Part I (Contract Labour) of Chapter XI of the Occupational Safety, Health and Working Conditions Code,…
Section 45(2) of the Occupational Safety, Health and Working Conditions Code, 2020 provides that Part I (Contract Labour) of Chapter XI shall not apply to an establishment…
Choose your answer
Part I (Contract Labour) of Chapter XI of the Occupational Safety, Health and Working Conditions Code, 2020 shall not apply to an establishment in which work of which of the following nature only is performed?
Answer and explanation
Correct answer A
Section 45(2) of the Occupational Safety, Health and Working Conditions Code, 2020 provides that Part I (Contract Labour) of Chapter XI shall not apply to an establishment in which work only of an intermittent or casual nature is performed (formerly section 1(5)(a) of the Contract Labour (Regulation and Abolition) Act, 1970). If a question arises whether the work is of that nature, the appropriate Government decides it after consultation with the National Board or a State Advisory Board, and its decision is final. Under the Explanation, work is not deemed to be of an intermittent nature if it was performed for more than one hundred and twenty days in the preceding twelve months, or, if it is seasonal, for more than sixty days in a year.
Work of a perennial nature is not excluded; Part I applies under section 45(1) to every establishment in which fifty or more contract labour are or were employed on any day of the preceding twelve months, and to every manpower supply contractor who has employed fifty or more contract labour. The combined option is therefore wrong, and since a listed option is correct, ‘None of the given options is correct’ is also wrong.
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UGC NET HRM / Labour Welfare and Industrial Relations