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CASUAL WORKERS

(Querist) 13 May 2011 This query is : Resolved 
please member kinldy guide me:-

what are the difference between the unskilled and casual labours.

whether casual labour falls under the purview of Payment of Minimum Wages Act.

whether educational institution registered under Mumbai Trust Act are considered as Commercial Establishment under Bombay Shop and Establishment Act.

whether Casual labours are entitled for Gratuity and bonus.

whether attendence card cum wage slip are require to be provide to the casual workers

whether Equal Remuneration Act applies to Casual workers.

kinldy requested to do the needful
Kirti Kar Tripathi (Expert) 15 May 2011
I think you are confused. You have mixed so many questions, which are not related or connected with each other in any way. This is the experts forum. All these academic queries can not be answered in this forum.
M V Gupta (Expert) 15 May 2011
Your queries are answered below seriatem:
1. Unskiled labour means those who are engaged on work which does not require any training or experience. The work is generally manual and repetitive in nature.
2. causla labour means those who are engaged on particular days to meet exigencies of the work, such as sudden increase in the work load or absence of the regular workers etc. These are not on the regular employment rolls of the employer and are not entitled to any perks or retirement benefits to which the regular employees are entitled.
3. Educational institutions are not commercial establishments. However they are establishments for the purposes of Shops And Establishments Act.That is why the Bombay Shops And Establishments Act, 1948 exempts them, except however coaching or tutorial colleges conducted by individuals or institutions not affiliated to any Universuity etc.
4. Casual labour are not entitled for gratutiy and bonus.
5. Maintenance of wage slips is necessary as they will be evidence for the number of days a person is engaged as casual labourer and the wages paid to him. These slips are to be kept with the employer. But in some establishments identity cards are issued to casual labourers for security reasons.
5. Equal remuneration Act applies to the casual labour also. Gender discrmination is also not allowed under the Act.
Guest (Expert) 15 May 2011
I agree with Mr. MV Gupta. However to supplement his answer, it is clarified that it is not necessary that only unskilled labour can be employed on casual basis. A casual labour can be any, unskilled, semi-skilled or even skilled worker.
Raja (Expert) 25 January 2012
Well explained by Sri Gupta.


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