India has seen a significant increase in the number of temporary workers in both the organized and unorganized sectors. According to data from the Annual Survey of Industries (ASI), the use of contract labour used by a third-party supplier in organized manufacturing has increased.  The share of temporary agency work in total employment increased sharply from 15.5% in 2000-01 to 27.9% in 2015-2016, which is a huge number considering India`s labour-intensive workforce. According to reports, recruitment agencies have seen a significant increase in hiring IT companies working with banking and financial services, etc. over the past year.  (1) Before a licence is issued, an amount calculated at the Rs rate is charged. 30 For each of the workers to be employed as temporary agency workers for whom the application for a licence has been submitted, the contractor shall file for proper compliance with the conditions of the licence and for compliance with the provisions of the law or regulations made pursuant to the law: if the contractor is a cooperative, the amount deposited as security is 5 rupees for each worker to be employed as a temporary worker. 1A. Where the applicant held a licence for other work and that licence had expired, the licensing officer, if the applicant considers that any amount of the security provided for that licence should be refunded to the applicant in accordance with Rule 31, the applicant may, at the request of the applicant, adjust the amount to be reimbursed to the security for that purpose in Form VA: to be filed for the application for a new licence and, in this case, the applicant is only required to file the balance after this correction. (2) [The amount of the security or balance to be deposited in accordance with sub-rule (1) or, where applicable, sub-rule (1A)] shall be paid into the local Treasury under the management of the account “Section T – Deposits and Advances – Part II Interest-free deposits” – c) Other departmental deposit accounts and judicial civil depots in accordance with the Temporary Employment (Regulation and Abolition) Act. 1970 (Zentral)”. NOTES The rate of Rs 30 per worker as security money does not violate Article 14 Gammon India Ltd.c.
Union of India, (1974) 1 SCC 596. (1) The competent government may make regulations stating that in any establishment to which (a) this Act applies, (b) in which work requiring the employment of temporary agency work is likely to continue during the prescribed period, and (c) in which the contract work, which is of a hundred or more, is ordinarily employed by contract, one or more canteens are made available and maintained by the contractor for the use of this contractual work. 2. Without prejudice to the generality of the abovementioned power, these provisions may provide: (a) the date on which the canteens are to be made available; (b) the number of canteens to be made available and the standards for the construction, accommodation, furniture and other equipment of the canteens; and (c) the foodstuffs that may be served there and the taxes that may be levied therefrom. The provisions of TopNOTES, judged, are not unreasonable. Gammon India lid. v. Union of India, (1974) 1 SCC 596. The CLRA has been consolidated by the Code of Health, Safety and Working Conditions at Work 2020 (OSH Code), which has entered into force but has not yet entered into force. The OSH Code introduced some new definitions and revised some existing provisions on the employment of temporary agency workers.
FORM V [See Rule 21(2)]Primary Employer Certificate Form A certificate attesting that I have hired the applicant (name of contractor) as a contractor in my business. I undertake to be bound by all the provisions of the Contract Labour (Regulation and Abolition) and Contract Labour (Central Rules of Regulation and Abolition, 1971) Act 1970 to the extent that the provisions apply to me with regard to the employment of temporary agency work by the applicant in my establishment. Signature of the date of the main employer. Name and address of the Agency Top (1) Each main employer and contractor must keep these records and records containing this information about the temporary agency work used, the nature of the work performed by the temporary agency work, the rates of pay paid to the temporary work and any other information in the prescribed form. 2. Each principal employer and contractor shall keep notices in the prescribed form on the premises of the establishment where the temporary worker is employed, indicating the working time, the nature of the obligation and any other prescribed information in the prescribed manner. The law applies to all enterprises that have twenty or more workers who are currently employed on any day of the last twelve months or who were previously employed. It shall also apply to any contractor who employs or has employed twenty or more employees on any day of the last twelve months. It does not apply to companies in which casual or irregular work is performed. This, in turn, has subsections: – The contractor must provide and maintain from the contractor, in order to be easily accessible during working hours, at any place where temporary work is employed by him, a first aid kit equipped with the prescribed contents. The employer must ensure that the contractor does the following: – Archita specializes in labor law and advises clients on a wide range of labor law issues.
She has been involved in various issues related to personnel management and restructuring, compensation and benefits, and cuts in the armed forces. 6[1. Upon receipt of the contractor`s application and as soon as possible thereafter, the authorisation officer shall carry out investigations or have inspections carried out to ensure the accuracy of the facts and information contained in such an application and the applicant`s eligibility for authorisation.] 2. (i) Where the authorising officer considers that authorisation should not be granted, he shall, after giving the applicant a reasonable opportunity to be heard, issue an order rejecting the application. (ii) the decision is reasoned and communicated to the applicant; (1) If a convenience required by § 16, § 17, § 18 or § 19 for the benefit of temporary agency workers employed in an undertaking is not provided by the contractor within the prescribed period, the main employer must provide such amenities within the prescribed period. (2) All costs incurred by the primary employer in providing the amenities may be recovered from the Contractor by the Primary Employer, either by deducting an amount to be paid to the Contractor under a contract or as a debt to be paid by the Contractor. TopNOTES pp. 20 & 21- The obligation to provide employees with the amenities transferred under the law rests with the primary employer. The government will be responsible for enforcing these amenities if the contractors hired by the government to carry out its construction project do not provide the amenities to their workers. The Government`s failure to comply with its obligation constitutes a violation of Article 21 and workers may assert their right by means of an application under Article 32.
Peoples Union for Democratic Rights v Union of India, (1982) 3 SCC 235: 1982 CSC (L &S) 275. FORM I (see Rule 17(1)) Application for registration of establishments employing temporary agency work 1. Name and place of the institution. 2. Postal address of the institution. 3. Full name and address of the main employer (in the case of individuals, indicate the name of the father). 4. Full name and address of the manager or person responsible for supervising and controlling the installation. 5.
Type of work done in the facility. 6. Information on contractors and temporary agency workers: a) names and addresses of entrepreneurs. (b) the type of work in which temporary agency work is or is to be employed. (c) Maximum number of temporary work to be employed by each contractor on a given day.16(c) Estimated start date of each contract work under each contractor.] (d) Estimated date of termination of the employment relationship of the employment contract with each contractor. 7. Attached are the details of the cash receipt (name of the Consolidated Revenue Fund, amount and date). I hereby declare that the above details are true to the best of my knowledge and belief. Primary employer. Seal and stamp Date of receipt from the office of the person responsible for the registered application.
(b) in the case of an establishment whose registration has been revoked in accordance with Section 8, employ temporary agency workers in the establishment after the expiry of the period referred to in point (a) or after the withdrawal of the registration in accordance with point (b). . . . .