Dear HR Professional, I'm studying the definition for Contract Labour. But I didn't get the exact definition . Can anyone explain a right definition for "Contract Labour" according to CLRA ACT?
From India, Chennai
From India, Chennai
4250
The CLRA itself explains the 'contract labour', pl.see the definition according to the act:
"2. Definitions.-(1) In this Act, unless the context otherwise requires,-
(a) 'appropriate Government' means,-
(i) in relation to an establishment in respect of which the appropriate Government under the Industrial Disputes Act, 1947 (14 of 1947), is the Central Government;
(ii) in relation to any other establishment, the Government of the State in which that other establishment is situated.
(b) a workman shall be deemed to be employed as "contract labour" in or in connection with the work-of:-an establishment when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer.
(c) "contractor", in relation to an establishment, means- a person who undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor ; ............
Unquote:
Workers Employed To Perform Perennial/Permanent Nature Of Work Can't Be Treated As Contractual Workers : Supreme Court Allows Regularisation
Read the judgment here in this links:
1) https://www.livelaw.in/supreme-court/workers-employed-to-perform-perennialpermanent-nature-of-work-cant-be-treated-as-contractual-workers-supreme-court-allows-regularisation-252130.(The Bench Comprising Justices P.S. Narasimha and Sandeep Mehta opined that the permanent or perennial nature of...)
2) The Supreme Court, vide its judgement dated March 12, 2024, in the case of Mahanadi Coalfields Limited v. Brajrajnagar Coal Mines Workers’ Union [Civil Appeal No(s). 4092-4093/2024], has held that the workers who are engaged in the performance of work which is perennial or permanent in nature would not be classified as contractual workers.
What's your doubt or what kind of info do you require friend ?
From India, Bangalore
"2. Definitions.-(1) In this Act, unless the context otherwise requires,-
(a) 'appropriate Government' means,-
(i) in relation to an establishment in respect of which the appropriate Government under the Industrial Disputes Act, 1947 (14 of 1947), is the Central Government;
(ii) in relation to any other establishment, the Government of the State in which that other establishment is situated.
(b) a workman shall be deemed to be employed as "contract labour" in or in connection with the work-of:-an establishment when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer.
(c) "contractor", in relation to an establishment, means- a person who undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor ; ............
Unquote:
Workers Employed To Perform Perennial/Permanent Nature Of Work Can't Be Treated As Contractual Workers : Supreme Court Allows Regularisation
Read the judgment here in this links:
1) https://www.livelaw.in/supreme-court/workers-employed-to-perform-perennialpermanent-nature-of-work-cant-be-treated-as-contractual-workers-supreme-court-allows-regularisation-252130.(The Bench Comprising Justices P.S. Narasimha and Sandeep Mehta opined that the permanent or perennial nature of...)
2) The Supreme Court, vide its judgement dated March 12, 2024, in the case of Mahanadi Coalfields Limited v. Brajrajnagar Coal Mines Workers’ Union [Civil Appeal No(s). 4092-4093/2024], has held that the workers who are engaged in the performance of work which is perennial or permanent in nature would not be classified as contractual workers.
What's your doubt or what kind of info do you require friend ?
From India, Bangalore
An employer employing the worker through an employment agency or contractor is called a contract worker.
Here the employer is principal employer and the employing agency is employer for the contractor worker.
From India, Vadodara
Here the employer is principal employer and the employing agency is employer for the contractor worker.
From India, Vadodara
A workman said to be Contract Labour, where that employee employed under a contractor. Further, the work of the contractor is bound by contract. Where an employer is not the principal employer but works for the PE is called workman of acontractor.
From India, Mumbai
From India, Mumbai
A workman shall be deemed to be employed as " contract labour" in or in connection with the work of an establishment when he is hired in or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the Principal Employer.
1. The contract labour is a workman of a contractor for the purpose of other enactments applicable for relationship of employee and employer.
2. Contract labour is employed in other establishment in relation to the work of that establishment of Principal employer.
3. Contract labour is employed through a contractor in the establishment of the Principal Employer
4. Contract labour is employed in the establishment of the Principal Employer with or without knowledge of the Principal Employer.
From India, Pune
1. The contract labour is a workman of a contractor for the purpose of other enactments applicable for relationship of employee and employer.
2. Contract labour is employed in other establishment in relation to the work of that establishment of Principal employer.
3. Contract labour is employed through a contractor in the establishment of the Principal Employer
4. Contract labour is employed in the establishment of the Principal Employer with or without knowledge of the Principal Employer.
From India, Pune
The term "Contract Labour" as defined under the Contract Labour (Regulation and Abolition) Act, 1970 (CLRA Act) in India refers to workmen who are hired, supervised, and paid by a contractor who, in turn, has a contract to provide these services to a principal employer. Essentially, these workers do not have a direct employment relationship with the principal employer for whom the work is performed.
Key points under the CLRA Act:
Contractor: A person or entity that undertakes to produce a given result for the principal employer through contract labour or who supplies contract labour for any work.
Principal Employer: The entity or person who engages the contractor and is ultimately responsible for ensuring that the provisions of the CLRA Act are complied with.
Establishment: The place where the work is carried out, which may include the industry, factory, business, or office where contract labour is employed.
The Act primarily focuses on the regulation of employment conditions of contract labour, aiming to ensure their welfare and to protect them from exploitation. It also provides for the abolition of contract labour in certain circumstances where it is deemed necessary by the government.
From India, Chennai
Key points under the CLRA Act:
Contractor: A person or entity that undertakes to produce a given result for the principal employer through contract labour or who supplies contract labour for any work.
Principal Employer: The entity or person who engages the contractor and is ultimately responsible for ensuring that the provisions of the CLRA Act are complied with.
Establishment: The place where the work is carried out, which may include the industry, factory, business, or office where contract labour is employed.
The Act primarily focuses on the regulation of employment conditions of contract labour, aiming to ensure their welfare and to protect them from exploitation. It also provides for the abolition of contract labour in certain circumstances where it is deemed necessary by the government.
From India, Chennai
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