Transcript of "Contract Labour (Regulation And Abolition) Act, 1970"
Contract Labour (Regulation and Abolition) Act, 1970 AFTERSCHO ☺ OL – DEVELOPING CHANGE MAKERS CENTRE FOR SOCIAL ENTREPRENEURSHIP PGPSE PROGRAMME – World’ Most Comprehensive programme in social entrepreneurship & spiritual entrepreneurship OPEN FOR ALL FREE FOR ALL www.afterschoool.tk AFTERSCHO☺OL's MATERIAL FOR PGPSE PARTICIPANTS
Contract Labour (Regulation and Abolition) Act, 1970 Dr. T.K. Jain. AFTERSCHO☺OL Centre for social entrepreneurship Bikaner M: 9414430763 [email_address] www.afterschool.tk , www.afterschoool.tk www.afterschoool.tk AFTERSCHO☺OL's MATERIAL FOR PGPSE PARTICIPANTS
Applicability of the act <ul><li>20 or more workmen are employed as contract labour or were so employed anytime during last 12 months. [section 1(3)(a)] .this act will not apply to establishment where work of an intermittent or casual nature is performed. [section 1(5)(a)]. </li></ul>
Requirements… <ul><li>You will find contract labour in most of the factories, establishments, construction firms, organisations – in all these places typically, the company hires employees through a contractor – this is called contract labour. This labour is regulated through the law on contract labour. </li></ul>
Who is a contract labour? <ul><li>A workman is deemed to be employed as contract labour‘ in or in relation to work of the establishment, if he is hired for such work by or through a contractor, with or without knowledge of principal employer. [section 2(1)(b)]. </li></ul>
Contractor… <ul><li>who employs 20 or more workmen. [section 1(3)(b)]. The contractor shall be licensed. [section 12]. Contractor is required to maintain muster roll and register of wages. [section 29]. - - He is required to follow other provisions as may be contained in Rules made by Appropriate Government. Contractor is required to pay wages to workmen on time, in presence of authorised representative of principal employer. [section 21] </li></ul>
Mode of payment of wages. <ul><li>Contractor to issue wage slips to workman and obtain signature or thumb impression on wage register. if contractor fails to make payment of wages, Principal Employer is liable to make payment of wages to contract labour. He can recover this amount from contractor. [section 21(4)]. </li></ul>
Facilities to be provided to the workers…. <ul><li>Contractor is required to provide canteen facilities, first-aid, rest rooms, drinking water, latrines and washing facilities, as per rules made by State Government. [sections 16 and 17]. </li></ul>
Abolition of contract… <ul><li>Government can issue notification u/s 10 abolishing contract labour only after following prescribed procedure regarding consultation etc. - if such a notification is issued, the employees with contractor will not be automatically absorbed in the employment of the company, if the contact was genuine. However, company will give preference to them. (Steel authority of India Ltd. V/s national union water Front 2001 ) </li></ul>
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