Page 87 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes (2) Ever principal employer shall nominate a representative, duly authorised by him to be
present at the time of disbursement of wages by the contractor and it shall be the duty
of such representative to certify the amounts paid as wages in such manner as may be
prescribed.
(3) It shall be the duty of the contractor to ensure the disbursement of wages in the presence of
the authorised representative of the principal employer.
(4) In case the contractor fails to make payment of wages within the prescribed period or makes
short payment, then the principal employer shall be liable to make payment of wages in
full or the unpaid balance due, as the case may be, to the contract labour employed by
the contractor and recover the amount so paid from the contractor either by deduction
from any amount payable to the contractor under any contract or as a debt payable by the
contractor.

Thus, it is obligatory on the principal-employer to see that the wages of the workers are paid every
month on a fixed date and time and on termination of their employment, payment of wages must

be made before the expiry of the second working day from the day on which their employment
is terminated. Making payment of wages on a working day at the site is also obligatory. If the
work is completed before the expiry of the wage period, fi nal payment should be made within
forty-eight hours of the last working day. The payment should be made directly to the worker or
to a person authorised to ensure the presence of his authorised representative to supervise the
payment of wages by the contractor to workmen and it is also the duty of the contractor to ensure
the payment of wages in the presence of the authorised representative of the principal employer,
who must certify at the end of the entries that the amount shown in such and such column has
been paid to the workmen concerned in his presence on such and such date and at such and such
time. It is also be responsibility of the principal employer to make payment of the wages, in case
the contractor fails to do so within the prescribed period or makes short payment. The principal-
employer, is, however, at liberty to recover the same from the contractor.

Employment of Young Persons

Sec. 67 to 77 and Rules 103 and 104: By Sec. 67, the employment of a child below the age of 14
years is totally prohibited. By virtue of Sec. 68, a child above the age of 14 years and an adolescent
shall not be allowed or required to work unless two conditions are satisfied. (a) He has been

granted a certifi cate of fitness, by a certifying surgeon, which certificate is in the custody of the

manager of the factory. (b) Such child or adolescent carries a token giving a reference to such
certifi cate.
Sec. 69 permits an adolescent to work as an adult for a full day’s work if the certifying surgeon

grants him a certifi cate of fitness. A certifi cate of fitness granted shall be valid for a period of
twelve months from the date of issue. Any fee payable for the certificate shall be paid by the

occupier of the factory and shall not be recovered from the young person or his parents
Sec. 71 provides that a child can be employed to work in a factory for a maximum period of four
and half-hours in a day. The section further provides that a child cannot be employed during
the night time, i.e. from 10 p.m. to 6 a.m. A female child cannot be employed or allowed to work
during 7 p.m. and 8 a.m. Further, a child worker must get a holiday for a whole day in every
week without any exemption.
Sec.72: Notice period of work for children.
Sec. 73: Register of child workers.
Sec. 74: No child shall be allowed to work except in the hours mentioned in the notice periods
given in section 72 and 73.

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