Hi, I am working as an HR professional in a contractor firm where we employ interstate migrant labor as well as labor from the same state. Therefore, we are required to obtain two licenses:
1. Interstate Migrant Worker License
2. Contract Labor License
I would appreciate any suggestions you may have regarding this matter.
From India, undefined
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1. Interstate Migrant Worker License
2. Contract Labor License
I would appreciate any suggestions you may have regarding this matter.
From India, undefined
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Dear Kamalnegi,
You have to obtain both the licenses - first the Contract Labour License and the ISMW License for engaging people from other states in numbers exceeding 10. A response was provided a couple of days ago, but you seemingly overlooked checking the post.
Thank you.
From India, Mumbai
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713You have to obtain both the licenses - first the Contract Labour License and the ISMW License for engaging people from other states in numbers exceeding 10. A response was provided a couple of days ago, but you seemingly overlooked checking the post.
Thank you.
From India, Mumbai
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Dear Colleague,
Kindly read this along with the views shared by other colleagues on this subject from time to time and now also:
Contract Labour (Regulation & Abolition) Act, 1970:
The objective of the Contract Labour (Regulation and Abolition) Act, 1970 is to prevent the exploitation of contract labour and to introduce better working conditions. A workman is deemed to be employed as contract labour when hired in connection with the work of an establishment by or through a contractor.
It applies:
(a) to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour.
(b) to every contractor who employs or employed twenty or more workmen on any day of the preceding twelve months.
Provided that the appropriate Government may, after giving not less than two months' notice of its intention to do so, apply the provisions of this Act to any establishment or contractor employing such a number of workmen less than twenty as specified in the notification.
Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979:
The objective of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 is mainly to regulate the employment of interstate migrant workmen by providing specific conditions of service and matters connected therewith.
It applies:
(a) to every establishment in which five or more inter-State migrant workmen (whether or not in addition to other workmen) are employed or were employed on any day of the preceding twelve months.
(b) to every contractor who employs or employed five or more inter-State migrant workmen (whether or not in addition to other workmen) on any day of the preceding twelve months.
The objectives of both Acts are slightly different, and the reason for enacting the Inter-State Migrant Workmen Act separately is significant, as explained by the Ministry.
In some states of India, the system of employment of Inter-State migrant labor, known as Dadan Labor, is prevalent. Dadan Labor is recruited from various parts of the state through contractors or agents called Sardars or Khatadars for work outside the state in large construction projects. The workers are often promised monthly wages calculated on a piece-rate basis, but this promise is usually not kept. These workers face long working hours, poor working conditions, and various malpractices, as the provisions of labor laws are not observed in their case.
The protection and welfare of Dadan Labor were discussed at the Twenty-eighth Session of the Labor Ministers' Conference in 1976, leading to the establishment of a Compact Committee to address the issues. The Committee recommended enacting a separate Central legislation to regulate the employment of inter-State migrant workmen, resulting in the Inter-State Migrant Workmen Act of 1979.
Thus, there will be two licenses and two registrations in the system: one under the provisions of the Contract Labour (Regulation and Abolition) Act and the other under the Inter-State Migrant Workers Act 1979.
As you may already be aware, in the proposed Code on Occupational Safety, Health, and Working Conditions 2020, the applicability of the provisions of Contract Labour and Inter-State Migrant Workers is proposed to be upgraded to 50 and 10, respectively, pending the effective date/notification.
Thanks and God Bless,
Dr. P. Sivakumar
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
Acknowledge(0)Amend(0)
Kindly read this along with the views shared by other colleagues on this subject from time to time and now also:
Contract Labour (Regulation & Abolition) Act, 1970:
The objective of the Contract Labour (Regulation and Abolition) Act, 1970 is to prevent the exploitation of contract labour and to introduce better working conditions. A workman is deemed to be employed as contract labour when hired in connection with the work of an establishment by or through a contractor.
It applies:
(a) to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour.
(b) to every contractor who employs or employed twenty or more workmen on any day of the preceding twelve months.
Provided that the appropriate Government may, after giving not less than two months' notice of its intention to do so, apply the provisions of this Act to any establishment or contractor employing such a number of workmen less than twenty as specified in the notification.
Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979:
The objective of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 is mainly to regulate the employment of interstate migrant workmen by providing specific conditions of service and matters connected therewith.
It applies:
(a) to every establishment in which five or more inter-State migrant workmen (whether or not in addition to other workmen) are employed or were employed on any day of the preceding twelve months.
(b) to every contractor who employs or employed five or more inter-State migrant workmen (whether or not in addition to other workmen) on any day of the preceding twelve months.
The objectives of both Acts are slightly different, and the reason for enacting the Inter-State Migrant Workmen Act separately is significant, as explained by the Ministry.
In some states of India, the system of employment of Inter-State migrant labor, known as Dadan Labor, is prevalent. Dadan Labor is recruited from various parts of the state through contractors or agents called Sardars or Khatadars for work outside the state in large construction projects. The workers are often promised monthly wages calculated on a piece-rate basis, but this promise is usually not kept. These workers face long working hours, poor working conditions, and various malpractices, as the provisions of labor laws are not observed in their case.
The protection and welfare of Dadan Labor were discussed at the Twenty-eighth Session of the Labor Ministers' Conference in 1976, leading to the establishment of a Compact Committee to address the issues. The Committee recommended enacting a separate Central legislation to regulate the employment of inter-State migrant workmen, resulting in the Inter-State Migrant Workmen Act of 1979.
Thus, there will be two licenses and two registrations in the system: one under the provisions of the Contract Labour (Regulation and Abolition) Act and the other under the Inter-State Migrant Workers Act 1979.
As you may already be aware, in the proposed Code on Occupational Safety, Health, and Working Conditions 2020, the applicability of the provisions of Contract Labour and Inter-State Migrant Workers is proposed to be upgraded to 50 and 10, respectively, pending the effective date/notification.
Thanks and God Bless,
Dr. P. Sivakumar
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
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