Important Clarifications On Contract Labour - Business Manager-HR Magazine

Dear Friends,
Few days back one of our cite HR member Mr. Anshuman requested me to reply certain questions related to Contract Labour.
Since all the questions seem to be of much relevance, I thought it proper to share answers of all questions with cite HR community as it may serve as valuable clarification on certain issues of Contract Labour which every HR person would like to know.
Looking for your feed back.
Regds,
Anil Kaushik
Chief Editor - Business Manager - HR Magazine
B-138, Ambedkar Nagar, Alwar- 301001(Raj.) India
[Login to view]
Mob. : 09829133699

Dear Anil,
I wish to know brief description of HR Magazine. Could you please forward the contents of HR Magazine and subscription details through any soft copy to this mail id.
[Login to view]
Thanks and Regards,
sreehari

Dear Mr. Kaushik,
Clarification given by you in the form of question n answer on engaging contract labour along with the case laws is very knowledgable for our HR Professionals.
Thanks for the posting.
ANIL KHOT

Dear Friend,
It is very informative and useful to those who employs contract labour.
Regards,
G.K.Manjunath

Excellent information for HR professionals. very handy in dealing with recruitment affairs.
Regards,
Tariq Pervaiz
TradeKey

Excellent information clarified a lot of doubts. Could you also through some light on "fixed term employment in terms of a. can a whole facility consist of fixed term contract workers b. is it applicable for employment of all the workers for eg. in a cut and sew factory or limited to some workers specialized in particular operations"?

Dear Mr. Anil,
Can you share amendment made by Andhra Pradesh Govt. in CL Act in 2003, in respect of clarification of Jobs / Activities in connection with its perennial nature of work.
Regards,
Rahul Bagale

Dear

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.

With Regards

Advocates & Notaries & Legal Consultants

E-mail : rajanassociates@eth,net,

-9025792684.

thank you Shri Kaushik for attaching such a concise valuable attachment. All HR personnel should retain a copy of this attachment for future reference.

Business Manager continues to add real value of HR Pro. I request members of the forum to support the cause by sharing their experience.