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Applicability of the Act
The employment of Contract Labor is prohibited under the Law where the work is of
permanent nature. But where the work is of intermittent nature the State Govt by its
notification may allow to employ the Contract Labor.
• Every establishment employing 20 or more workers as contract labor.
• Every contractor employing 20 or more workers.
Non Applicability
It shall not apply to the establishment in which work only of an intermittent or casual nature
is performed.
In a factory, the owner or the occupier of the factory & where a person has been named as
Manager under the Factories Act, 1948
Who is a Contractor
A person who undertakes to produce a given result for the establishment through contract
labour or who supplies contract labour for any work of establishment & includes a sub
contractor.
Any worker will be a contract labour when he is hired for work of establishment through a
contractor, with or without the knowledge of the principal employer
Prohibition of employment of contract labor
The State govt. can prohibit the employment of Contract Labor by a notification in the
following areas:
• Housekeeping
• Horticulture
• Loading & Unloading
• Material Movements
• Canteen Employment
Registration of Establishment
The Principal employer if employing 20 or more workers through the contractor, he is obliged
to get himself registered through FORM No. 1.
Licensing of Contractors
The Contractor has to obtain License if employing more than 20 workers & deposit the
required fees on FORM No. 4 along with the Principal Employer Certificate on FORM No. 5.
Security Deposit
The Contractor has to deposit the Security amount as prescribed by the State Govt.
Welfare Provisions
5 Latrines & Urinals At least one latrine for every 25 male & female
contract labor separately
7 First aid Facilities At least one First aid box for every 150 contract labor
Responsibility for payment of wages: - A contractor shall be responsible for the
payment of wages
• Wages shall be paid in the presence of authorized person nominated by the Principal
employer.
• Wages of terminated worker shall be paid before the expiry of second working day from the
day on which his services were terminated.
• Wages to every worker shall be paid directly or to any person authorized by him.
• The wages paid to the contract workers shall be authenticated by the representative of the
Principal employer at the end of the wage sheet.
Register & records to be maintained:
1 Register of Contractor 12
3 Employment card 14
4 Service Certificate 15
5 Muster Roll 16
6 Register of wages 17
8 Register of Deductions 20
9 Register of Fines 21
10 Register of Advances 22
11 Register of Overtime 23
Annual Return
Annual return in Form 25 (In duplicate) Principal employer by 15th Feb.
Penalty
Punishable with 3 months imprisonment or fine up to Rs.1000 or both.
IMPORTANT
If the Contractor fails to adhere the statutory requirements and unable to provide the above
facilities it will be the Liability of principal employer.