14-17 Flashcards
what is a contract labourer and contracter
COntract labourer:
A person who is employed in an establishment when he is hired by or through
a contractor, with or without the knowledge of the principal employer, and includes an inter-state
migrant worker but does not include a person who is habitually employed by the contractor for an
activity under his establishment and his employment is governed by mutually accepted standards and conditions of employment, gets periodical increase in pay, social security and other welfare schemes.
Contractor: Any person who intends to produce a given result for an establishment except merely
supply of goods or articles of manufacture using contract labour.
contract labour chapter of OSH to apply to?
1)
Any establishment where 50 or more contract labourers are employed or have been
employed in a given year.
2)
Every manpower supply contractor who has employed, onany day of the preceding 12
months, 50 or more contract labourers.
However, provisions not apply to an establishment where the work is only that of an intermittent
nature. Work to not be of intermittent character if it is carried on for more than 120 days in a given
year or if it is of a seasonal nature, then it is carried on for more than 60 days
S. 47- Licensing of contractors
No contract labourer shall:
1) Supply any contract labour to any establishment or
2)Execute any work through a contract labour
Except, after obtaining a license from an authority mentioned under S. 119 of the Act.
The contractor, while obtaining for such license, shall specify thenumber of labourers that can be supplied by the contractor and the security deposit paid by the contractor
If the Contractor cannot fullfil the conditions for obtaining licence, the authority may issue a “work
speci c licence” to the contractor who shall then be eligible for carrying out only that particular work
for which the licence is issued.
license to contain detail ssuch as:
no of hours, wages to be paid an dother essentials to be provided to the contract labourer.
If the contractor is desirous of supplying/engaging contract labour in one or more states, he shall
obtain the licence from the authority speci ed by the Central Government.
S. 48- Procedure for issue or renewal of licence
and revocation?
. The license, when granted, shall be valid for a period of 5 years in respect to the number ofcontract labourers to be engaged, and can be increased upon submitting an application for amendment to the license
S. 51-Revocation, suspension and amendment of licence- if obtained by fraud/misrep/ or violated terms of licens. contracter will recieve show cause notice and the authority can suspend or revoke license.
welfare and emplouying contract labourer from non licensed contracter
- Welfare facilities specified under section 23 and section 24 shall be provided by
the principal employer of the establishment to the contract labour who are employed in
such establishment. - Where any principal employer of an establishment is employing contract labour
through a contractor who is required to obtain a licence under this Part, but he has not
obtained such licence, then, such employment shall be deemed to be in contravention of
the provision of this Code.
S.55-Responsibility for payment of wages
It shall be the duty of the contractor to pay the wages to the contract labourer in time as prescribed by AG, further it should be in way of bank transfer or electronic form,
if contracter does not make the payment in time, - Principle employer will be liable to make payment of wages, and can recover the amt from contracter by deducting amt payable to contracter or by treating it as a debt
If the contractor has engaged the contract labourers, then the Appropriate Government shall pass an order for deducting the said amount from the social security deposited at the time of obtaining the license.
prohibition of employment of contract labourer
S.57- The principal employer shall not employ a contract labourer for carrying out the core
work in an establishment unless:
1) Such core work is usually carried out by the Contract labourer
2) The nature of the work is such that it does not require the presence of full time workers for the
majority part of the day
3) When there is a sudden increase in the quantum of such work and the requirement to meet a particular deadline
interstate migrant worker?
Inter State Migrant Worker refers to a person who is employed in an establishment and who:
(i) Who has been engaged by the employer directly or through a contractor in one State for employment in an establishment in another state
ii) Who, on his own motion, has come from one State and has obtained employment in an establishment in another state or subsequently changed the establishment within the destination State
Facilities to inter state migrant workers
S.60- Every employer or contractor employing an inter-state migrant worker shall, while employing an inter-state migrant worker shall ensure that:
1) The working conditions are suitable to the Inter-State Migrant worker given that he is
required to work from a State different from his own State.
2) In case such worker meets with any accident or fatal injury, it shall be the duty of the employer to inform the respective authority of both states as well as his next of kin.
3) He shall be entitled to benefits which other workers of the establishment are also entitled
to such as bene ts under the ESIC Act etc
Further Under sec 61- the employer should provide the interstate migrant worker a lump sum allowance for journey to and fro from their home state
section 62 and 63
a) option to an inter-State migrant worker for availing benefits of public
distribution system either in his native State or the destination State where he is
employed;
63) 63. The appropriate Government may provide facility of toll free helpline to the
inter-State migrant workers in such manner as may be prescribed by that Government.
past liabilities sec 65
hat once an inter-State migrant worker finishes their job, no lawsuit or proceeding can be filed in any court to recover any remaining debt linked to that worker. If the contractor or employer has not settled the debt by the end of the worker’s employment, the debt is considered canceled and no longer owed.
audio visual workers
Audio-visual produced wholly/partly in India and includes:
(i) Animation, cartoon, audio-visual description
(ii) Digital production or any activities in the making thereof
(iii) Feature lms, non-feature lms, television, web based production, television shows etc
** Any worker who is employed directly or indirectly through a contractor in connection with
audio-visual production of work including actors, musicians, singer, anchor, dancer etc. whether skille,
unskilled, manual, supervisory, technical etc.**
audio visual worker contract
Audio-Viisual Worker:
* No audio-visual worker shall be employed in the production of an audio-visual programme unless:
* An agreement is entered into between:
* the audio-visual worker and the producer
* The producer of the audio-visual worker and the contractor
* The such person through whom such person is employed
The agreement shall include:
1) Nature of work
2) Location of work
3) Payment of wages
4) Health and other safety conditions
5) Hours of work
6) Dispute resolution
If the worker is hired through a contractor, the agreement must include a clause stating that if the contractor fails to meet their obligations, the producer of the audio-visual program will be responsible for fulfilling those obligations.
MINES and MANAGER
Mine means any excavation where any operation for searching of minerals is being carried out and minerals mean all substances that can be obtained from earth through mining drilling, dredging, quarrying, or other processes
SECTION 73= f there’s any question about whether certain work areas or processes near or within a mine fall under the mining code, the Central Government has the authority to make a final decision. A certificate from the Ministry of Labour and Employment will serve as conclusive proof of this decision.
s67- Every mine shall be managed by a sole manager who shall possess such quali cations as mandated by the Central Government. this manager will be appointed by the owner or agent of the mine
Exemption
from
provision
regarding
employment.
and age limit?
n emergencies, like serious risks to mine safety, accidents, natural disasters, or urgent repairs due to machinery breakdowns, a mine manager can allow workers to exceed normal working hours and rest requirements. This is only allowed to ensure safety and prevent disruptions in mine operations. However, any such action must not go beyond what’s necessary to keep the mine running safely. Each instance must be documented, and a report sent to the Chief Inspector or Inspector.
section 70- no one below age 18 is allowed to work in a mine or any part of it. however apprentances and trainees above the age of 16 years may be allowed to work under proper supervision. for trainees other than apprentainces- permission from cheif inspector shall be obtained.
