INTRODUCTION
Contract employees are people who are employed temporarily by an employer to carry out particular responsibilities in accordance with a contract. One of the most severe forms of unorganised labour is contract labour. Under the contract labour system, workers may be engaged on a temporary basis through contractors. Contractors engage in this type of job when they recruit personnel (contract labour) to work on the premises of the principal employer even if they are not officially affiliated with the major employer. Here a Principal Employer is someone who owns or controls a business or facility where if its
A factory, it is the owner or occupier of the factory;
A Mine: it is the owner or the manager of that mine;
The Government: The head of the office or department or an officer
Contractual Employment in India is governed by the Contractual Labour (Regulation and Abolition) Act of 1970. Section 1 of this Act states that it applies to “any establishment that employs or has employed more than 20 individuals on a contractual basis, as well as any contractor who employs or has hired twenty or more workers on any day in the previous twelve months”.
ADVANTAGES OF CONTRACT LABOUR IN INDIA
Numerous factors affect how much work is needed in various businesses. Sometimes it’s due to the business cycle, and other times it’s because of an unexpected spike in demand for the product. Additionally, firms wishing to effectively manage the transition time or expand their organisation in new areas might benefit from using temporary workers as a solution. There are big projects planned that could need more work, or important team members might not be accessible for a variety of reasons. Contract staffing is the best solution in all of these cases. Some of the benefits of contract labour can be as follows
- Cost-effectiveness: Employing contract workers can save firms money since they are not required to cover perks like health insurance, bonuses, and pensions.
- Flexibility: By hiring contract workers for a certain period of time, employers can change their staff in response to demand or project requirements.
- Ability to access a varied pool of talented employees who may be authorities in their professions thanks to contract workforce.
- Simple Termination: If a worker’s performance is subpar, employers may quickly and without repercussions terminate the employee’s contract.
- Reduced Liability: Because contract employees are engaged through a third party contractor who is responsible for providing proper safety equipment and training, contract labour lessens the legal liability of employers for accidents or injuries suffered by the workers.
Overall, contract labour can provide many benefits to businesses, allowing them to remain competitive and respond to changing market needs.
DISADVANTAGES OF CONTRACT LABOUR
- Lack of job security: Contract workers have no guarantees regarding their employment and frequently have no idea what their future career prospects will be, which can cause stress and worry.
- Exploitation: Contract workers are frequently taken advantage of by companies that provide them cheap pay, few or no benefits, no job security, and unsafe working conditions.
- Lower job satisfaction and motivation may result from contract workers not receiving the same opportunities and perks as permanent employees.
- Lack of legal protection: Because contract workers are not covered by labour laws and regulations, they are at risk of being taken advantage of and mistreated.
- Limited career advancement: Because contract workers are frequently recruited for specific tasks or projects, they may not have the same prospects for career advancement as regular employees.
In general, contract labour can result in exploitation, a lack of benefits and job security, as well as a reduction in productivity and career advancement. Employers must make sure that contract workers receive equitable treatment, proper benefits, and development opportunities.
INDIAN STATUTES AND SOME JUDICIAL INTERPRETATIONS
Indian contract labourers are protected by the Contract Labour Regulation and Abolition Act, 1970. A contract labourer is defined by the Act as “a person who is hired by a significant employer through a contractor in connection with the work of an enterprise”. Contractors are largely responsible for providing all amenities to workers as required by the Act. Contract workers are required to be compensated in compliance with the minimum wage law. The Contract Labour Act now mandates safe drinking water, canteen amenities, first aid facilities, and other necessities for contract workers’ health and wellbeing. Additionally, contract workers must be given social security protections like access to healthcare and provident fund benefits.
The government is permitted to eliminate contract labour under Section 10 of the CLRA 1970. The business is not required to directly hire the worker as a permanent employee, even if contractual employment is removed. If the employment agreement is valid, the contract workers won’t be made permanent employees of the firm or facility; nevertheless, if the arrangement is a “sham,” the contract workers will be made permanent employees. Such a policy implies that, unlike a direct employee, the worker’s primary employer and them without the contractor have little to no connection.
If we see the judicial interpretation in case of State of Karnataka v. Uma Devi, to decide against unclear employment, the court was petitioned. The court had dismissed the claim, concluding that if ambiguous employment was outlawed, those who could at least be employed on a contractual, temporary, or casual basis would lose their chance to acquire employment rather than going without any job at all. Such vague or ephemeral labour would at least provide them some solace. The court, however, stressed that the equality principle, “equal pay for equal work,” has been specifically expressed in the Directive Principle of State Policy. Consequently, the court rejected to award long-term employees permanent status.
CONCLUSION
There are both advantages and disadvantages to the discussion of contract labour in India. Contract labour has benefits including affordability, adaptability, and access to skilled employees. However, it also has a number of drawbacks, including diminished productivity, exploitation, and a lack of job security.
Appropriate legislation is required to safeguard the rights of contract workers and make sure they receive just compensation, benefits, and working conditions. Employers must take accountability for the fair and respectable treatment of their contract workers.
Overall, there should be a balance between the necessity for good labour and the usage of contract labour in India. Government, business, and labour leaders should work together to develop laws and regulations that support ethical employment practises and safeguard the rights of contract employees.
REFRENCES
- Contractual Labour (Regulation and Abolition) Act of 1970
- Steel Authority of India v National Union Water Front, AIR 2001 SC 3527
- State of Karnataka v. Uma Devi (2006) 4 SCC 1
- https://medium.com/nyaaya/contract-labour-in-india-understanding-the-legal-framework-c75145e31506
- https://www.legalservicesindia.com/article/616/Regulation-of-Contract-Labour.html
- https://blog.ipleaders.in/labour-contract-law-implementation india/#State_of_Karnataka_v_Uma_Devi_2006_4_SCC_1
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