Violation of Labour Laws for Contract Labours
V.V. Giri National Institute of Labour in their Impact Study report has not stated that close to 55 per cent of the workforce in the organised industry is on contract basis and they are not paid industry-wise minimum wages. However, the study had revealed that contract labour are being paid less wages than the wages given to the regular workers of Principal Employer even though contract labour perform same or similar kind of work. The estimated number of Contract labour of licensed contractors under Contract Labour (Regulation & Abolition) Act, 1970 is approximately 60 lacs in the country. Out of which 36% perform same or similar kind of work as of directly appointed workmen of Principal Employer.
As per the Contract Labour (Regulation & Abolition) Central Rules, 1971, the wages of the contract labour shall not be less than the rates prescribed under Minimum Wages Act, 1948 and in cases where the contract worker perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays , hours of work and other conditions of service shall be the same as applicable to the workmen directly employed by the principal employer doing the same or similar kind of work.
The workers doing same or similar work and not getting same wages can raise the issue before the appropriate “Government”. The Central Government is the appropriate Government in respect of the establishments falling in Central sphere. The private companies in non Government sector and un- organized sector come in State sphere. In the Central sphere, the complaints/grievances are received in the field offices of Chief Labour Commissioner (Central) Organization.
The details of prosecution launched and employers/persons convicted during last three years under the Contract Labour (Regulation & Abolition) Act, 1970, Minimum Wages Act, 1948 and Building And Other Construction Workers’ Act, 1996 is at Annexure-I.
Apart from above, the Central Government has prohibited employment of contract labour in various establishments in Central sphere through 84 Notifications issued from time to time under the Contract Labour (Regulation & Abolition) Act, 1970.
The matter regarding regularizing the contract workers as regular workers is not feasible as it will pave the way for back door entries in regular jobs.
The Union Labour & Employment Minister Shri Mallikarjun Kharge gave this information in a written reply in Rajya Sabha today.
- August 29, 2012: Implementation of Labour Laws in the Country
- Payment of Wages Act, 1936
- Payment of Gratuity Act, 1972
- Payment of Bonus Act, 1965
- Bonded Labour System (Abolition) Act, 1976
- Employee's State Insurance Act, 1948
- Employee's Provident Funds and Miscellaneous Provisions Act, 1952
- Equal Remuneration Act, 1976
- Unorganized Sector Workers' Social Security Act, 2008
- Industrial Disputes Act, 1947
- Industrial Employment (Standing Orders) Act, 1946
- Trade Unions Act, 1926
- Workmen's Compensation Act, 1923
- Factories Act, 1948
- Industries (Development and Regulation) Act, 1951
- Apprentices Act, 1961
- Collection of Statistics Act, 1953
- Maternity Benefit Act, 1961
- Child Labor (Prohibition and Regulation) Act, 1986
- Contract Labour (Regulation and Abolition) Act, 1970
- Mines Act, 1952