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.
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
|
Source : PIB Aug 30, 2012
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