To begin with pertained topic it can say that it is not the
nomenclature of the term but the real intent to decide when it is a Contract Labour
or outsourcing. It can also be said like contract labour reflect manpower where
as outsourcing reflects the job or the activity.
Neither the term “Contract Labour” nor the term
“outsourcing” has been defined under Contract Labour Act rather it has been
defined about term “workman”. Hence, while discussing about term “Contract
Labour” and “outsourcing”, the intention appears to be same. Term “outsourcing”
has been used very intelligently to create confusion between the two.
Further the term “Contract Labour” applied to man power
engaged by contractor to produce a given result for principal employer where
this man power has no direct relationship of employer-employee with the
principal employer. This includes the simple supply of manpower to principal employer
by contractor where contractor is not involved in specified activity.
Now to explain about term “Outsourcing”, this describes more
or less same meaning viz. of “contract labour”. This means that when an
employer engages someone to deliver a specified result where employer is not
involved with the man power engagement or supervision or control activity over
such man power.
Now, we will discuss difference between terms “perennial” and
“permanent” work under contract labour act.
To begin with neither
the term “perennial” nor the “permanent” has defined under the Contract Labour
Act.
But, the word “perennial” has been used under sec. 10(2)(b)
where it is said that if the work exists for sufficient duration will be
considered as of “perennial” nature.
Further Act nowhere prohibits engagement of contract labour
on any job or activity or service unless it is prohibited by the Appropriate
Government under the provisions of the Act.
But in this regard only Andhra Pradesh State Government has
given some clarity with amendment in said Act in the year 2003 stating about on
which contract labour can be deployed.
I hope from above you will get some clarity on subject
matter.
Namo…..
Regards,
Girish Jayram Vivalkar
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IMPORTANT:
Information in this blog is being provided as-is without any warranty/guarantee of any kind.
This blog is intended to provide information only. If you are seeking advice on any matters relating to information on this blog, you should – where appropriate – contact us directly at girishvivalkar979@gmail.com with your specific query or seek advice from qualified professional people.
We encourage you to take steps to obtain the most up-to-date information and to confirm the accuracy and reliability of any information on this blog in general by directly communicating with us.
Disclaimer - IMPORTANT
Privacy Policy:-
We do not share personal information with third-parties nor do we store information we collect about your visit to this blog for use other than to analyze content performance through the use of cookies (see below), which you can turn off at anytime by modifying your Internet browser’s settings. We are not responsible for the republishing of the content found on this blog on other web sites or media without our permission.
Terms and Conditions:-
All content provided on this blog is for information purpose only. The owner of this blog makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this blog site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.
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The owner of this blog reserves the right to edit or delete any comments submitted to this blog without notice. The owner of this blog is not responsible or liable for any comments made by others on this blog.
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