Engagement of workers through Contractors by the Ministries and Departments of Central Government – Guidelines by Labour Ministry

File No. 14(113) Misc. RLC (Coord)/2012
Government of India
Ministry of Labour and Employment
Office of the Chief Labour Commissioner

Shram Shakti Bhavan,
New Delhi-110001
Dated:- January 23, 2013

OFFICE MEMORANDUM

 

Subject: Engagement of workers through Contractors by the Ministries and Departments of Central Government.

 

It has been noticed in the recent past that a large number of workers are being engaged on contract by various central Government Ministries and Departments. Parliament Questions have been received in this regard apart from various complaints relating to non-compliance of various provisions of law. These include wages and social security benefits flowing out of various legislations.

Similarly in cases where the workmen employed by the contractor 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 of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work. 

You may be aware that Government has enacted. the Contract Labour (Regulation and Abolition) Act, 1970 and central rules made 

Section 24 Other offences.—If any person contravenes any of the provisions of this Act or any rules made thereunder for which no other penalty is elsewhere provided, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. .provide penalty for contravention of Other offences shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. 

It is also noticed that some establishments are engaging contract workers in the employments which have been prohibited under section 10 of the Contract Labour (Regulation and Abolition) Act, 1970. Some principal employers and contractors are violating the provisions of Act & Rules. 

In view of above, the employing departments are hereby notified to ensure the compliance of the provisions of the Act & Rules in all establishments including PSUs under them. 

sd/-

(B.K Sanwariya)

Chief Labour Commissioner (C) 

Source: http://www.icar.org.in/files/Engagement-18-02-2013.pdf