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Srinivas (AM-HR)     09 June 2008

Reg - Contact Labour

Dear all

For the purpose of coverage under Contract labour act, Can you please advise me whether software professionals whom we hire through 3rd party vendors are covered under the act like housekeeping, pantry services. Or they have to be considered as a professional services not to be covered under contract labour act.

Pls advise.








 3 Replies

Prakash Yedhula (Lawyer)     09 June 2008

The definition of workman under the Contract Labour Act is as follows and the same is self-explanatory.

Section 2 (i) “workman” means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or unskilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, but does not include any suchperson-

(A) who is employed mainly in a managerial or administrative capacity; or

(B) who, being employed in a supervisory capacity draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature; or

(C) who is an out-worker, that is to say, a person to whom any article and materials are given out by or on behalf of the principal employer to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the trade or business

of the principal employer and the process is to be carried out either in the home of the out-worker or in some other premises, not being premises under the control and management of the principal employer.

(2) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.

Srinivas (AM-HR)     12 June 2008

Thanks a lot sir.

ssujeet-Advocate (n/a)     19 June 2008

if the software professionals are doing technical work then the contract labour act applies

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