kamalnegi2
Hi, I am working as HR in contractor firm and we employed interstate migrant labour and labour for the same state so we have to take both licenses

1. Interstate Migrant worker license
2. Contract labour Licence.

Kindly suggest about the above problem.

From India, undefined
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Drsivaglobalhr
Doctor Siva Global Hr

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PRABHAT RANJAN MOHANTY
530

Dear kamalnegi,
You have to take both the licence first Contract labour & ISMW for engagement of people from other states above 10 or more, couple of days back it has been replied but you did not mind to check the posting.

From India, Mumbai
drsivaglobalhr
291

Dear Colleague,

Kindly read this along with the views shared by other Colleagues on this subject from time to time and now also:

Contract Labour (Regulation & Abolition) Act, 1970:

The Objective of the Contract Labour (Regulation and Abolition) Act, 1970 is to prevent exploitation of contract labour and also to introduce better conditions of work. A workman is deemed to be employed as Contract Labour when he is hired in connection with the work of an establishment by or through a Contractor.
1 4) It applies-
(a) to every establishment in which twenty or more workmen, art employed or were employed on any day of the preceding twelve months as contract labour.
(b) to every contractor who employs or who employed on any day of the preceding twelve months twenty or more workmen.
Provided that the appropriate Government may, after giving not less than two months' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any establishment or contractor employing such number of workmen less than twenty as may be specified in the notification.

####

Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.

The Objective of Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 is majorly to regulate the employment of interstate migrant workmen by specially providing the conditions of service and for matters connected therewith.

1(4) It applies-
(a) to every establishment in which five or more inter-State migrant workmen (whether or not in addition to other workmen) are employed or who were employed on any day of the preceding twelve months
(b) to every contractor who employs or who employed five or more inter-State migrant workmen (whether or not in addition to other workmen) on any day of the preceding twelve months.

The Object of both Acts are slightly different and Why Interstate Migrant Workmen Act is separately enacted has a big reason as per below reading as provided by the Ministry is reproduced :

In some States of India, the system of employment of Inter-State migrant labour known as Dadan Labour is in vogue. Dadan Labour is recruited from various parts of the State through contractors or agents called Sardars or Khatadars for work outside the State in large construction projects. At the time of recruitment Sardars or Khatadars promise that wages calculated in piece-rate basis would be settled every month but usually this promise is never kept. Once the worker comes under the clutches of the contractor, he takes him to a far-off place on payment of railway fare only. No working hours are fixed for these workers and they have to work on all the days in a week under extremely bad working conditions.

The provisions of the various labour laws are not being observed in their case and they are subjected to various mal practices. The question of protection and welfare of Dadan Labour was considered by the Twenty-eighth Session of the Labour Ministers' Conference held on 26th October 1976 at New Delhi. It was recommended to set up a Compact Committee to go into the whole question and to suggest measures for eliminating the abuses prevalent in the system. Accordingly in February, 1977 the Compact Committee was constituted and it recommended, inter alia, that a separate Central legislation may be enacted to regulate the employment of inter-State migrant workmen as it was felt that the provisions of the Contract Labour (Regulation and Abolition) Act, 1970, even after necessary amendments, would not adequately take care of the variety of mal practices indulged in by the contractors, Sardars or Khatadars.
The recommendations of the Compact Committee were examined in consultation with the State Government the and the Ministries in the Government of India. Accordingly the Inter-State. Migrant Workmen (Regulation of Employment and Conditions of Service) Bill, 1979 was introduced in the Parliament and subsequently the Act came into force.

Hence there will be 2 Licenses and 2 Registrations as of now in the system one under the Provisions of Contract Labour ( R& A) Act and the other under Interstate Migrant Workers Act 1979 to be followed.

For information as you might be aware already, in the prosed Code on Occupational Safety, Health and Working Conditions 2020, the applicability of the provision of Contract Labour and Interstate Migrant Workers is proposed to upgraded to 50 and 10 respectively on which the effective date / notification is still awaited.

Thanks and God Bless,
Dr.P.SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu

From India, Chennai
kamalnegi2
Thank you Mr. Prabhat and Dr. P. Shivkumar for your valuable reply.
From India, undefined

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