Regd. No. HSE-4912009-2011.
RULES SUPPLEMENT TO PART-II
THE ANDHRA PRADESH GAZETTE
PUBLISHED BY AUTHORITY
No.6] HYDERABAD, TUESDAY, AUGUST 18, 2009.
NOTIFICATIONS BY HEADS OF DEPARTMENTS, Etc.
COMMISSIONER OF LABOUR
REVISION OF WAGES FOR CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1971 AND THE A.P RULES, 1971 - FINAL NOTIFICATION.
Ref:- Draft Notification NO.3, dated 03-06-2009 of the Commissioner of Labour, A.P., Hyderabad.
In the reference read above, a draft notification has been issued vide Procgs.No.S2/3622/09, dated 09.04.2009 which was published in Part-II. Extraordinary Gazette NO.3, dated 03.06.2009 calling for objections and suggestions from the affected parties on the proposed wage rates to the contract labour.
By taking into consideration the objections and suggestions offered by the representatives of Managements and the Unions on the above draft notification and exercise of the powers conferred under clause (b) of sub-rule v of Rule 25 of AP. contract Labour (Regulation and Abolition) Rules, 1971 and in terms of the service condition NO.12. I. the Commissioner of Labour, A.P. Hyderabad hereby order the allowing amendments to condition NO.12 which is specified in Proceedings no D1/8385/1979; dated: 15-09-1979 under clause (b) of sub-rule of Rule 25 of the AP Contract labour (R&A) Rules 1971, which will have effect from the date of publication in the A P. Gazette.
For the service condition NO.12 specified under clause (b) of sub-rule v of Rule 25 of the AP. Contract Labour (R&A) Rules. 1971, following shall be substituted namely.
(i) Where no rate of wages have been regulated by way of, agreement/settlement/award or no wages have statutorily been prescribed under Minimum Wages Act. 1948 for such employment where applicable for any category or class of workmen, the contractor shall pay wages:
Rs.4030/- p.m. for unskilled worker
RS.5070/·p.m. for Semi-skilled worker
RS.6110/-p.m. for skilled worker.
(ii) To arrive at daily wages the monthly wages shall be divided by 26, which is inclusive of holiday wages.
(iii) If statutory wages or wages regulated as per award / settlement / agreement which are in force are more beneficial to the workmen. The workers shall be entitled to such, rates of wages notwithstanding. The rates of wages fixed under his/her service conditions
(iv) Where any category of worker is actually in receipt of higher of wages then the wages specified under this service condition he/she shall continued to be paid such higher wages.
(v) Where piece rate workers are employed in operation of the establishment, the wages paid to such worker for a normal working day of 8 hours shall not be less than the wages fixed for a general in that operation doing similar work.
(vi) The rates of wages payable to the workmen by the contractor shall not be less then the rates prescribed under the minimum Wages Act, 1948 (11 of 1948) for such employment where applicable and where the rates have so fixed as per Rule 25 (iv).
(vii) In case where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work;
Provided that in the case of any disagreement with regard to the type of work, the same shall be decided by the Commissioner of Labour. Andhra Pradesh, whose decision shall be final. (As per Rule 25 (v) (a)
DEFINITION OF CATEGORIES WILL BE AS FOLLOWS: -
a) Skilled: Skilled work is that which includes skill acquired through experience on the job or through training as apprentice in technical or vocational institution and the performance of which calls for initiation, accuracy and judgment.
b) Semi skilled; Semi-skilled work Is that Which involves some degree of skill acquired through experience on the job and which Is capable of being performed under supervision and guidance of a skilled employee.
c) Unskilled: unskilled work is that which involves simple operations requiring little or no skill or experience on the job.
Hyderabad, D. SREENIVASULU,
04-08-2009. Commissioner of Labour.
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