CONTRACT AND FEMALE LABOUR

Presented by, Ashwin

Preface:
● Contract and contract labour
● Applicability
● Governing Acts & Rights
● Conclusion
● Female labour
● Rules and norms
● Governing Acts & Rights
● Conclusion
● Overview
 Contract
A contract is an agreement that specifies certain legally enforceable rights
and obligations pertaining to two or more mutually agreeing parties.
A contract typically involves the transfer of goods, services, money, or a
promise to transfer any of those at a future date.
 Requirements for a contract

● Offer and Acceptance

● Consideration
● Mutual consent
● Legal purpose
● Capabilities
● Possibility of performance
 Contract labour -Meaning
According to M L & E : Contract labour generally refers to workers
engaged by a contractor for user enterprises. It is a significant and
growing form of employment
Actually, the labour or workers whose freedom is restricted by the terms
of a contractual relation and by laws that make such arrangements
permissible and enforceable. The essence of the contract labourer's
obligation is his surrender for a specified period of the freedom to quit
his work and his employer.
 Types of Employment Contract
01 PERMANENT

02 FIXED TERM

03 CASUAL
 Reason to enter an employment contract
1. Long term unemployment(fresher / experienced)
2. Poor economic / financial conditions
3. Change in Employer Mindset
4. Employee turnover
5. Family crisis
 GOVERNING ACTS

Contract Labour (Regulation and Abolition) Act, 1970

● It extends to the whole of India .

Applies to:

1)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

2)It shall not apply to establishments in which work only of an intermittent or casual nature is performed.

3)in relation to an establishment in respect of which the appropriate Government under the Industrial Disputes Act, 1947
 Boards of Control

Central Advisory Board

constitute a board to be called the Central Advisory Contract Labour Board

(a) a Chairman to be appointed by the Central Government;

(b) the Chief Labour Commissioner (Central), ex officio;

(c) such number of members, not exceeding seventeen but not less than eleven, as the Central Government may nominate to
represent that Government, the Railways, the coal industry, the mining industry, the contractors, the workmen and any other
interests which, in the opinion of the Central Government, ought to be represented on the Central Board.
 State Advisory Board
(a) a Chairman to be appointed by the State Government;

(b) the Labour Commissioner, ex officio, or in his absence any other officer nominated by the State Government in that behalf;

(c) such number of members, not exceeding eleven but not less than nine, as the State Government may nominate to represent that
Government, the industry, the contractors, the workmen and any other interests which, in the opinion of the State Government,
ought to be represented on the State Board.

Powers
(1) The Central Board or the State Board, as the case may be, may constitute such committees and for such purpose or purposes
as it may think fit.

(2) The committee constituted under sub-section (1) shall meet at such times and places and shall observe such rules of procedure
in regard to the transaction of business at its meetings as may be prescribed.

(3) The members of a committee shall be paid such fees and allowances for attending its meetings as may be prescribed:

Provided that no fees shall be payable to a member who is an officer of Government or of any corporation established by any law for
the time being in force.
 FEMALE LABOURE
Rural- 121.8 Million Urban- 28.0 Million

Cultivators - 35.9 million Agri labour- 61.5 million Others- 61.5 million

Household industry- 43.7 million

 Safety/Health Measures

1)Section 22(2) of the Factories Act, 1948 provides that no woman shall be allowed
to clean, lubricate or adjust any part of a prime mover or of any transmission
machinery while the prime mover or transmission machinery is in motion

2)Section 27 of the Factories Act, 1948 prohibits employment of women in any part

of a factory for pressing cotton in which a cotton opener is at work.

 Prohibition of Night Work

■ Section 66(1)(b) of the Factories Act, 1948 states that no woman shall be required or

allowed to work in any factory except between the hours of 6 a.m. and 7 p.m.
■ Section 25 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966

stipulates that no woman shall be required or allowed to work in any industrial

premise except between 6 a.m. and 7 p.m.

■ Section 46(1)(b) of the Mines Act, 1952 prohibits employment of women in any mine

above ground except between the hours of 6 a.m. and 7 p.m.

 Maternity Benefit

■ The Maternity Benefit Act, 1961 regulates the employment of women in certain

establishments for certain periods before and after child-birth and provides maternity

benefits. The Building and Other Constructions (Regulation of Employment and

Conditions of Service) Act, 1996 provides for maternity benefit to female beneficiaries

of the Welfare Fund.

 Provisions for Separate Latrines and Urinals

■ Rule 53 of the Contract Labour (Regulation and Abolition) Act, 1970.(1-25 female)

■ Section 19 of the Factories Act, 1948.(sufficiently to be provided)

■ Rule 42 of the Inter State Migrant Workmen (RECS) Central Rules, 1980.

(1-25 female)
■ Section 20 of the Mines Act, 1952.(sufficiently to be provided)

■ Section 9 of the Plantations Labour Act, 1951(sufficiently to be provided)

 Provision for Crèches

■ Section 48 of the Factories Act, 1948.(More than 30)

■ Section 44 of the Inter State Migrant Workmen (RECS) Act, 1979..(More than 20)
■ Section 12 of the Plantations Labour Act, 1951(More than 50)
■ Section 14 of the Beedi and Cigar Workers (Conditions of Employment)

Act, 1966.(More than 30)

■ Section 35 of the Building and other Constructions (Regulation of Employment

and Conditions of Service) Act, 1996.(More than 50)

*** for your kind Patience***