Along with this, rules have also been set regarding the Seventh Pay Commission (7th pay commission) and GPF. The Department of Personnel and Training has issued instructions from time to time regarding various provisions governing the subject of casual labour. These instructions are broadly classified as follows:-
Appointment, Salary/Wage, Casual Labor Leave
- 1993 Plan (Grant of Temporary Status and Regularization of Casual Labour).
- Additional benefits to casual workers with temporary status (CL-TS) in continuation of the 1993 plan.
Issuing an order on casual labor, it has been said that the rules of their appointment will be different, under which certain conditions have been prescribed:-
- Daily wage earners (informal workers) should not be recruited for work of regular nature.
- Daily wage earners can be recruited only for work which is casual or seasonal or intermittent in nature or for work which is not of full time nature for which regular posts cannot be created.
- The work currently being done by the regular employees should be re-evaluated for production and productivity by the respective administrative departments so that the work being done by casual workers can be assigned to the regular employees. Departments may also review staff norms for routine work and take steps to revise them
- Issuing an order, the DOPT said that it has been observed that in spite of strict guidelines on appointment of daily wage laborers vide above mentioned OM, various Ministries/Departments continue to participate in work of regular nature against the policies of the Government. Continuing to hire casual workers.
- Therefore, it is reiterated that all Ministries/Departments should ensure strict compliance of the guidelines on appointment of casual labour. Negligence in implementing these guidelines should be viewed seriously and brought to the notice of appropriate authorities for taking prompt and appropriate action against the defaulters.
Salaries & Wages
- Where the nature of work assigned to casual employees and regular employees is similar, temporary employees may be paid at the rate of 1/30th of the minimum relevant scale of pay and dearness allowance for 8 hours per day work . ,
- In cases where the work performed by a casual employee is different from the work performed by a regular employee, the casual employee may be paid only the minimum wages notified by the Ministry of Labor and Employment or State Government/UT Administration
- whichever is higher as per the Minimum Wages Act, 1948, however, if a department is already paying daily wages at a higher rate, this practice may be continued with the approval of its financial advisor.
Leave Rules Amendment
- Casual workers may be granted a paid weekly off after six days of continuous work.
- Payment to casual workers can be restricted to only those days on which they actually perform duty under the government, as mentioned above.
- In addition, they will also be paid for a national holiday, if it falls on a working day for casual workers.
- It has also been decided that casual workers working in offices having a five-day week may be granted one day’s weekly off, provided they have worked for at least 40 hours during the said week.
Benefits
- Wages at daily rates with reference to the minimum scale of pay for the concerned regular (erstwhile) Group ‘D’ officer including DA and HRA.
- The benefits of increment at the same rate applicable to a (erstwhile) Group ‘D’ employee shall be taken into account for computing the pro-rata pay for each one year of service, provided the performance of duty for at least 240 days to be done.
- The entitlement of leave will be on proportionate basis at the rate of one day for every 10 days of work.
- No casual or any other kind of leave will be admissible except maternity leave.
- They will also be allowed to carry forward the leave on their credit on their regularization. They will not be entitled to the benefits of encashment of leave on termination or leaving the service for any reason.
- Women casual laborers were to be allowed maternity leave admissible to regular Group ‘D’ (erstwhile) employees.
- 50% of the service rendered under temporary status will be counted for the purpose of retirement benefits after regularization.
- After rendering three years of continuous service after grant of temporary position, casual laborers shall be treated at par with temporary (erstwhile) Group ‘D’ employees for the purpose of contribution to the General Provident Fund, and shall be eligible for further
- Festival Advance/Flood Advance is granted on the same conditions as are applicable to temporary erstwhile Group ‘D’ employees, subject to production of two sureties from the permanent Government servants of their department.
- Unless they are regularised, they will be entitled to productivity linked bonus/ad-hoc bonus, as applicable to casual labour.
- No other benefit was admissible to the temporary workers in temporary status other than those specified above.
- The pay of temporary employees with temporary status on regularization in the same grade for Group ‘D’ (erstwhile) (and now Group ‘C’) posts shall be determined taking into account the increments already earned by them in Group ‘D’ . (Formerly) (and now Group ‘C’) pay scale which was taken into account for payment of wages while working as casual employee with temporary position.
- Such calculation of previous increments earned on regularization shall be for the purpose of fixation of pay only and they shall not be entitled to claim any other benefit like seniority or promotion etc. on the basis of such casual service.
Salary/Wage as per 7th CPC
- As per Government of India notification dated 25th July, 2016 on implementation of the recommendations of 7th Central Pay Commission, casual workers in temporary position will continue to receive their salary as per provisions of casual workers from 01.01.2016.
- Grant of Temporary Status and Regularization) scheme, prepared on the basis of Group ‘C’ pay scales as per Level 1 of the Pay Matrix recommended by the Seventh Central Pay Commission and approved by the Government, provided they are matriculated.
- The above benefit of wages is applicable with effect from 01.04.2015 in case of similarly placed non-matriculation pass casual workers with temporary status.
- The extension can be done only after imparting the requisite training on the lines indicated in MoF’s OM No. 1/1/2008-IC dated 24.12.2008 by the concerned Administrative Ministries/Departments dated 01.01.2016.
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