BOCW registration and Contract Labour License applicable simultaneously for a Contractor/Employer? As a minimum of 10 workers are necessary for BOCW, and for Contract Labour, a minimum of 20 workers is required. How can we correlate these two laws and their options? Kindly explain.
Regards,
Anurag Gupta
From India, Pune
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Regards,
Anurag Gupta
From India, Pune
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Dear Colleague,
This questions is answered several times in this form by our colleagues and you may read it for full understanding.
As far as Contract Labour Regulation and Abolition Act 1970 there are 2 basic requirements: 1) The Principal Employer has to apply and get Registration Certificate for engaging contract workers in his establishment as and when 20 number is reached by adding the number of contract workers engaged by his contractors in total 2) Each contractor who are engaging 20 or more contract workers has to apply and get the License under the CLRA 1970.
As far as BOCW Act the employer has to apply for registration:
―employer‖ in relation to an establishment, means the owner thereof, and includes—
(i) in relation to a building or other construction work carried on by or on behalf of a local authority or other establishment, directly without any contractor, the chief executive officer of that authority or establishment;
(ii) in relation to a building or other construction work carried on by or through a contractor, or by the employment of building workers supplied by a contractor, the contractor;
The objective of BOCW Act is:
An Act to regulate the employment and conditions of service of building and other construction workers and to provide for their safety, health and welfare measures and for other matters connected therewith or incidental thereto.
The CLRA Act's objective is :
n Act to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith
So both CLRA and BOCW Act are applicable for Building and other Contraction Activities or for establishments who do such activity.
The Number 20 under the contract labour act and the number mentioned in BOCA and other acts need not be same. For instance in case of Interstate Migrant Workers Act the number is 5 or more workers. Each Act is operating with certain basic purpose and objective and the numbers are fixed by Government keeping those objectives in mind.
From India, Chennai
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321This questions is answered several times in this form by our colleagues and you may read it for full understanding.
As far as Contract Labour Regulation and Abolition Act 1970 there are 2 basic requirements: 1) The Principal Employer has to apply and get Registration Certificate for engaging contract workers in his establishment as and when 20 number is reached by adding the number of contract workers engaged by his contractors in total 2) Each contractor who are engaging 20 or more contract workers has to apply and get the License under the CLRA 1970.
As far as BOCW Act the employer has to apply for registration:
―employer‖ in relation to an establishment, means the owner thereof, and includes—
(i) in relation to a building or other construction work carried on by or on behalf of a local authority or other establishment, directly without any contractor, the chief executive officer of that authority or establishment;
(ii) in relation to a building or other construction work carried on by or through a contractor, or by the employment of building workers supplied by a contractor, the contractor;
The objective of BOCW Act is:
An Act to regulate the employment and conditions of service of building and other construction workers and to provide for their safety, health and welfare measures and for other matters connected therewith or incidental thereto.
The CLRA Act's objective is :
n Act to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith
So both CLRA and BOCW Act are applicable for Building and other Contraction Activities or for establishments who do such activity.
The Number 20 under the contract labour act and the number mentioned in BOCA and other acts need not be same. For instance in case of Interstate Migrant Workers Act the number is 5 or more workers. Each Act is operating with certain basic purpose and objective and the numbers are fixed by Government keeping those objectives in mind.
From India, Chennai
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The intent of CLR Act is to regulate the contract labor and abolish the contract labor system in place. It is to be noted that the construction industry and the work are also characterized by its casual nature, temporary relationship between employer and employee, uncertain working hours, and therefore do not provide an opportunity to regulate employment in any way.
It has also been considered necessary to levy a cess on the cost of construction incurred by the employers on the building and other construction works to ensure sufficient funds for the Welfare Board to undertake social security schemes and welfare measures. Hence, there is no reason observed for the implementation of both Acts at a time which does not regulate the service of construction workers engaged.
I request your views on it.
From India, Mumbai
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It has also been considered necessary to levy a cess on the cost of construction incurred by the employers on the building and other construction works to ensure sufficient funds for the Welfare Board to undertake social security schemes and welfare measures. Hence, there is no reason observed for the implementation of both Acts at a time which does not regulate the service of construction workers engaged.
I request your views on it.
From India, Mumbai
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THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970.doc
The Contract Labour (Regulation And Abolition) Haryana Amendment Act, 2016.pdf