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Engaging Contract Labour: Learnings from Landmark Judgements

Author

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  • Subir Bikas Mitra
  • Piyali Ghosh

Abstract

Despite debates on its hiring, contract labour is a growing form of employment in India. Establishments usually maintain a workforce composition of both regular workers and contract labour for optimizing their available resources and ensuring financial prudence. However, in the process, they often get embroiled in compliance issues related to regularization and ‘equal pay for equal work’ in the context of contract labour. In this article, we have explored the different judicial interpretations of the Contract Labour (Regulation and Abolition) Act, 1970, on contract labour. For this, we have referred to the landmark judgements passed by the Supreme Court of India on the deployment and regularization of contract labour, and also their entitlement to equal pay for equal work. A scrutiny of these judgements directs us to advise establishments to avoid engaging contract labour in their core and perennial activities. Considering the statutory provisions and the possible legal complications, we have recommended some measures to establishments to mitigate the underlying risks in deploying contract labour alongside regular workforce in similar kinds of jobs or activities. We propose that the legislative framework grants flexibility to industries to generate employment to contract labour, without compromising on the rights of these workers.

Suggested Citation

  • Subir Bikas Mitra & Piyali Ghosh, 2022. "Engaging Contract Labour: Learnings from Landmark Judgements," Management and Labour Studies, XLRI Jamshedpur, School of Business Management & Human Resources, vol. 47(1), pages 97-118, February.
    • Handle: RePEc:sae:manlab:v:47:y:2022:i:1:p:97-118
    DOI: 10.1177/0258042X211026166
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    References listed on IDEAS

    as
    1. Parry, Jonathan, 2013. "Company and contract labour in a central Indian steel plant," LSE Research Online Documents on Economics 52603, London School of Economics and Political Science, LSE Library.
    2. Jaivir Singh & Deb Kusum Das & Kumar Abhishek & Prateek Kukreja, 2019. "Factors influencing the decision to hire contract labour by Indian manufacturing firms," Oxford Development Studies, Taylor & Francis Journals, vol. 47(4), pages 406-419, October.
    3. Saha, Bibhas & Sen, Kunal & Maiti, Dibyendu, 2013. "Trade openness, labour institutions and flexibilisation: Theory and evidence from India," Labour Economics, Elsevier, vol. 24(C), pages 180-195.
    4. Poonam Gupta & Rana Hasan & Utsav Kumar, "undated". "What Constrains Indian Manufacturing?," Indian Council for Research on International Economic Relations, New Delhi Working Papers 211, Indian Council for Research on International Economic Relations, New Delhi, India.
    5. Shyam Sundar, K.R., 2011. "Non-regular workers in India : social dialogue and organizational and bargaining strategies and practices," ILO Working Papers 994665563402676, International Labour Organization.
    6. Meenakshi Rajeev, 2009. "Globalisation and labour market flexibility: a study of contractual employment in India," International Journal of Development Issues, Emerald Group Publishing Limited, vol. 8(2), pages 168-183, October.
    7. Chaurey, Ritam, 2015. "Labor regulations and contract labor use: Evidence from Indian firms," Journal of Development Economics, Elsevier, vol. 114(C), pages 224-232.
    8. Daniel Schwab, 2020. "Labor protection laws and the drain on productivity: Evidence from India," Review of Development Economics, Wiley Blackwell, vol. 24(2), pages 383-401, May.
    9. repec:ilo:ilowps:466556 is not listed on IDEAS
    10. Bishwanath Goldar, 2010. "Informalization of Industrial Labour in India: Are labour market rigidities and growing import competition to blame?," Working Papers id:3125, eSocialSciences.
    Full references (including those not matched with items on IDEAS)

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