The Occupational Safety, Health and Working Conditions Code, 2020
Section 45. Applicability of this Part
In simple words
- The contract labour Part applies to every establishment that employed fifty or more contract labour through contract on any day of the preceding twelve months s. 45(1)(i).
- It also applies to every manpower supply contractor who employed fifty or more contract labour on any day of the preceding twelve months s. 45(1)(ii).
- It does not apply where only intermittent or casual work is done; work done for more than one hundred and twenty days in twelve months, or for more than sixty days a year if seasonal, is not intermittent s. 45(2). See the contract labour guide.
An explanation, not the law. The official text below prevails.
Official text
(1) This Part shall apply to—
(i) every establishment in which fifty or more contract labour are employed or were employed on any day of the preceding twelve months through contract;
(ii) every manpower supply contractor who has employed, on any day of the preceding twelve months, fifty or more contract labour.
(2) This Part shall not apply to the establishment in which work only of an intermittent or casual nature is performed:
Provided that if a question arises as to whether work performed in an establishment is of an intermittent or casual nature, the appropriate Government shall decide that question after consultation with the National Board or a State Advisory Board and its decision thereon shall be final.
Explanation.—For the purpose of this sub-section, work performed in an establishment shall not be deemed to be of an intermittent nature—
(i) if it was performed for more than one hundred and twenty days in the preceding twelve months; or
(ii) if it is of seasonal character and is performed for more than sixty days in a year.