Anonymous
20

Dear Seniors,

Greetings for the day!!!

First of all i would like to thank my seniors for their suggestions for every problem posted in citehr.

My query is given below:

In my organization all the operator positions like 1st class boiler attendant,2nd class Boiler attendant,Turbine Operators,CHP operators,Lab Chemist,ETP/WTP operators,fitters & Welders ect.... Under contract rolls

I need your advice in this regard" employment of control labour in core activities in the State of Telangana is prohibited or not?
Is above positions comes under "Core activities'?

As per my knowledge and collection from citehr below information collected but still expecting suggestions from seniors :

The State amendment of Andhra Pradesh in 2003 which introduced a clause restraining the employment of Contract Labour in core activities of any establishment if the same was prohibited by Notification .But it introduced the following exemptions.

[a]. The normal functioning of the establishments is such that the activity is ordinarily done through contractors; or

[b]. The activities are such that they do not require full time workers for the major portion of the working hours in a day or for longer periods, as the case may be;

[c] Any sudden increase of volume of work in the core activity which needs to be accomplished in a specified time"

Also the Andhra Pradesh Amendment introduced a definition clause for "core activities" of an establishment meaning as any activity for which establishment is set up which includes any activity which is essential or necessary to the core activity and it again provides certain exceptions which are follows:-

1]. Sanitation works, including sweeping, cleaning, dusting and collection and disposal of all kinds of waste;

2]. Watch and ward services including security service;

3]. Canteen and catering services;

4]. Loading and unloading operations;

5]. Running of hospitals, educational and training institutions, guest houses, clubs and the like where they are in the nature of support services of an establishment;

6]. Courier services which are in nature of support services of an establishment;

7]. Civil and other constructional works, including maintenance;

8]. Gardening and maintenance of lawns, etc;

9]. Housekeeping and laundry services, etc., where they are in nature

support services of an establishment;

10]. Transport services including ambulance services;

11]. Any activity of intermittent in nature even if that constitutes a
core activity of an establishment; and

12]. Any other activity which is incidental to the core activity.

Also a rider was introduced by the Andhra Pradesh Amendment that the above 12 activities by themselves should not be the core activities of such establishment.

It must be noticed that the Andhra Pradesh Amendment has force only in Andhra Pradesh State and not in the rest of the Country.

Pls find the enclosed GO copy👇

From India, Karimnagar

Attached Files (Download Requires Membership)
File Type: pdf Go on Core Activity-Contract labor (2).pdf (13.7 KB, 18 views)

KK!HR
1155

The bold step of AP Govt. in 2003 was a path breaking moment in the Contract labour management of the country. While other states were toying with the prohibited trades and activities, Andhra Pradesh was innovative in defining the areas where contract labour could be deployed regularly or otherwise without the legal issues of regularisation etc. My understanding is that the State has only listed out the non-core activities where contract labour could be deployed without any questions and whether any trade or activity is prohibited is to be verified from records.. Obviously this was a step much welcomed by the industries and helped in creating the image of being an employer friendly state. As an offspring of Andhra Pradesh, Telangana has inherited the same and would be applicable there too.
As regards the issue whether the operations mentioned in the query are core activities or not, it is not mentioned as to what is the nature of the business your establishment is having. Section 2(dd) defining the Core Activity reads as follows
“(dd)” Core Activity of an establishment” means any activity for which the establishment is set up and includes any activity which is essential or necessary to the core activity, .but does not include ...... It appears you are seeking information for a thermal power plant, obviously the items mentioned like boiler attendants ,Turbine Operators, CHP operators, Lab Chemist, ETP/WTP operators, fitters & Welders are essential and necessary for the establishment, so will be core activity

From India, Mumbai
Dear Colleague,

Very well guided by our Collage in the above reply. Your understanding on the provisions is very perfect and to add:

What is a Core activity is depends on many factors which are to be studied further deeper in line with the below clauses. On such question, the " Designated Authority" is only competent to arrive his recommendation and then he submits his report to the Government further. Only Government decides which is core and non-core apart from the exceptions given under the Act.

Hence it has to be studied in synchronization with nature of your organization and purpose and in line with whether it falls within the meaning of activity for which the establishment is set up and activity essential or necessary to the core activity. the final decision is rest with Government only. Such situation arise only when there is a representation by any aggrieved party or stake holder like Licensing Authority /Inspector under the Act etc.


Hence unless it is questioned, tested, examined and studied by " Designated Authority" and his recommendation comes as a GO from Government finally, as well in the absence of any prohibition notification under section 10, the activities mentioned can not be concluded as Core or Non- Core.

Hence from Management Perspective unless until you provide all Statutory benefits, Comply with all Labour Laws and also (provided) if the Contractors are Licensed / you if have also registered the said contractors in your Registration Certificate, then it is in line with the Provisions of the CLRA. Extend all benefits to them in line with Labour Laws including Welfare, PF, ESI, Bonus, Safety, Gratuity etc through Contractors and make clear contract agreement. Have only Licensed Contractors under the CLRA.


Reproduced relevant provisions:

ANDHRA PRADESH ACT 010 OF 2003 : CONTRACT LABOUR (REGULATION AND ABOLITION) (ANDHRA PRADESH AMENDMENT) ACT, 2003

2"(dd) "Core Activity of an establishment" means any activity for which the establishment is set up and includes any activity which is essential or necessary to the core activity

ANDHRA PRADESH ACT 010 OF 2003 : CONTRACT LABOUR (REGULATION AND ABOLITION) (ANDHRA PRADESH AMENDMENT) ACT, 2003

10.(1) Prohibition of employment of Contract Labour.- Notwithstanding anything contained in this Act, employment of contact Labour in Core Activities of any establishment is prohibited;

Provided that the Principal employer) may engage Contract Labour or a Contract for to any core activity, if

(a) the normal functioning of the establishments is such that the activity is ordinarily done through Contractors, or

(b) the activities are such that they do not require full time workers for the major portion of the working hours in a day or for longer periods as the case may be

(c) any sudden increase of volume of work in the core-activity which needs to be accomplished in a specified time;

ANDHRA PRADESH ACT 010 OF 2003 : CONTRACT LABOUR (REGULATION AND ABOLITION) (ANDHRA PRADESH AMENDMENT) ACT, 2003

(2)(a) Designated Authority.- The ‘Appropriate Government’ may by notification in the official gazette appoint a designated authority to advise them on the question whether any activity of a given establishment is a core activity for otherwise;

(b) If a question arises as to whether any activity of an establishment is a core-activity or otherwise the aggrieved party may make an application in such a form and manner as may be prescribed, to the appropriate Government for decision;

(c) The appropriate Government may refer any question by itself or such application made to them by any aggrieved party as prescribed in clause (b), as the case may be, to the designated authority, which on the basis of relevant material in its possession, or after malting such an enquiry as deemed fit shall forward the report to the appropriate Government, within a prescribed period and thereafter the appropriate Government shall decide the question within the prescribed period.

From India, Chennai

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