Question : VIOLATION OF LABOUR LAWS BY OUTSOURCING AGENCIES



(a) whether several jobs in the Public Sector Undertakings (PSUs), Government and Semi-Government departments and private companies are got executed through outsourcing;

(b) if so, the details thereof, State-wise, PSUs-wise Government Department-wise and private company-wise;

(c) whether the Government has received any complaints regarding violation of various Labour Laws by outsourcing agencies during each of the last three years and the current year;

(d) if so, the details thereof, State-wise; and

(e) the action taken by the Government against such agencies?

Answer given by the minister


MINISTER OF THE STATE IN THEMINISTRY OF LABOUR AND EMPLOYMENT (SHRI HARISH RAWAT)

(a) & (b): Yes, the Ministries/Departments and PSUs may outsource certain routine services e.g. cleaning, maintenance, moving papers/dak etc in the interest of the economy and efficiency under Rule 178 of General Financial Rules (GFR). These Rules also provide for the Ministries/Departments intending to out-source service and to prescribe detailed instructions and procedures for this purpose without contravening the basic guide-lines contained in General Financial Rules. Rule 180
(iv) of GFR stipulates inclusion of the statutory and contractual obligation to be complied with by the contractor.

Further, any establishment, whether in Public Sector or Private Sector, can engage contract labour in a job unless the specific job in a specified establishment is prohibited under provisions of Section 10 of the Contract Labour (Regulation & Abolition) Act, 1970.

The number, type of job and period of the out-sourcing depend on the quantum and Schedule of the project and as such no separate centralized data on out-sourcing is maintained. However, the number of contract labourers covered by licenses in the central sphere during the last three years and the current year is as under:-

Year	No. of contract labourers

2006-07 1001947

2007-08 1313746

2008-09 1377610

2009-10 1387784 (provisional)

(c) to (e): In the Central sphere, the officer of Chief Labour Commissioner (Central)’s organization conduct inspection regularly under the Contract Labour (Regulation & Abolition) Act, 1970 and take action by filing prosecution cases against the defaulting employers and contractors.

Details of Inspection conducted and prosecution launched during the last three years and current year under Contract Labour Act, 1970.
S.	Activity	2006-07	2007-08	2008-09	2009-10
No.	(Prov)

1 No. of Prosecutions 2648 3675 3573 2401 launched

2 No. of convictions 887 1228 733 775

3 No. of contract 1001947 1313742 1377610 1126010 labourers covered by licenses

4 No. of licenses 8186 5657 7419 3961 revoked/cancelled

5 No. of registration 51 14 35 18 certificates revoked/cancelled