bonded labour
Querist :
Anonymous
(Querist) 23 April 2010
This query is : Resolved
I am running a brick klin in haryana. many labourer are included in this busiess. labourer from different states comes to work on brick kiln. Every labourer comes after taking advance. from last 2 years labour has adopted a system. they come to brick klin and after few days they file a case that they are bonded on the klin. this is not the case with me only. all haryana, punjab is facing this problem. How can we avoid this.
H. S. Thukral
(Expert) 24 April 2010
If you are paying minimum wages and applying all laws then one can not say that he is a bonded labour. It seems that they are taking advantage of definition of Bonded Labour System(prohibition ) Act. In the Act Bonded Labour System is defined as:-
(g) "bonded labour system" means the system of forced, or partly forced, labour under which a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that,--
(i) in consideration of an advance obtained by him or by any of his lineal ascendants or descendants (whether or not such advance is evidenced by any document) and in consideration of the interest, if any, due on such advance, or
(ii) in pursuance of any customary or social obligation, or
(iii) in pursuance of an obligation devolving on him by succession, or
(iv) for any economic consideration received by him or by any of his lineal ascendants or descendants, or
(v) by reason of his birth in any particular caste or community,
be would-
(1) render, by himself or through any member of his family, or any person dependent on him, labour or service to the creditor, or for the benefit of the creditor, for a specified period or for an unspecified period, either without wages or for nominal wages, or
(2) forfeit the freedom of employment or other means of livelihood for a specified period or for an unspecified period, or
(3) forfeit the right to move freely throughout the territory of India, or
(4) forfeit the right to appropriate or sell at market value any of his property or product of his labour or the labour of a member of his family or any person dependent on him,
and includes the system of forced, or partly forced, labour under which a surety for a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that in the event of the failure of the debtor to repay the debt, he would render the bonded labour on behalf of the debtor;
Since you pay advance to them at their native place they are taking advantage by saying that the services rendered at the kiln are against that advance. You can avoid this by making suitable amends in wages payable system.
To come out with solution please let me know whether this is a seasonal work or runs throughout the year. What kind of agreement you enter with the worker when you pay advance.
Querist :
Anonymous
(Querist) 24 April 2010
Thank You Sir,
For your reply
This is a seasonal work grnerally from october to may-june. One Person on behalf of a group of labourer takes the advance. They come to kiln for work. We have to pay them a per govt. rates. for example this year rate is approximately 300 rupees per 1000 bricks. That advance is adjusted from his complete work. They also take some money, after every 15 day , during their work period for their daily expenses.
H. S. Thukral
(Expert) 26 April 2010
The best solution in the circumstances seems to me is that you enter into a written contract for the work with a contractor who will in turn engage the labour and pay them. While doing so get everything written in the contract such as ESI/PF/ Minimum Wages etc. to be the responsibility of the contractor. A suitable contract can be drafted taking into consideration various problems which at presently are being faced. In this way you pay for the actual work to the contractor and you donot have any direct employer-employee relation with the labour. The contractor should be registered contractor and you should also get a license to engage contract labour. It shall be fully legal and justified.
Querist :
Anonymous
(Querist) 26 April 2010
Thank You Sir,
After making contract with the contractor, if labourer files a case of bonded labour. Who will be responsible eitner me or contractor. Secondly can I recover my money from the contractor.
H. S. Thukral
(Expert) 26 April 2010
Sign the contract at the place which is convenient for you in case of litigation. Do mention the place of signing the contract in the contract. If there is breach of contract then you can sue him ( contractor) at that place. You can successfully contest the case if any on allegations of engagement of bonded labour.
Querist :
Anonymous
(Querist) 27 April 2010
Thank You Sir
