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The Orissa Contract Labour (Regulation and Abolition) (Conditions of Service) Rules, 1975
Published vide Notification Orissa Gazette Extraordinary No. 305/14.3.1986 - Notification No. 23690/4.9.1985
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Condition of Service
In exercise of the powers conferred under Clause (b), Sub-rule (2) (v) of Rule 25 of the Orissa Contract Labour (Regulation and Abolition)Rules, 1975 the Labour Commissioner, Orissa hereby specified the following conditions of service, rates of wages, holidays and hours of work for the workmen employed by the contractors, who do not perform the same similar kind of work as the workmen directly employed directly employed by the principal employer of an establishment. 1. Employment Card. - The contract labour employed by a contractor shall be provided with an Employment Card indicating therein the name of the workman, father's name, designation, date of appointment, his token number, wage rates and his residential address. 2. Hours of work. - (a) No adult workman shall be required to work for more than 8 hours in any day and 48 hours in a week.(b) No young person who has not completed 18 years of age shall be required to work for more than 7 hours in any day and 42 hours in a week.
3. Rest Interval. - No workman shall be required to work for more than 5 hours in any day unless he/she has an interval of rest for at least half-an-hour. 4. Spread over. - The period of work of any workman shall be so arranged that alongwith his interval of rest, it shall not spread over more than 10 hours in any day. 5. Weekly Holidays. - Every workman shall be allowed a day of rest of one whole day in a week for which he shall receive payment equal to his average daily wages during the preceding week : Provided that where a workman has not worked for all the days of work in a week he shall be entitled to proportionate payment for weekly rest day calculated on the basis of total wage earned during the week, i.e., total wages earned divided by six. 6. Extra wages for over-time. - Where a contract labour is required to work for more than 9 hours in any day, or 48 hours in a week he shall in respect of over-time work be entitled to wages to double the ordinary rate of wages. Explanation. - The expression "Ordinary rate of Wages" means basic wages plus Dearness Allowance or the consolidated wage. 7. National and festival holidays. - (1) Every workman employed by the contractor, shall be entitled to 8 holidays in a calendar year with wages which shall include 26th January, 15th August and 2nd October and 1st May. The remaining 4 holidays will be fixed by mutual discussion between the contractor and his labour each year by the end of November. The list of holidays so decided shall be duly and prominently displayed by the contractor at the place of employment and a copy thereof shall be furnished to the Local Assistant Labour Officer/District Labour Officer by 5th December, each year. (2) A workman would be entitled to the National and Festival holidays as per Sub-clause (1) if he has put at least 15 days of work during the calendar year and has been oil rolls a day prior to the holiday. (3) Where a workman who is entitled to the holiday is required or allowed to work on any holiday, he shall at his option be entitled to -(a) twice the wages, or
(b) wages for such day and to avail himself of a substituted holiday with wages on one of the seven days immediately after the day on which he so works.
8. Leave with wages. - (a) Every workman who has worked under a contractor during the calendar year shall be allowed leave with wages for number of days calculated at the rate of-(i) if an adult one day for every 20 days of actual work performed by him;
(ii) if young person one day for every 15 days of actual work performed by him.
Explanation. - For the purpose of calculation of period of actual work, weekly offs, festival holidays and other interruptions like lay-off shall be treated as service rendered.(b) Leave admissible under this clause shall be exclusive of all holidays whether occurring during or at either period of leave.
(c) In calculating leave under this clause, fraction of leave of half-a-day or more shall be treated as one full day's leave and fraction of leave less than half-a-day shall be omitted :
Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed 30 days in case of an adult worker and 40 days in case of a young person. The contractor shall pay the wages in lieu of unavailed leave wherever a contract labour quits the employment.(d) A workman may, at any time apply in writing to the contractor or his authorised representative not less than 7 days before the date on which he wishes his leave to begin take all the leave or any portion thereof allowable to him during the calendar year :
Provided further that, the number of times in which leave may be availed during any calendar year shall not exceed thrice.(e) Every employee for the period of leave allowed under this clause shall be paid at a rate equal to the daily average of his total full time earning for the days on which he worked during the month immediately preceding his leave exclusive of any overtime, but inclusive of Dearness Allowance, if any.
(f) If a workman entitled to leave is discharged by the contractor before he has been allowed such leave, or if the leave applied for by such workman has been refused and if he quits his employment before he has been allowed the leave, the contractor shall pay to the workman, the wages in respect of the period of unavailed leave within one week of his quitting.
(g) If the existing leave facilities are more beneficial than those provided in this clause, the employee will continue to enjoy the existing facilities.
9. Restriction on employment of females. - No female contract labour shall be required or allowed to work after 7 p.m. or before 6 a.m. : Provided that Labour Commissioner may, by an order, in respect of any factory, group or class for description of factories/establishments vary limits laid under this clause. However no such variation shall authorise employment of any workman between 10 p.m. and 5 a.m. 10. Wages. - (1) Where no rates of wages have statutorily been fixed for any category or class of workman the contractor shall pay wages not less than Rs. 10 per day to an unskilled workman Rs. 15 per day to a semiskilled workman and Rs. 20 per day to skilled workman subject to revision, as may be notified by the Labour Commissioner, Orissa from time to time. (2) If a question/dispute arises regarding classification of a particular workman or a class of workman the Labour Commissioner, Orissa shall decide that question/dispute and his decision, shall be final. (3) If the statutory wages in force or wages fixed under any award or settlement one more beneficial to the workman, they will continue to be paid notwithstanding the rates of wages fixed under Rule 25(v)(b) of the Orissa Contract Labour (R. & A.) Rules, 1975. (4) Where any category of employee is actually in receipt of higher rate of wages than those specified above, he/she shall continue to be paid such higher wages. Explanation. - (i) Where the monthly rate has been computed the daily rate shall be multiplied by 30 days.(ii) Where the employees are being paid at piece rates, they shall not receive wages less than the wages provided in Clause (i) above.
11. Lay-off and Retrenchment, etc. - (1) Chapters V-A and V-B of the Industrial Disputes Act, 1947 regulating lay-off and retrenchments shall apply to contractor's establishments in which fifty or more workmen, on an average per working day have been employed in the preceding calendar month. (2) In respect of contractor's establishments employing less than fifty contract labour on average per working day the following procedure shall be followed :(i) The contractor may at anytime on the event of fire catastrophe, break-down of machinery or stoppage of power supply, epidemics, civil commotion or other causes beyond his control stop work for any period or periods without notice.
(ii) In the event of such stoppage during working hours, the workman affected shall be notified by notice put upon the notice board in a conspicuous place as soon as practicable, when the work will be resumed and whether they are to remain on leave, the place of work. The workmen shall not ordinarily be required to remain for more than two hours after the commencement of work stoppage.
If the period of detention does not exceed one hour the workman detained shall be entitled to receive wages for the whole-time during which they are detained as a result of the work stoppage. In case of piece rate workers, the average daily earnings for the previous week shall be taken to be the daily wages.(iii) Where workmen are laid-off for short period, on account of failure of plant or due to temporary curtailment of production, the period of unemployment shall be treated as compulsory leave either with or without wages, as the case may be. When however the workmen leave to be laid off for an indefinite long period or the contract of work is completed their service may be terminated after giving them due notice or pay in lieu of notice.
(iv) The contractor may in the event of a strike affecting either wholly or partially any section or Department of the contract work lock out either wholly or partially such section or Department affected by such strike. The declaration of such lock-out shall be notified by a notice put on the notice board in the section or Department as soon as practicable. The workmen concerned shall also be notified by a general notice prior to lifting of lock-out, as to when the work will be resumed.
12. Procedure for termination of services. - (1) No contractor shall without reasonable cause, terminate the services of a workman who has been in his employment continuously for a period of 30 days or more without giving such workman at least 3 days' notice in writing or wages in lieu thereof except for acts of misconduct. (2) The following acts and omission shall be treated as misconduct on the part of a workman.(a) Wilful insubordination or disobedience whether alone or in combination with others of any lawful and reasonable order of superior;
(b) Participating in an illegal strike, insisting others to strike work in contravention of the provisions of any law;
(c) Theft, fraud or dishonesty in connection with the contractor's or Principal Employer's business or property;
(d) Wilful starving down in performance, or abetment, or instigation thereof;
(e) Habitual breach of any law applicable to the work place or any rule made thereunder;
(f) Drunkenness, riotous or disorderly or indecent behaviour at the work place;
(g) Habitual neglect of work or habitual negligence;
(h) Wilful damage to work in progress;
(i) Hoping meetings within the premises without prior permission of the employer;
(j) Gambling within the premises of the work;
(k) Violation of safety provisions/regulations applicable;
(l) Sleeping while on duty;
(m) Habitual late attendance.
Explanation. - Continuous late attendance for 15 days would be treated as habitual late attendance.(n) Threatening, abusing or assaulting any superior or co-worker;
(o) Habitual absence without leave application for more than 5 consecutive days or over-staying the sanctioned leave without sufficient grounds or proper or satisfactory explanation.
(3) A workman found guilty of misconduct may be punished with warning, fine, suspension for a period of 7 days without wages or dismissal. (4) No order of punishment for misconduct shall be made except after holding a domestic inquiry against the workman following the principles of natural justice and finding him guilty, while awarding punishment, the gravity of the misconduct and past records of the workman shall be taken into consideration. (5) If a workman absents himself for more than 5 continuous working days without leave application of making a representation to the contractor and without sufficient cause, his service shall be liable for termination without notice. 13. Maintenance of registers. - Every contractor shall maintain relevant registers as prescribed under Rule 77 of the Orissa Contract Labour (Regulation and Abolition) Rules, 1975. 14. Bar on employment of child labour. - No child, below the age of fifteen years shall be allowed to work as contract labour in any establishment.
