Saswatabanerjee
Partner - Risk Management
Dmc123
Legal Consultancy
+2 Others

we have outsourced the 10 of staff for occupational health center i.e. doctor,nurse,pharmacist,sweeper,driver and helper,is it mandatory to take labour license as there is supply of manpower is more than 9.
25th May 2015 From India,
The Contract Labour (R&A) will apply only if the strenght of contractual staff exceeds 20. Since the Act itself is not applicable, there is no necessity to take licence till the contractual strength goes up to 20.
26th May 2015 From India, Pune
Actually, contract labour act applicability (minimum number) varies from state to state.
Since the original post does not provide the details, it is not possible to definitely state that they are not covered under the act.

27th May 2015 From India, Mumbai
sir,
the issue is belong to gujarat state where the minimum strength for labour license is 10 but i mean that the hopsital contrcat or the nature of work where medical or pera -medical staff is outsourced ,which is exempted to take license or not?
28th May 2015 From India,
All you people please understand that CL Act is normative legislation. In the sense that a state can't make eligibility of Act for more than 20 contract workers, but a state can make this Act applicable for establishment engaging less 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 the labour laws are normative, benefits / facilities you extend should not be less favourable than those stipulated in respective Acts.
Shrikant
7738665045
29th May 2015 From India, Mumbai
BTW you can’t outsource ALL employees, you need to have at least 1 employee of principle employer.
29th May 2015 From India, Mumbai
Please have a look at the definition of contract labour given in the act. It refers to any person who is working in your premises because you have a contract with his actual employer to deliver certain services other than sale of. Please have a look at the definition of contract labour given in the act. It refers to any person who is working in your premises because you have a contract with his actual employer to deliver certain services other than sale of a product.
So, there is nothing in the rules that says labour is Manuel work or anything to do with the factory. Every person who is on a contract, irrespective of what work he's doing, including highly skilled engineering people, are covered.
So, you need to register and the contractor needs to get a license

30th May 2015 From India, Mumbai
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