractor, contractor leaves can contract labour claim permanency? What should employer do?

21. Contract labour terminated through a settlement. Should principal employer be a party?

22. When contractor runs away leaving his workforce and supervisor, how to manage work and labour and who is to handle pending conciliation reference?

23. What to do if the contractor refuses to pay the labour?

24. What are the action required to be taken by the management after abolition of contract labour?

25. Can management challenge the decision of appropriate Govt. regarding abolition of jobs?

26. Should contractor and contract labour be rotated? Why? How often?

27. How to reduce number of contract labour?

28. Contract labour demanding permanency How to handle?

29. Contract labour demanding similar benefits as permanent employees. Is the claim legally valid?

30. Is Pension Scheme also applicable to contract labour?

31. Is Minimum Wages Act applicable to contract labour?

32. What is the liability of Principal Employer in the case of sub-contracting?

33. What are the implications of Supreme Court Judgment in the SAIL case reversing earlier Air India Judgment?

34. Implications and liabilities of temporary/casual/probationer employees/trainees? Is there any maximum duration?

35. What is the relevance of 180/240 days & what are the Implication of breaks?

Regards,

Vikram Singh
9810102421

hande_pritam - Member Since: Feb 2011
Hi Vikram, Have you got the answers???? Regards, Pritam.

vikramlamhe - Member Since: Nov 2005
Dear Mr. Pritam, I am looking for the answers. Regards, Vikram Singh 9810102421


Attached FilesProvided by community member vikramlamhe. Join us to learn and grow with your peers.
File Type: doc SOME IMORTANT QUESTIONS RELATED TO CONTRACT LABOUR.doc (22.5 KB, 3241 views)
swapnil.jathar - Member Since: Jan 2008
Hi, You may find answers to most of your questions in the attached document which I found while surfing the net. The source is unknown. Regards, Swapnil


Attached FilesProvided by community member swapnil.jathar. Join us to learn and grow with your peers.
File Type: pdf Contract+Labour+-+Clarifications.pdf (46.1 KB, 3226 views)
123punchbala123 - Member Since: Apr 2009
Dear Vikram,

Here is the full answer to most of your questions, thanks to Mr. Swapnil



Q. What is the difference between contract labour and outsourcing? Which is better
option and why?
Ans. Neither the term “Contract Labour” nor the term “outsourcing” has been defined under
Contract Labour Act.The intention of ultimate net result of both the terms appears to be
same. Term “outsourcing” has been coined very intelligently to create confusion between
the two.
“Contract Labour” is a term which is applied to man power engaged by somebody else to
produce a given result to principal employer where this man power has no direct relationship
of employer-employee with the principal employer. This includes the simple supply of
manpower to principal employer by contractor where contractor is not involved in specified
activity.
“Outsourcing” conveys more or less same meaning. When an employer engages somebody
else to deliver a specified result where employer is not involved with the man power
engagement or supervision or control activity over such man power. If any activity which is
outsourced to someone and carried outside the premises of the principal employer, such
manpower engaged will not be termed as “workman” under Contractor Labour Act.
It is not the nomenclature of the term but the real intent to decide when it is a Contract
Labour or outsourcing. It can also be said like contract labour reflect manpower where as
outsourcing reflects the job or the activity.
Bombay High Court in the case of Sudhir Kondiram Jadhav (2002 I CLR 97) has held that
workers employed by agencies will be the Contract Labour under the Act.
Q. Is Contract Labour Act applicable when jobs and services are outsourced?
Ans. When the jobs and services are outsourced and are carried out in some other premises
not being premises under controlled and management of the principal employer, Contract
Labour Act will not apply. For all other jobs and services outsourced which are carried out in
the premises of the principal employer will be covered under the Contract Labour Act.
Q. What are the non-perennial and non-permanent jobs which can be assigned to
contract labour?
Ans. Neither the “perennial” nor the “permanent” term has defined under the Act. The word
Important Clarifications
On Contract Labour
“perennial” has been used under sec. 10(2)(b) where it is said that if the job exists for
sufficient duration will be considered as of “perennial” nature. The act no where prohibits
engagement of contract labour on any job or activity or service unless it is prohibited by the
Appropriate Govt. under the provisions of the Act. Andhra Pradesh State Govt. has amended
the CL Act in 2003 and clarified the jobs / activities on which contract labour can be deployed
but no other state has moved in this direction to bring clarity on this point. At present contract
labour can be engaged on any permanent nature of job in strict legal sense but yes, it
should be avoided as this may become a basis for the state Govt. to prohibit employment of
contract labour on that particular job / activity / service in the industry.
Q. Can we have permanent employees and contract labour working side by side on
the same job?
Ans. Yes! As explained above unless it is prohibited by the Govt.
Q. What is the best ratio between permanent and contact labour? Can we engage
100% contract labour?
Ans. There is no guide line provided under the Act about this ratio. The concept of
engagement of contract labour or giving job on contract basis originated to get the things
done in a given time frame to be paid on the basis of net result and not on the number of
manpower involved and this can always be applied to those areas of the industry where
activities are such that they do not require full time workers for the major portion of the
working hours or any sudden increase of volume of work which needs to be accomplished
in a specified time. So 100% contract labour can’t be engaged unless the whole industry is
leased out to someone else, who ultimately becomes the principal employer for the
manpower engaged by him. In my view ideal ratio of contract labour, to keep the healthy
industrial relations should be around 70/30 (70% to be engaged by principal employer and
30% through contract labour).
Q. Can we have different wages and other terms for permanent employees and
contract labour doing the same or similar job?
Ans. Though, rules framed under Contract Labour Act by Central Govt. as well as State
Govts. carry a condition [central rule 25 (2) (v)(a) & (b)] that where the workmen 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 principal employer of this establishment on the same
or similar kind of work but if, there is an disagreement with regard to the type of work, shall
be decided by the concerned labour commissioner.
But recently Supreme Court in the case of U.P. Rajya Vidyut Utpadan Board case (2010
LLR 453) has clarified that nature of work, duties and responsibilities, attached to the job of
permanent workmen and contract labour are relevant in comparing and evaluating as to
whether the workmen employed through contractor perform the same or similar kind of
work as the workmen directly employed by the principal employer. Degree of skills and
various dimensions of a giving job have to be gone into to reach a conclusion that nature of
duties of the workmen in two categories are on par or otherwise. Often the difference may
of a degree. It is well settled that nature of work can’t be judged by mere volume of work;
there may be qualitative difference as regards reliability and responsibility.
However, Madhya Pradesh High Court in the case of Steel Authority of India Ltd. case (
2007 LLR 79) has held that the workers through contractor under CL Act will be entitled to
equal wages which were being paid to regular employees.
Q. Can we transfer casuals/temporaries on the rolls of contractor?
Ans. As principal employer one should not do it. Transfer from the rolls of principal employer
the rolls of contractor establishes that contract is sham and camouflage and the real control
and supervision is of principal employer. Even if one wants to do this, better way would be
to first clear full and final accounts, severe the relationship of principal employer and casual
/temporary workmen by proper documentation. Then contractor can engage / employ such
casual / temporary workmen on his rolls. In this whole process documentation is the key to
establish whether the arrangements are genuine or fake.
Q. Liability of principal employer for injury, illness, disability, death etc.
Ans. Principal Employer is fully responsible in case of injury, illness, disability or death
unless the contract labour is covered under ESI with his contractor employer.
Q. Can and should the employer has a say in the number and selection of contract
labour?
Ans. No! Once the job / services / activities are allocated to a contractor under proper
agreement, principal employer should not have a say in number and selection of contract
workmen, at least on documents. If the principal employer is selecting the contract labour,
appointing them under the name of contractor, it is sufficient to establish the relationship
employer-employee between the principal employer and the so called contract labour.
Q. Who is to take disciplinary action against contract labor? Under what rules? Are
standing orders applicable to contract labour?
Ans. Contractor as employer in relation to contract workman should take disciplinary action
against such errant workman under the service rules of his organization / terms of
employment. Standing Orders are not applicable to contract labour as the definition of the
workman under Industrial Employment Standing Order Act does not cover contract labour
unless your Standing Orders cover this category.
Q. Is it necessary and desirable to issue employment card/gate pass/identity card to
contract labour? If so under whose authority/signature? Safeguards?
Ans. Yes! It is very much desirable. Issue of employment card / identity card is an obligation
under the provisions of contract labour act and rules. Employment card / Gate pass / indentity
card should be issued by and under the seal of contractor because he is their employer.
Management of principal employer should not involve themselves in this activity.
Q. Each contractor engaging less than 20 but together they engage more than 20.
Will the provisions of registration, licensing and other statutory provisions apply?
Ans. In this situation, principal employer will be under legal obligation to obtain registration
under the contractor labour act but individual contractors having less than 20 workmen will
not be required to obtain license under the act as the same does not apply to them. However,
there is a catch. If a contractor employs 20 persons on any day during the preceding 12
months, act will apply.
Q. Statutory requirements and precautions in awarding contract for safeguarding
managements interests.
Ans. Principal Employer should execute well drafted agreement and other documents to
establish the relationship of principal employer and contractor. Principal employer should
not establish the supervision and control over the contract labour for carrying out any activity.
It is advisable to have the expert services for this whole process. Because any minute
lacunae in drafting of various documents may land principal employer and the organization
in trouble in case of dispute. I strongly discourage the growing habit of copy paste exercise
normally concerned managers do while engaging contractor for their organization in terms
of various documents. This should not be done because each organization has its own
specifications, limitations, nature of work and requirements etc.
Q. License not renewed but contractor continues to work – legal implications
including permanency?
Ans. Even if the license of the contractor is not renewed but continues to work, contractor
labour can’t claim permanency with the principal employer merely on this ground. However
contractor can be prosecuted for the violation of the provisions of the act for not getting his
license renewed. Karnataka High Court in the case of Steel Authority of India Ltd. (1990) 64
FLR 573 has held that licensing is only a regulatory measure and it does not create any
privilege. Bombay High Court in the case of General Labour Union (Red Flag) has held that
the employees engaged by a contractor to run a canteen for a company does not become
employees of the company if the contractor fails to register the contract with the appropriate
authorities. Supreme Court in the case of Deena Nath (1992 LLR 46) has held that
consequence on non compliance with the provisions related to registration and license is
penal.
Punjab & Haryana High Court in the case of Food Corporation of India (2008 LLR 391) has
held that when the contractor does not possess valid license only penal provisions would
be attracted and it is no where provided that such contract labour would become the
employees of principal employer.
Q. Contractor changing but contract labour not changing – implications, precautions
required?
Ans. The situation where contractor in changing but contract labour remain same may be
viewed against the principal employer as it reflects against the spirit of the act unless the
shift of labour from one contractor to other is properly documented. This may lead to
declaration of sham contract. Supreme Court in R.K. Panda case (1994 LLR 634) has held
that workers working under different contractor for last 10 years will be absorbed by the
principal employer.
Q. Contract terminated due to unsatisfactory performance of the contractor,
contractor leaves – can contract labour claim permanency? What should employer
do?
Ans. No! In this situation contract labour can’t claim permanency in the organization. The
moment, contract is terminated, the workers employed by such contractor looses the right
to enter into the premises of the principal employer to work as it is the responsibility of the
contractor to either keep such labour under his employment or clear their accounts. If principal
employer allows such contract labour to work in the premises without any tag / identification,
in all probabilities such contract labour will be deemed as the workmen of the principal
employer.
Q. Contract labor terminated through a settlement. Should principal employer be a
party?
Ans. No! Principal employer should not become a party to such a settlement executed
between the contractor and his workman. It is a mutual matter between the contractor as
employer and his workman.
Q. When contractor runs away leaving his workforce and supervisor, how to manage
work and labor and who is to handle pending conciliation reference?
Ans. It is for the contractor to discharge his responsibility as employer towards his workmen.
If he runs away leaving his workforce, in no way principal employer is responsible for taking
care of them in strict legal sense except payment of wages, if not paid by the contractor.
Principal employer should not involve himself in the conciliation reference.
Q. What to do if the contractor refuses to pay the labour?
Ans. Principal Employer is responsible and under legal obligation to pay wages to the
workmen employed by contractor in the premises in case contractor refuses to pay [sec. 21
(4)] of the Act. Kerala High Court in the case of Cominco Benani Zinc Ltd. case (1989 LLR
123) has also held that if the contractor fails to pay wages to his employees engaged by
him, principal employer will be liable to pay the same.
Q. Action required to be taken by the management after abolition of contract labour?
Ans. Principal Employer is prohibited to engage contract labour on such job / activity /
service which is abolished by the Appropriate Govt. In such situation principal employer
should not engage contract labour for such job / activity / service. If he does so, such
contract labour would be deemed as the employees of the principal employer.
Q. Can management challenge the decision of Appropriate Govt. regarding abolition
of jobs?
Ans. Yes! Management can challenge the decision of the Appropriate Govt. regarding
abolition of jobs in High Court through writ.
Q. Should contractor and contract labour be rotated? Why? How often?
Ans. Rotating contract labour and contractor for the same job / activity / service may be
held as unfair labour practice unless there are sound reasons and proper documentation
exists in favour of principal employer as bonafide action.
Q. How to reduce number of contract labour?
Ans. First, by identifying the jobs / activities / service which are regular and perennial in
nature and organization requires constant labour. Secondly replace such contract labour
by regular workmen by the company.
Q. Contract labour demanding permanency – How to handle?
Ans. Ensure that your engagement of contract labour system in the organization is genuine.
All documentation including appointment, supervision and control should be sufficient to
establish that contract is not sham. I suggest to seek expert advice and avail such services
as this is very sensitive issue.
Q. Contract labour demanding similar benefits as permanent employees. Is the claim
legally valid?
Ans. Yes! Their claim may be legally valid as it is already provided in the Act that contract
labour is entitled for equal wage, benefits and facilities doing the same or similar kind of
work as employees of principal employer.
Q. Is Minimum Wages Act applicable to contract labour?
Ans. Yes! Rules framed under Contract Labour Act by Central Govt. as well as State Govts.
carry a condition [central rule 25 (2) (iv)] that rates of wages payable to the workman by the
contractor shall not be less than the rates prescribed under the Minimum Wages Act for
such employment where applicable and where the rates have been fixed by agreement,
settlement or award not less than the rates so fixed. Moreover all State Govts. have included
the category of Contract Labour under their respective MW notifications.
Q. What is the liability of Principal Employer in the case of sub-contracting?
Ans. Same - as in the case of contractor. Because, as per the provisions of the Act sub
contractor is covered in the definition of the contractor.
Q. Implications and liabilities of temporary/casual/probationer employees/trainees?
Is there any maximum duration? Relevance of 180/240 days? Implication of breaks?
Ans. Contract Labour Act does not provide any where the status of workman as temporary
/ casual / probationer / trainee. It is for the contractor to employ his workman in his
organization as he wants. It is no where going to affect the principal employer.
29. What changes are likely to be made in the contract labour Act as a part of Labour
Law reforms?
Ans. Industrial Disputes Act has already being amended recently with reference to definition
to workman, introduction of grievance redressal committee, right of workman to approach
labour court directly in case of individual dispute etc. Govt. is also considering amending
Contract Labour Act which is in terms of providing clear cut equal benefits and wages to
contract labour with regular workman but such considerations are at very preliminary stage
and no one knows whether it takes shape or not.
• • •

pbskumar2006 - Member Since: Mar 2006
Dear Mr. Vikram ji,

Your 35 questions are not totally attracted the meaning of "CONTRACT LABOUT ACT". Firstly please calrify your questions are related to Act or General Contract with employee - employer agreement.? Firstly know the contract labout Act.

Regards,
PBS KUMAR


Quote:
Originally Posted by vikramlamhe View Post
Dear Friends,


I am sharing herewith 35 Important Questions related to engagment of Contract labour & looking forward for the answer of these questions from Labour Laws Experts & CITEHR members.

SOME IMORTANT QUESTIONS RELATED TO CONTRACT LABOUR

1. What are the differences between contract labour and outsourcing? Which is better option and why?

2. Is Contract labour Act applicable when jobs and services are outsourced?

3. What are the non-perennial and non-permanent jobs which can be assigned to contract labour?

4. Can we have permanent employees and contract labour working side by side on the same job?

5. What is the best ratio between permanent and contact labour? Can we engage 100% contract labour?

6. Can we have different wages and other terms for permanent employees and contract labour doing the same or similar job?

7. Can we transfer casuals/temporaries on the rolls of contractor?

8. Application and implication of P.F., ESI, Bonus, Gratuity and other statutory benefits to contract labour, casuals etc. and how to ensure compliance?

9. How to ensure submission of PF and ESI returns by the contractor?

10. How to get a new PF code number from PF authorities?

11. Security, Housekeeping, Drivers, Canteen, Horticulture etc. on contract/voucher payment. Sustainability? Is there any Case laws?

12. Liability of principal employer for injury, illness, disability, death etc.

13. Can and should the employer have a say in the number and selection of contract labour?

14. Who is to take disciplinary action against contract labour? Under what rules? Are standing orders applicable to contract labour?

15. Is it necessary and desirable to issue employment card/gate pass/identity card to contract labour? If so under whose authority/signature? Safeguards?

16. Each contractor engaging less than 20 but together they engage more than 20. Will the provisions of registration, licensing and other statutory provisions apply?

17. Statutory requirements and precautions in awarding contract for safeguarding managements interests.




18. If License not renewed but contractor continues to work legal implications including permanency?

19. Contractor changing but contract labour not changing implications, precautions required?

20. Contract terminated due to unsatisfactory performance of the contractor, contractor leaves can contract labour claim permanency? What should employer do?

21. Contract labour terminated through a settlement. Should principal employer be a party?

22. When contractor runs away leaving his workforce and supervisor, how to manage work and labour and who is to handle pending conciliation reference?

23. What to do if the contractor refuses to pay the labour?

24. What are the action required to be taken by the management after abolition of contract labour?

25. Can management challenge the decision of appropriate Govt. regarding abolition of jobs?

26. Should contractor and contract labour be rotated? Why? How often?

27. How to reduce number of contract labour?

28. Contract labour demanding permanency How to handle?

29. Contract labour demanding similar benefits as permanent employees. Is the claim legally valid?

30. Is Pension Scheme also applicable to contract labour?

31. Is Minimum Wages Act applicable to contract labour?

32. What is the liability of Principal Employer in the case of sub-contracting?

33. What are the implications of Supreme Court Judgment in the SAIL case reversing earlier Air India Judgment?

34. Implications and liabilities of temporary/casual/probationer employees/trainees? Is there any maximum duration?

35. What is the relevance of 180/240 days & what are the Implication of breaks?

Regards,

Vikram Singh
9810102421


Attached FilesProvided by community member pbskumar2006. Join us to learn and grow with your peers.
File Type: pdf NOTES ON CONTRACT LABOUR2.pdf (115.9 KB, 1673 views)
File Type: pdf Contract Labour - Clarifications.pdf (46.1 KB, 1101 views)
vikramlamhe - Member Since: Nov 2005
Thanks Mr. Panchbala,

But I am still looking out for the answeras of following 6 questions.related contract labour


How to ensure submission of PF and ESI returns by the contractor?

10. How to get a new PF code number from PF authorities?

11. Security, Housekeeping, Drivers, Canteen, Horticulture etc. on contract/voucher payment. Sustainability? Is there any Case laws?


more at 35 Interesting Questions related to Contract labour
30. Is Pension Scheme also applicable to contract labour?




33. What are the implications of Supreme Court Judgment in the SAIL case reversing earlier Air India Judgment?

34. Implications and liabilities of temporary/casual/probationer employees/trainees? Is there any maximum duration?

35. What is the relevance of 180/240 days & what are the Implication of breaks?

chital - Member Since: Oct 2007
I would like to know what are the total hours of working for contract staff including lunch hours

Manish_7737589825 - Member Since: Mar 2011
Dear Chital ,

Rules framed under Contract Labour Act by Central Govt. as well as State
Govts. carry a condition [central rule 25 (2) (v)(a) & (b)] that where the workmen 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 principal employer of this establishment on the same
or similar kind of work but if, there is an disagreement with regard to the type of work, shall
be decided by the concerned labour commissioner

pv.lokhande@yahoo.in - Member Since: Dec 2012
can we hire contractor with his contract lisions , with pf,esic registration. no. Rgds pankaj



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