V.V.
Giri National Institute of Labour in their Impact
Study report has
not stated that close to 55 per cent of the workforce in the organised industry
is on contract basis and they are not paid industry-wise minimum wages. However, the
study had revealed that contract
labour are being paid less wages than the wages given to the regular workers of
Principal Employer even though contract labour perform same or similar kind of
work. The estimated number of Contract labour of
licensed contractors under Contract Labour (Regulation & Abolition) Act,
1970 is approximately 60 lacs in the country. Out of which 36% perform same or similar kind
of work as of directly appointed workmen of Principal Employer.
As per the Contract Labour (Regulation & Abolition)
Central Rules, 1971, the wages of the contract labour shall not be less than
the rates prescribed under Minimum Wages
Act, 1948 and in cases where the
contract worker 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 shall be the same as applicable
to the workmen directly employed by the principal employer doing the same or
similar kind of work.
The workers doing same or similar work and not
getting same wages can raise the issue before the appropriate
“Government”. The Central Government is
the appropriate Government in respect of the establishments falling in Central
sphere. The private companies in non
Government sector and un- organized sector come in State sphere. In the Central sphere, the
complaints/grievances are received in the field offices of Chief Labour
Commissioner (Central) Organization.
The details of prosecution launched and
employers/persons convicted
during last three years under the
Contract Labour (Regulation & Abolition) Act, 1970, Minimum Wages Act, 1948
and Building And Other Construction
Workers’ Act, 1996is at Annexure-I.
Apart from above, the Central
Government has prohibited employment of contract labour
in various establishments in Central sphere through 84 Notifications issued
from time to time under the Contract Labour
(Regulation & Abolition) Act, 1970.
The matter regarding
regularizing the contract workers as regular workers is not feasible as it will
pave the way for back door entries in regular jobs.
The Union
Labour & Employment Minister Shri Mallikarjun Kharge gave this
information in a written
reply in Rajya Sabha today.
*****
ST/bs
Annexure-I
CONTRACT LABOUR (REGULATION
& ABOLITION) ACT, 1970
S. No.
|
Particulars
|
2008-2009
|
2009-2010
|
2010-11
|
2011-12*
|
1.
|
No. of Inspections conducted
|
6925
|
9428
|
7327
|
3886
|
2.
|
No. of Prosecution Launched
|
3573
|
5181
|
4908
|
2451
|
3
|
Persons convicted
|
|
|
|
|
2. MINIMUM WAGES ACT, 1948
S. No.
|
Particulars
|
2008-2009
|
2009-2010
|
2010-11
|
2011-2012*
|
1.
|
No. of Inspections conducted
|
15671
|
14720
|
16780
|
8842
|
2.
|
No. of Prosecution Launched
|
4631
|
4382
|
5950
|
4497
|
3.
|
No. of Claim cases
disposed
|
2237
|
2046
|
1964
|
1591
|
3.
BUILDING AND OTHER CONSTURCTION WORKERS ACT, 1996 UNDER SECTION (47, 48 &
49)
S. No.
|
Particulars
|
2008-2009
|
2009-2010
|
2010-11
|
2011-2012*
|
1.
|
No. of Inspections Conducted
|
2651
|
3036
|
2657
|
1220
|
2.
|
No. of Prosecution Proposal received
|
705
|
670
|
922
|
330
|
3.
|
No. of Prosecution Proposal Sanctioned
|
680
|
622
|
894
|
324
|
4.
|
Fine imposed by Courts
|
Rs.1,18,450/-
|
Rs.1,28,600/-
|
Rs.2,13,800
|
Rs. 49,500
|
* Provisional
No of persons convicted
S. No.
|
Particulars
|
2008-2009
|
2009-2010
|
2010-11
|
1.
|
Minimum
Wages Act,1948
|
3585
|
3415
|
4459
|
2.
|
Building
and Other Construction Worker Act, 1996
|
680
|
622
|
894
|
3
|
Contract Labour (Regulation & Abolition)
Act, 1970
|
738
|
2318
|
1528
|