Protection of Interests of Employees Through Outsourcing Agencies

The Government posts are filled up in accordance with the recruitment rules. However, keeping in view the administrative exigency of work and unavoidable circumstances, outsourcing for services through contract is also sometimes resorted to.

There are detailed procedures laid down for procurement of such non-consulting or outsourced services, including through e-procurement, in the “General Financial Rules, 2017 (GFR 2017), and the “Manual for Procurement of Consultancy & Other Services, 2017”.

Statutory and contractual obligations to be complied with in respect of the outsourced employees engaged for provision of services to Government are governed by the applicable Labour Laws such as Contract Labour (Regulation and Abolition) Act, 1970, Minimum Wages Act, 1948, Payment of Wages Act, 1936, Payment of Bonus Act, 1965, Payment of Gratuity Act, 1972, Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, Equal Remuneration Act, 1976, Inter-State

Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, Child and Adolescent Labour (P&R) Act, 1986 and Maternity Benefit Act, 1961 etc.

Protection of the interests of contractors’ employees under these laws, is enforced by the Government through the Office of Chief Labour Commissioner (Central) [CLC(C)] for Central Sphere. The CLC(C) carries out inspections for the purpose, so as to regulate the employment of contract labour, payment of minimum wages, welfare, etc of employees engaged by the contractors for providing service.

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