Section 30 of THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970
- (1)The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any agreement or contract of service, or in any standing orders applicable to the establishment whether made before or after the commencement of this Act: Provided that where under any such agreement, contract of service or standing orders the contract labour employed in the establishment are entitled to benefits in respect of any matter which are more favourable to them than those to which they would be entitled under this Act, the contract labour shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that they receive benefits in respect of other matters under this Act.
- (2)Nothing contained in this Act shall be construed as precluding any such contract labour from entering into an agreement with the principal employer or the contractor, as the case may be, for granting them rights or privileges in respect of any matter which are more favourable to them than those to which they would be entitled under this Act.
Summary
- This Act usually overrules any other laws or agreements that conflict with it.
- If an old contract or agreement is inconsistent with this law, this law wins.
- There is a major exception: workers get to keep any benefits that are better than what this law offers.
- If an existing agreement gives more leave or higher pay, the worker keeps those better terms.
- Workers are also free to sign new agreements that give them better rights than the law's minimum.
- This section ensures the law is a safety net, not a ceiling for worker benefits.
Practical examples
FAQ
1. What happens if a contract of service is different from THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970?
According to Section 30 of the Act, the provisions of the Act usually prevail over inconsistent contracts unless the contract is more favourable to the worker.
2. Can a worker receive fewer benefits than the Act because of an old agreement under Section 30 of the Contract Labour Act?
No, Section 30 of the Act ensures that the Act's provisions take effect notwithstanding any inconsistent terms in old agreements or standing orders.
3. Does Section 30 of the Act stop workers from negotiating for higher wages than the law requires?
No, Section 30 of the Act specifically states that nothing precludes workers from entering into agreements for rights or privileges that are more favourable than the Act.
Test yourself
Q1.Under Section 30 of THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970, what happens if a standing order is inconsistent with the Act?
Q2.According to the proviso in Section 30 of the Contract Labour Act, when do existing agreements stay in place?
Q3.Can a worker sign a new agreement with a contractor for "rights or privileges" better than the Act under Section 30?
Q4.If an inspector finds a violation of Section 29, but the contractor claims an old local law says he doesn't need to keep registers, what does Section 30 of the Act say?