Security employees are employed through an agency under contract for the protection of the factory. These security personnel have no direct or indirect relation with production; they are solely responsible for protection. The Security Agency holds a license under the Contract Labour (R&A) Act. In this scenario, does the Factories Act apply to the security agency?

Please advise.

Regards,
Shitala Singh

From India, Delhi
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Any person employed in factory premises, whether through direct employment or through a contract, is considered a workman under the Factories Act (FA), and all the provisions of the FA apply to them. Hope I have answered to your satisfaction.
From India, Mumbai
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Dear Manjit98930,

Understanding the Applicability of the Factories Act and CLRA

The Factories Act (FA) is a principal act applicable to any factory, while the Contract Labour (Regulation and Abolition) Act (CLRA) is applicable in certain circumstances. The objectives of CLRA are different from those of FA.

I have answered the queries related to his specific query. Now, in response to your query, the applicable compliances under CLRA are to be met by both the Principal Employer and the contractor security agency.

Regards,

From India, Mumbai
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