Dear Members,
As you know Contract labour phenomenon has emerged in the 21st Century Worldwide as a means to cut cost at the cost of the manpower involved. In India, the plight of millions of these workers working in the organized sector in work/ job/ manpower contracts are overlooked by the management, Government and even the media, in the name of competitiveness and equality of opportunity. More so due to the technicalities involved and lack of knowledge on various policies and laws on labour, Court orders, nobody wants to touch upon the ticklish issue.
As Labour is a necessity for running all organisations, Contract Labour has become a headache for the management, exploitation for the workers and anguish for the contractor who is juxtaposed between the two.
I am an alumnus of MDI, Gurgaon and at present an inservice PhD student in the Centre for the Study for Law & Governance, Jawaharlal Nehru University, New Delhi. I have been working with the Govt. now for about 14 years after which I have joined the Centre for undertaking research on "Contract Labour issues".
I am myself in search of Contract Labour models running successfully in an organisation which you feel is a win-win scenario for all the three stakeholders, i.e. the principal employer, the contractor and the workers; which can be studied and duplicated.
Please do guide and suggest.
My PhD research proposal is attached if somebody feel to look at my research interest. e-mails are also welcome on my id.
Pankaj Kumar,
In service PhD student,
Centre for the Study of Law & Governance,
Jawaharlal Nehru University, New Delhi
Mob. 09013002296, 09557229653
e-mail;
From India, Moradabad
12As you know Contract labour phenomenon has emerged in the 21st Century Worldwide as a means to cut cost at the cost of the manpower involved. In India, the plight of millions of these workers working in the organized sector in work/ job/ manpower contracts are overlooked by the management, Government and even the media, in the name of competitiveness and equality of opportunity. More so due to the technicalities involved and lack of knowledge on various policies and laws on labour, Court orders, nobody wants to touch upon the ticklish issue.
As Labour is a necessity for running all organisations, Contract Labour has become a headache for the management, exploitation for the workers and anguish for the contractor who is juxtaposed between the two.
I am an alumnus of MDI, Gurgaon and at present an inservice PhD student in the Centre for the Study for Law & Governance, Jawaharlal Nehru University, New Delhi. I have been working with the Govt. now for about 14 years after which I have joined the Centre for undertaking research on "Contract Labour issues".
I am myself in search of Contract Labour models running successfully in an organisation which you feel is a win-win scenario for all the three stakeholders, i.e. the principal employer, the contractor and the workers; which can be studied and duplicated.
Please do guide and suggest.
My PhD research proposal is attached if somebody feel to look at my research interest. e-mails are also welcome on my id.
Pankaj Kumar,
In service PhD student,
Centre for the Study of Law & Governance,
Jawaharlal Nehru University, New Delhi
Mob. 09013002296, 09557229653
e-mail;
From India, Moradabad
Sorry could not go through your doc........
But "..........Contract Labour has become a headache for the management, exploitation for the workers and anguish for the contractor who is juxtaposed between the two." So what do you mean by this statement?? What kind of a management is that who considers it a headache?? and how does it result in exploitation of workers? and anguish anybody for that matter??
I think this is more a kind of a classroom discussion......... but you do some filed work on the issues i have raised, you may consider that you got the 50% of what you need........
But i may only tell you that, you must consider strictly to draw a line between the opinions and reality when you deal with the issues raised above...... the difference between the facts, illustrations and real situations...... for which you need to look at the decrees or judgements of the courts pertaining to the same......
Thirdly, you shall bifurcate the words in to two, one as the contract, the legal contract all by itself and second being labour with the consideration of a contract.... it helps you find out the legal obligations and failures in completing the contract which in-turn helps you understand the main reasons for failure to complete a contract, hence helping you to compare it with the labour situations/organizational environment, its policies etc etc alluring to its failure ......
and at last, you shall also need to consider the employee as a person and personnel, and a company's level in its finance, reputation, field etc etc........
(prepare the questionnaire with the possibilities to research upon as a rough work to get a clear specific ideas......)
To end up with resolving issues takes quite a long time, once you get the info, you may come back for discussions with all enthusiasm......
I wish you a very good luck.......
From India, Bangalore
But "..........Contract Labour has become a headache for the management, exploitation for the workers and anguish for the contractor who is juxtaposed between the two." So what do you mean by this statement?? What kind of a management is that who considers it a headache?? and how does it result in exploitation of workers? and anguish anybody for that matter??
I think this is more a kind of a classroom discussion......... but you do some filed work on the issues i have raised, you may consider that you got the 50% of what you need........
But i may only tell you that, you must consider strictly to draw a line between the opinions and reality when you deal with the issues raised above...... the difference between the facts, illustrations and real situations...... for which you need to look at the decrees or judgements of the courts pertaining to the same......
Thirdly, you shall bifurcate the words in to two, one as the contract, the legal contract all by itself and second being labour with the consideration of a contract.... it helps you find out the legal obligations and failures in completing the contract which in-turn helps you understand the main reasons for failure to complete a contract, hence helping you to compare it with the labour situations/organizational environment, its policies etc etc alluring to its failure ......
and at last, you shall also need to consider the employee as a person and personnel, and a company's level in its finance, reputation, field etc etc........
(prepare the questionnaire with the possibilities to research upon as a rough work to get a clear specific ideas......)
To end up with resolving issues takes quite a long time, once you get the info, you may come back for discussions with all enthusiasm......
I wish you a very good luck.......
From India, Bangalore
Dear BSSV,
Thanks for your response, especially your suggestion for field work for real exposure. Infact i need to get into the field especially in the private sector where I have little experience. Can you suggest an organisation you feel would be ideal for my study, where you feel that the Contract Labour functioning has been good.
As for the issues and problem in Contract labour functioning, I have been reading on this issue since long and have found numerous literature World wide on the exploitation of Contract workers. I am attaching few of them for your information. I have been also discussing this issue and had got an opportunity to research in kolkota, Delhi and Rudrapur (Uttrakhand), besides my own experience in dealing with Contract labour management as a Govt. servant during my posting at 5 different states of India, has given me some insight on Contract labour functioning.
Infact what I feel is that the system of contract labour, fails to create the feeling of belongingness among the workers for the organisation they are working for, as they are considered the workers of the contractor rather than those of the principal employer. The system is thus oriented towards production (cutting cost, improving efficiency) rather than being pro -workers.
Still, there may be organisations where the Contract labour system may be working well. I am seeking guidance from members on the same. Please do guide and educate me on Best practices/ good models in this area.
I myself am planning to visit NHPC, Unchahar, UP, to study contract labour working there as suggested by Central Regional Labour commissioner, Lucknow, as a good model.
Thanks,
Pankaj Kumar
NA: For my study, contract labourers/ workers are unskilled/ semi skilled workers who can easily be replaced/ exchanged
From India, Moradabad
Thanks for your response, especially your suggestion for field work for real exposure. Infact i need to get into the field especially in the private sector where I have little experience. Can you suggest an organisation you feel would be ideal for my study, where you feel that the Contract Labour functioning has been good.
As for the issues and problem in Contract labour functioning, I have been reading on this issue since long and have found numerous literature World wide on the exploitation of Contract workers. I am attaching few of them for your information. I have been also discussing this issue and had got an opportunity to research in kolkota, Delhi and Rudrapur (Uttrakhand), besides my own experience in dealing with Contract labour management as a Govt. servant during my posting at 5 different states of India, has given me some insight on Contract labour functioning.
Infact what I feel is that the system of contract labour, fails to create the feeling of belongingness among the workers for the organisation they are working for, as they are considered the workers of the contractor rather than those of the principal employer. The system is thus oriented towards production (cutting cost, improving efficiency) rather than being pro -workers.
Still, there may be organisations where the Contract labour system may be working well. I am seeking guidance from members on the same. Please do guide and educate me on Best practices/ good models in this area.
I myself am planning to visit NHPC, Unchahar, UP, to study contract labour working there as suggested by Central Regional Labour commissioner, Lucknow, as a good model.
Thanks,
Pankaj Kumar
NA: For my study, contract labourers/ workers are unskilled/ semi skilled workers who can easily be replaced/ exchanged
From India, Moradabad
"........................contract labour, fails to create the feeling of belongingness among the workers for the organisation they a............" this is seen more on the industrial side especially factories........ It would be prejudice for the study if we chose a specif sector ......... you shall need to bifurcate the sector first, get enough details and then choose a specific one to go in depth if interested.........
manufacturing sector gives you more compared to other sectors........ just get an appointment with the companies for the interview and permission to conduct certain field works, choose the companies having higher number employees...... this may take2 or 3 months I surely can assure you that you that by that time you can start wring the body of your project........... You shall need to take the formal letter from the university to get in touch with the organisations.....
Just try calling the companies and take appointment and then permission........ companies would be your choice completely........ there are near Delhi itself..........
Regarding the documents attached above, i must say there already been lot of judicial precedents which has almost covered the issues.......
I wish some one on Cite share their experience if at all if they have already conducted research on the very specific matter....... I suggest you to visit the Lawyersclubindia - Law, Lawyers, Advocates, Law Firms,Legal Help, Legal Experts,Judgements, Social Network for Lawyers, Legal Community, Law Help, Indian Lawyers , also a platform for legal discussions, hoping for the good........
Have a nice time.......
From India, Bangalore
manufacturing sector gives you more compared to other sectors........ just get an appointment with the companies for the interview and permission to conduct certain field works, choose the companies having higher number employees...... this may take2 or 3 months I surely can assure you that you that by that time you can start wring the body of your project........... You shall need to take the formal letter from the university to get in touch with the organisations.....
Just try calling the companies and take appointment and then permission........ companies would be your choice completely........ there are near Delhi itself..........
Regarding the documents attached above, i must say there already been lot of judicial precedents which has almost covered the issues.......
I wish some one on Cite share their experience if at all if they have already conducted research on the very specific matter....... I suggest you to visit the Lawyersclubindia - Law, Lawyers, Advocates, Law Firms,Legal Help, Legal Experts,Judgements, Social Network for Lawyers, Legal Community, Law Help, Indian Lawyers , also a platform for legal discussions, hoping for the good........
Have a nice time.......
From India, Bangalore
Dear BSSV,
Thanks again for your response. I would definately keep a watch on the manufacturing section. I have become a member of Lawyersclubindia - Law, Lawyers, Advocates, Law Firms,Legal Help, Legal Experts,Judgements, Social Network for Lawyers, Legal Community, Law Help, Indian Lawyers as you suggested, it is a good depository of legal documents.
Meanwhile can anybody guide me to an organisation, one feels is an ideal or exemplary for contract labour functioning. Also please suggest me how can I approach the organisation for my study purpose. My study may lead to paper publication also which may highlight the good work been done by the organisation.
Pankaj Kumar
From India, Moradabad
Thanks again for your response. I would definately keep a watch on the manufacturing section. I have become a member of Lawyersclubindia - Law, Lawyers, Advocates, Law Firms,Legal Help, Legal Experts,Judgements, Social Network for Lawyers, Legal Community, Law Help, Indian Lawyers as you suggested, it is a good depository of legal documents.
Meanwhile can anybody guide me to an organisation, one feels is an ideal or exemplary for contract labour functioning. Also please suggest me how can I approach the organisation for my study purpose. My study may lead to paper publication also which may highlight the good work been done by the organisation.
Pankaj Kumar
From India, Moradabad
Dear Pankaj,
My suggestion is better select a large CPSU. The aim of Contact Labour Act is to "regulate and abolish". Therefore, the concern of a student of this subject must be with regard to the system of regulation being practiced and the system of abolition the principal employer is adopting, vis a vis the Govt. notifications concerning that company.
R Krishna Murthy
From India, Nizamabad
My suggestion is better select a large CPSU. The aim of Contact Labour Act is to "regulate and abolish". Therefore, the concern of a student of this subject must be with regard to the system of regulation being practiced and the system of abolition the principal employer is adopting, vis a vis the Govt. notifications concerning that company.
R Krishna Murthy
From India, Nizamabad
Dear pankaj My suggestion is to visit infrastructure companies for a better understanding on the issues related to CL. Rgds Pranavtata
From India, Hyderabad
From India, Hyderabad
Dear All,
Please confirm if there is any limitations on percentage of contract:company workers in an organization.
We are aware that in any day the number of contract workers can not be more than the limit specified in the license (which is 50% of the total factory licensed workforce).
But in any day can number of contract workers be more than the number of regular employees working in an organization.
Thanks
Ambuj
From India, Vapi
Please confirm if there is any limitations on percentage of contract:company workers in an organization.
We are aware that in any day the number of contract workers can not be more than the limit specified in the license (which is 50% of the total factory licensed workforce).
But in any day can number of contract workers be more than the number of regular employees working in an organization.
Thanks
Ambuj
From India, Vapi
Dear Ambuj,
As far as I know there is no limit whatsoever in India. For example the Delhi Metro have majority workers on contract. I know many companies having predominant workforce on contract. In the license the contractor have simply to state the number of contract workers he wish to engage (based on form-V given by the principal employers).
Yes in China as per recent instructions a limit has been set on the percentage of contract workers to be engaged.
Best,
Pankaj
From India, Moradabad
As far as I know there is no limit whatsoever in India. For example the Delhi Metro have majority workers on contract. I know many companies having predominant workforce on contract. In the license the contractor have simply to state the number of contract workers he wish to engage (based on form-V given by the principal employers).
Yes in China as per recent instructions a limit has been set on the percentage of contract workers to be engaged.
Best,
Pankaj
From India, Moradabad
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Notification No G.S.R. 1128(E) Contract Labour (Regulation and Abolition) Central Amendment .pdf
LABOUR CONTRACT AGREEMENT.doc
Contract Labour Act.zip