Impact of New Labour Codes on Contract Labour in India – Simple Guide for Businesses

 

📘 Contract Labour under India’s New Labour Codes – 

India has simplified labour regulations by introducing four new labour codes. These reforms aim to protect workers while making compliance easier for businesses.

One major area affected is contract labour — how companies hire workers through contractors.

The main laws governing this are:

• 📜 Occupational Safety, Health and Working Conditions Code, 2020

• 📜 Code on Social Security, 2020

• 📜 Industrial Relations Code, 2020

Understanding these rules is important for business owners, HR professionals, and compliance advisors.

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⚖️ Core Activity vs Non-Core Activity

The new labour codes focus on where contract labour can be used.

🔹 Core Activity

Core activity means the main business work of an organisation — the activity that generates revenue.

Examples:

Business	Core Activity	Contract Labour
🏭 Manufacturing company	Producing goods	❌ Generally not allowed
💻 IT company	Software development	❌ Generally not allowed
🏥 Hospital	Medical treatment	❌ Generally not allowed

For such activities, companies should normally hire regular employees or fixed-term employees.

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🔹 Non-Core Activity

Non-core activities are support services that help the business operate but are not the main work.

Examples:

Business	Non-Core Activity	Contract Labour
🏢 Office	Housekeeping	✅ Allowed
🏭 Factory	Security services	✅ Allowed
🏥 Hospital	Canteen management	✅ Allowed

These activities are commonly outsourced to contractors.

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📊 Threshold Limit Increased

Earlier, under the
Contract Labour (Regulation and Abolition) Act, 1970,
the law applied when 20 contract workers were employed.

Under the new labour codes:

✔ The law applies when 50 or more contract workers are engaged.

This change reduces compliance burden for smaller establishments.

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🪪 Single License for Contractors

The new framework allows contractors to obtain a single license valid across India.

Benefits include:

✔ Easier deployment of workers
✔ Reduced paperwork
✔ Simplified labour administration

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👨‍💼 Responsibility of the Principal Employer

Even when workers are hired through a contractor, the principal employer may still be responsible if the contractor fails to:

• pay wages

• follow labour laws

• provide welfare facilities

Therefore companies must monitor contractor compliance carefully.

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🚨 Common Mistakes Companies Make

Many businesses face labour disputes due to these mistakes:

❌ Using contract labour in core business activities
❌ Keeping contract workers continuously for many years
❌ Poor contractor agreements
❌ Not maintaining proper labour records
❌ Weak monitoring of contractor compliance

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📌 Practical Example

Activity	Core / Non-Core	Contract Labour
Machine operation in factory	Core	❌ Not allowed
Packaging support	Non-Core	✅ Allowed
Security services	Non-Core	✅ Allowed
Special technical installation	Exception	⚠ Possible

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Businesses should review their manpower structure, contractor agreements, and compliance systems to align with the new labour law framework.

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CA RAMAKRISHNA  SANJAY

📞 +91 77602 52581

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