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Mrunal (n/a)     11 December 2007

leaves for Contract labours

Hi,

I newly join this forum,

I wanted to know that whether there is any provision of leave for Contract labour under the Contract labour ( Regulation & Abolition Act). I dont find any such provision. If there is no such provisions then what are thr general rules regarding the leaves of Contract labours.

 

Pl. reply. It is urgent for me.

 

Regards.

 


Learning

 8 Replies

Shambasiv (n/a)     12 December 2007

There is no provision dealing on leaves. However, you have to maintain the register of wages and muster roll in irder to calculate the wages at the end of the month. I have extracted the salient features of the act below:

he main features of the [highlight= rgb(255, 255, 136);]CLRA[/highlight] Act can be summarised thus:-

The Act applies to every establishment in which 20 or more workmen are employed or were employed on any day on the preceding 12 months as contract labour and to every contractor who employs or who employed on any day of the preceding 12 months 20 or more workmen. It does not apply to establishments where the work performed is of intermittent or casual nature. The Act also applies to establishments of the Government and local authorities as well.

The Central Government and the State Governments are required to set up Central Advisory Board and State Advisory Boards, which are authorised to constitute Committees as deemed proper. The functions of the Boards are advisory, on matters arising out of the administration of the Act as are referred to them. The Boards carry out the functions assigned to them under the Act.

The establishments covered under the Act are required to be registered as the Principal Employer. Likewise, every contractor to whom the Act applies is required to obtain a licence and not to undertake or execute any work through contract labour except under and in accordance with the licence issued.

The Act has provided for establishment of canteens. For the welfare and health of contract labour, provision is made for restrooms, first aid, wholesome drinking water, latrines and urinals. In case of failure on the part of the contractor to provide such facilities, the Principal Employer is made liable to provide the amenities.

The contractor is required to pay wages and a duty is cast on him to ensure disbursement of wages in the presence of the authorised representative of the Principal Employer. In case of failure on the part of the contractor to pay wages either in part or in full, the Principal Employer is liable to pay the same. In case the contract labour perform same or similar kind of work as regular workmen, they will be entitled to the same wages and service conditions as regular workmen as per the Contract Labour (Regulation and Abolition) Central Rules, 1971.

The Act makes provision for the appointment of Inspecting staff, for maintenance of registers and records, for penalties for the contravention of the provisions of the Act and Rules made thereunder and for making Rules for carrying out the purpose of the Act. In the central sphere, officers of the CIRM have been appointed as Inspectors.

Apart from the regulatory measures provided under the Act for the benefit of the contract labour, the ΓÇÿappropriate governmentΓÇÖ under section 10(1) of the Act is authorised, after consultation with the Central Board or State Board, as the case may be, to prohibit, by notification in the official gazette, [url=view_topic.php?id=307&forum_id=27&highlight=CLRA#][color=""blue""]employment[/color][/url] of contract labour in any establishment in any process, operation or other work.

Sub-section (2) of Section 10 lays down sufficient guidelines for deciding upon the abolition of contract labour in any process, operation or other work in any establishment and the ΓÇÿappropriate governmentΓÇÖ while taking action under this Section will have to take an overall picture of the industry carrying on similar activities. The guidelines furnished under sub-section (2) oblige the ΓÇÿappropriate governmentΓÇÖ to consider, as relevant data, the material to which it must have regard. The Central Government on the recommendations of the Board has abolished contract labour [url=view_topic.php?id=307&forum_id=27&highlight=CLRA#][color=""blue""]system[/color][/url] in a number of jobs in different industries and so far 75 notifications have been issued.

PBS KUMAR (n/a)     12 December 2007

Dear Mrunal ji,

Regarding leave position of the contract labour under CLR Act. What ever the provisions as per the Factories Act is concern the same will be applicable to all the contract labour, as per the recent ammendments.

So, the leaves pertaining to the contract labour as applicable like the regular workmen as per the factories act. i.e. as an adult worker who has worked 20 days contineously works one day leave will be credited.

If the agreement is made between the contractor and principal employer regarding any other leaves as such it will be applicable.

Regards,

PBS KUMAR

 

 

 

Mrunal (n/a)     13 December 2007

Dear Sir,

 

Thanks for the information, but can you pl. provide the details that under which ammedment these leave provisions are issued.

Regards,

Mrunal

saumya.swarup (n/a)     06 February 2008

 

please advise in case the contract labour engaged in corporate office ?

regards

 

 

[user=389]PBS KUMAR[/user] wrote:
"Dear Mrunal ji,

Regarding leave position of the contract labour under CLR Act. What ever the provisions as per the Factories Act is concern the same will be applicable to all the contract labour, as per the recent ammendments.

So, the leaves pertaining to the contract labour as applicable like the regular workmen as per the factories act. i.e. as an adult worker who has worked 20 days contineously works one day leave will be credited.

If the agreement is made between the contractor and principal employer regarding any other leaves as such it will be applicable.

Regards,

PBS KUMAR

 

 

 
"

Aditya Mudgal (Lawyer)     09 December 2008

There is no distinction made between office and factory here.. The definition of 'establishment' includes both factory and office.. As long as the labour meets the requirements of the Act, there is no differentiation made.. 

sambasivakamasani (Sr Pur and Stores Officer (Rtd) ISRO)     22 October 2013

Whatever leave is applicable to factory workers also applicable to contract labour (establishment).  I also further to add in Andhra Pradesh "under the conditions of service, it is mentioned that 10 (a) every workman who has worked under a contractor during the calendar year shall be allowed leave with wages for number of days calculated at the rate of (i) if an adult one day for every 20 days of actual work performed by him. Regards.

kavita londhe (Engineer)     22 April 2014

Dear Sir,


My father was working as Security guard from last 10 years. this is contractual basis job. On last October, suddenly his contractor said t him that you're working location is changed, you go at bla bla place. he rejected to go there and after that 2 days didn't go to the office, and my father admitted to the office. and then we came to know my father was suffering from Hepetitis B. i have lost my father on 13 December.

he was admitted in ESI hospital, according to ESI hospital rule, if any employee dies in the hospital they gives them some Rs. but for that we require Employer signature.


But now problem is that ,my fathers employer is nit giving sign to us, he is saying as soon as ,my father didint reported to office on that day, he removed his name from employee list.

so its not possible for him to give sign.

sir, i am requesting you is there any legal act  there in our court aginst this case.

can anybody through employee from office anytime?

which actions we have to take aginst that employee?

if you want more clarification about my case,you are free to call me on 865221148.

please share with me any solution, i dont want to leave that cruel Employer, i want to punish him .

kavita londhe (Engineer)     22 April 2014

Dear Sir,


My father was working as Security guard from last 10 years. this is contractual basis job. On last October, suddenly his contractor said t him that you're working location is changed, you go at bla bla place. he rejected to go there and after that 2 days didn't go to the office, and my father admitted to the office. and then we came to know my father was suffering from Hepetitis B. i have lost my father on 13 December.

he was admitted in ESI hospital, according to ESI hospital rule, if any employee dies in the hospital they gives them some Rs. but for that we require Employer signature.


But now problem is that ,my fathers employer is nit giving sign to us, he is saying as soon as ,my father didint reported to office on that day, he removed his name from employee list.

so its not possible for him to give sign.

sir, i am requesting you is there any legal act  there in our court aginst this case.

can anybody through employee from office anytime?

which actions we have to take aginst that employee?

if you want more clarification about my case,you are free to call me on 865221148.

please share with me any solution, i dont want to leave that cruel Employer, i want to punish him .


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