Contractor Duties in Factories: Who Ensures Worker Welfare When BOCW Doesn't Apply?

Hello seniors,

I am new to this community and have a query. It is understood that the BOCW Act is not applicable to factories and mines. In such cases, what is the responsibility of the contractor or the principal employer for the welfare of the workers working there? Should the contractor pay the labor cess?

Dear Swaroop,

When there is no application of the BOCW Act, the levy of cess does not arise. I think if the subscription for the State Labour Welfare Board is paid in respect of contract labor also, it would meet the purpose.

Thank you, sir.

Kindly provide your input on the fact that although ESI coverage is there for the workers under BOCW, is ESI mandatory when BOCW is applicable?

Dear RBISWAROOP@YAHOO.COM,

Let me take the opportunity to reply to you. Even though BOCW is applicable, ESI is mandatory. Both Acts are distinct with different objectives, and the benefits under each Act are entirely different. Therefore, you cannot take a stand that you are paying cess under the BOCW, so you will not cover your employees under ESIS.