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Dear all,
I'm priya working in seamless tube manufacturing company in Dadra & Nagar haveli(Union Territory). I have a doubt please i need suggestions. Contract Labour (Regulation & Abolition) Act, 1970 & Rules 1971 is silent about the safety aspect of contarct labour, it only focuses about the health hygine and amenities need to provide by principal employer.
please correct me if i'm wrong. and my query is who is going to bear the expenses in case any industrial accident in acse of labour contract employee.
Is it 50- 50 ratio or principal employer is 100% Responsibility.
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Even-though the worker is a contract labour, the safety aspect will get covered under Factories Act. In case of any Industrial Accident of any Contract labour while on duty and during the course of employment, they will be taken care by Employees Compensation Act. The medical expenditure will be borne by the Employer and not the worker.
Thanks S. Bhaskar,
i agree with your statement. but my query is company is principal employer and the contract employee is directly under the contractor. so any responsibility is there for contractor or not? or the principal employer is going to bear total expenditure in case of any industrial accident.
Hi Priya,
As Per Workmen Compensation Act Section 12:--
In case part of the work of an establishment is contracted out to a contractor and a worker employed by the contractor for this purpose, is injured then, the principle employer and not the contractor (who is the worker’s immediate employer), is responsible to pay compensation as though the worker was directly employed by him.
However, this principal employer holds the right to be indemnified by the person who would normally pay for the compensation of an injured/deceased worker, i.e. the contractor. However, nothing shall prevent the worker from claiming his compensation from the principal employer.
Dear Priya ,
1. principal employer is responsible for compensation against any mishap with - Contractor , contract worker , visitors , auditors or any one who is in his premises.
2. Please note that you can use contract worker for temporary type of work , Now days housekeeping also not considered as a contact work as it is day to day work and it is of permanent type of work .
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