We have outsourced 10 staff for the occupational health center, including a doctor, nurse, pharmacist, sweeper, driver, and helper. Is it mandatory to obtain a labor license since there is a supply of manpower exceeding 9?
From India,
Acknowledge(0)
Amend(0)
From India,
Acknowledge(0)Amend(0)
The Contract Labour (R&A) will apply only if the strength of contractual staff exceeds 20. Since the Act itself is not applicable, there is no necessity to take a license until the contractual strength reaches 20.
From India, Pune
Acknowledge(0)Amend(0)
66From India, Pune
Acknowledge(0)Amend(0)
Actually, the applicability of the contract labor act (minimum number) varies from state to state. Since the original post does not provide the details, it is not possible to definitively state that they are not covered under the act.
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Sir,
The issue pertains to Gujarat state, where the minimum requirement for a labor license is 10. I am inquiring whether the hospital contract or the nature of work involving medical or para-medical staff that is outsourced is exempt from obtaining a license.
Thank you.
From India,
Acknowledge(0)Amend(0)
The issue pertains to Gujarat state, where the minimum requirement for a labor license is 10. I am inquiring whether the hospital contract or the nature of work involving medical or para-medical staff that is outsourced is exempt from obtaining a license.
Thank you.
From India,
Acknowledge(0)Amend(0)
Understanding the Normative Nature of the CL Act
All of you, please understand that the CL Act is normative legislation. This means that while a state can't make the eligibility of the Act for more than 20 contract workers, a state can make this Act applicable for establishments engaging fewer than 20 contract workers. For establishments under the state rules in Andhra Pradesh, the Act is applicable for 10 or more contract workers.
Almost all labor laws are normative; the benefits or facilities you extend should not be less favorable than those stipulated in the respective Acts.
Regards,
Shrikant
From India, Mumbai
Acknowledge(0)Amend(0)
All of you, please understand that the CL Act is normative legislation. This means that while a state can't make the eligibility of the Act for more than 20 contract workers, a state can make this Act applicable for establishments engaging fewer than 20 contract workers. For establishments under the state rules in Andhra Pradesh, the Act is applicable for 10 or more contract workers.
Almost all labor laws are normative; the benefits or facilities you extend should not be less favorable than those stipulated in the respective Acts.
Regards,
Shrikant
From India, Mumbai
Acknowledge(0)Amend(0)
BTW you can’t outsource ALL employees, you need to have at least 1 employee of principle employer.
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Please review the corrected text:
---
Definition of Contract Labour
Please have a look at the definition of contract labour given in the act. It refers to any person who is working on your premises because you have a contract with their actual employer to deliver certain services other than the sale of a product.
So, there is nothing in the rules that says labour is manual work or anything to do with the factory. Every person who is on a contract, irrespective of the work they're doing, including highly skilled engineering people, is covered.
So, you need to register, and the contractor needs to get a license.
From India, Mumbai
Acknowledge(0)Amend(0)
---
Definition of Contract Labour
Please have a look at the definition of contract labour given in the act. It refers to any person who is working on your premises because you have a contract with their actual employer to deliver certain services other than the sale of a product.
So, there is nothing in the rules that says labour is manual work or anything to do with the factory. Every person who is on a contract, irrespective of the work they're doing, including highly skilled engineering people, is covered.
So, you need to register, and the contractor needs to get a license.
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
TELANGANA-Onlin e Renewal Of License Under Contract Labour (Regulation And Abolition) Act, 1970 I.pdf
Contract Labour Act.zip
SELF-CERTIFICAT E PROFORMA UNNDER CONTRACT LABOUR (R&A) ACT, 1970.doc