Skip to main content

Contract Labour & Labour Codes - Whether permissible or not permisible - what are Core Activities

 Contract Labour – Distinction between the Core & non-core Activity

CLRA /OSH Code


A) OSH Code

A blanket prohibition has been imposed by section 57 of the Occupational Safety. Health and Working Conditions Code,2020 ("OSH Code", hereinafter) on the engagement of contract labour in the core activities of the establishment of the principal employer. 


• The Code, under section 2(1)(p) defines a "core activity" as any activity for which the establishment is set up. 


Core Activities

• This would further include any activity which is essential or necessary to any activity for which the establishment of the principal employer is set up. 


• The definition of core activity is very wide and sweeping in its ambit. However, 

even if certain activities are essential or necessary to the establishment of the principal employer, they would not be considered as core activities. 

      Non-Core Activities

• Illustrations: 


(i) sanitation works, including sweeping, cleaning, dusting and collection and disposal of all kinds of waste; 

(ii) watch and ward services including security services; 

(iii) canteen and catering services; 

(iv) loading and unloading operations; 

(v) running of hospitals, educational and training Institutions, guest houses, clubs and the like where they are in the nature of support services of an establishment; 

(vi) courier services which are in nature of support services of an establishment;

(vii) civil and other constructional works, including maintenance; 

(viii) (viii) gardening and maintenance of lawns and other like activities; 

(ix) housekeeping and laundry services, and other like activities, where these are in nature of support services of an establishment; 

(x) transport services including, ambulance services; 

(xi) any activity of intermittent nature even if that constitutes a core activity of an establishment.


Exceptions (even considered core)

As per the proviso to section 57(1) of the Code lays following are exceptions, wherein the principal employer would be under liberty to engage contract labour for core activities. These exceptions are:

 (a) the normal functioning of the establishment is such that the activity is ordinarily done through contractor; or 

(b) the activities are such that they do not require full time workers for the major portion of the working hours in a day or for longer periods, as the case may be; 

(c) any sudden increase of volume of work in the core activity which needs to be accomplished in a specified time.

‘Contract Labour’ – Modified definiton

 Also, the definition of "contract labour" has been modified by the Codes to such extent that the workers who fulfil the following criteria would not come under its ambit.

i) The worker (other than part time employee) is regularly employed by the contractor for any activity of his establishment. 


ii) His employment is governed by mutually accepted standards of the conditions of employment (including engagement on permanent basis)


iii) The worker gets periodical increment in the pay, 


This is just a summary and for specific advisory, it would be prrudent to analyse and review any system hollistic with the industry specific business, practive and future goals and get a clear picture with reorientation.   

Please write, or call Mob:9920780095

viswanthanvasudevan159@gmail.com








Comments

Post a Comment

Popular posts from this blog

MCS MAHARASHTRA COOPERATIVE HOUSING SOCIETY BYE LAWS 101 TO END

MCS BYE LAWS CONTINUED FROM PREVIOUS POST 101 TO END 101. If all the business on the agenda of the General Body Meeting of the Society cannot be transacted on the day on which the General Body Meeting is convened, the meeting shall be postponed to any other suitable date as may be decided by the Members present at the meeting, however not later than 30 days from the date of the meeting. 102. The Chairman of the Society shall preside over all General Body Meetings of the Society, in case if the Chairman is absent or if present and is unwilling to preside, the Members present may elect a person from amongst themselves to preside over the meeting. 103. No proxy or a holder of power of attorney or letter of authority shall be eligible to attend a General Body Meeting of the Society on behalf of a Member of the Society. 104. Voting right of a Member and the Associate Member of the Society shall be regulated in accordance with the provisions of Section 27 of ...
4 comments
Read more

MCS ACT: Encroachment /usage of Common Area by Flat Owners - Highlights of bye laws and the role of MC/General Body

The Managing Committee has to read the bye laws in harmony and adopt a standard process as approved by the General Body   Almost Every Society has conflicts or even fist fights on usage of common areas, especially the parking, the passage outside the flats and other areas meant for east of movement and common utility. As a Building lay out, and common areas differ accordingly to the size/class of buildings and also the category of flats , it is essential to review the relevant bye laws and formulate a policy with uniform norms and permitting fair use. What is permissible and fair use again depends on the unique size and design of a building, it is imperative to evolve a robust policy post deliberations at a General Body of Members.  Bye Law No 165. Penalties for breaches  Bye Law No 165(a)  The meeting of the General Body of the Society may prescribe penalties for different breaches of the Bye-laws of the Society. The Secretary of the Society, under instruct...
1 comment
Read more

PoSH Act: ICC of the Employer of the Complainant (Victim) is also empowered to conduct enquiry -Path-breaking Ruling by the Hon'ble Supreme Court

 KEY POINTS BY LAWSHASTRA - FULL JUDGEMENT APPENDED BELOW   This path-breaking judgement by the Hon’ble Supreme Court, has well enunciated the objectives of the VISHAKA Guidelines and the PoSH Act, while spelling out the jurisdictional aspects of the “Employer” Crystal clear.  Precisely, the jurisdictional challenge by the Appellant in the present case, inter alia relates to whether the Internal Complaints Committee (hereinafter referred to as “ICC”) constituted at a certain Department of the Government of India can entertain a complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as “POSH Act”) against the Appellant who was working at a different Department of the Government of India at the relevant time.  Key Points for reference   PoSH Act. (extracts) Section 2(a)  “(a) “aggrieved woman” means -  in relation to a workplace, a woman, of any age whether employed or n...
Post a Comment
Read more