The Apprentices Act, 1961 (the Apprentices Act) was enacted with the objective of regulating the programme of training of apprentices in the industry by utilizing the facilities available therein for imparting on-the-job training. The Ministry of Labour and Employment after receiving many suggestions from various quarters regarding making changes to the Apprentices Act, has made... Continue Reading →

The Ministry of Labour & Employment is administering over 40 Labour Laws. These laws are enforced by Central and State Enforcement agencies in their respective spheres. This mufti-faceted compliance system has been the point of criticism for the industry in general leading to severe compliance backlog. In response to the requests from various stake-holders for... Continue Reading →

You will find my posts on liabilities of a principal employer and duties of a contractor here and here. This next part on contract labour legislation is intended to detail a) Who or which category of workers is this legislation intended to benefit; and b) What are the activities that are covered under the Contract... Continue Reading →

The most popular question is what are the points to be kept in mind, while entering into an arrangement with a contractor. One of the most important factors to keep in mind while drafting agreements and/ or during appointment of contractor is employee registrations such as provident fund (PF) / employees’ state insurance (ESI) etc.... Continue Reading →

My last post dealt with the liabilities of a principal employer vis-à-vis the contractor. The next big question is – who is this contractor and what are his obligations under the Contract Labour Act. A “contractor” is defined under the Contract Labour Act as follows: "contractor", in relation to an establishment, means a person who... Continue Reading →

The liabilities of a principal employer under the Contract Labour Act are examples of vicarious liability on owners of establishments. The Contract Labour Act provides respite and recourse to contract labour from non-payment of wage by allowing them access to the principal employer in the event of a default by the contractor. A "principal employer"... Continue Reading →