Labour Hub › OSHWC Code › Sections › Section 57

Occupational Safety, Health and Working Conditions Code, 2020 · XI

Section 57: Prohibition of employment of contract labour

Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026

Section 57 — Sets the statutory prohibition and conditions governing employment of contract labour. Key operative text: (1) Notwithstanding anything contained in this Part, employment of contract labour in core activities of any establishment is prohibited:

Full official textSource checked: 20 August 20261 direct Central Rule link(s)

Current-law status

All provisions were brought into force from 21 November 2025 under S.O. 5321(E), subject to the Central/State appropriate-Government split and provision-specific appointments/notifications.

Primary sources

Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗

Finin2min analysis — what the section actually does

Operative clauses

(1) Notwithstanding anything contained in this Part, employment of contract labour in core activities of any establishment is prohibited:
Provided that the principal employer may engage contract labour through a contractor to any core activity, if— (a) the normal functioning of the establishment is such that the activity is ordinarily done through contractor; or (b) the activities are such that they do not require full time workers for the major portion of the working hours in a day or for longer periods, as the case may be;
(b) if a question arises as to whether any activity of an establishment is a core activity or otherwise, the aggrieved party may make an application in such form and manner as may be prescribed, to the appropriate Government for decision;
(c) the appropriate Government may refer any such question suo motu or refer the application to the designated authority, which on the basis of relevant material in its possession, or after making such an enquiry as it deems fit, shall report to the appropriate Government, within such period and thereafter the appropriate Government shall decide the question within such period as may be prescribed.

Provisos, explanations & qualifications

Provided that the principal employer may engage contract labour through a contractor to any core activity, if— (a) the normal functioning of the establishment is such that the activity is ordinarily done through contractor; or (b) the activities are such that they do not require full time workers for the major portion of the working hours in a day or for…

Thresholds and timelines in the text

Provided that the principal employer may engage contract labour through a contractor to any core activity, if— (a) the normal functioning of the establishment is such that the activity is ordinarily done through contractor; or (b) the activities are such that they do not require full time workers for the major portion of the working hours in a day or for…

Actors expressly appearing in the text

Employer, Worker, Appropriate Government, Authority / officer

Full statutory text — Section 57

Official English text transcribed from the current India Code consolidation; page headers/line breaks are normalised for web reading. The Gazette/India Code PDF remains authoritative for typography, amendment footnotes and schedules.

57. Prohibition of employment of contract labour.—(1) Notwithstanding anything contained in this
Part, employment of contract labour in core activities of any establishment is prohibited:
   Provided that the principal employer may engage contract labour through a contractor to any core
activity, if—
      (a) the normal functioning of the establishment is such that the activity is ordinarily done through
   contractor; or
     (b) the activities are such that they do not require full time workers for the major portion of the
   working hours in a day or for longer periods, as the case may be;

      (c) any sudden increase of volume of work in the core activity which needs to be accomplished in a
   specified time.
   (2) (a) The appropriate Government may, by notification, appoint a designated authority to advise that
   Government on the question whether any activity of an establishment is a core activity or otherwise;
      (b) if a question arises as to whether any activity of an establishment is a core activity or otherwise,
   the aggrieved party may make an application in such form and manner as may be prescribed, to the
   appropriate Government for decision;
      (c) the appropriate Government may refer any such question suo motu or refer the application to the
   designated authority, which on the basis of relevant material in its possession, or after making such an
   enquiry as it deems fit, shall report to the appropriate Government, within such period and thereafter
   the appropriate Government shall decide the question within such period as may be prescribed.

How to apply this provision

Primary statutory test — (1) Notwithstanding anything contained in this Part, employment of contract labour in core activities of any establishment is prohibited:
Additional operative limb — Provided that the principal employer may engage contract labour through a contractor to any core activity, if— (a) the normal functioning of the establishment is such that the activity is ordinarily done through contractor; or (b) the activities are such that they do not require full time workers for the major portion of the working hours in a day or for longer periods, as the case may be;
Qualification / exception to test — Provided that the principal employer may engage contract labour through a contractor to any core activity, if— (a) the normal functioning of the establishment is such that the activity is ordinarily done through contractor; or (b) the activities are such that they do not require full time workers for the major portion of the working hours in a day or for…
Numerical or timing control — Provided that the principal employer may engage contract labour through a contractor to any core activity, if— (a) the normal functioning of the establishment is such that the activity is ordinarily done through contractor; or (b) the activities are such that they do not require full time workers for the major portion of the working hours in a day or for…
Central Rule mapping — 101. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
Evidence file — retain facts and records proving the role/status of: Employer, Worker, Appropriate Government, Authority / officer.

Why this is section-specific: the operative-clause, exception, threshold and cross-reference panels above are extracted from Section 57 itself rather than a generic “trigger/control/evidence” template.

Rules, forms and cross-references

Direct 2026 Central Rule mapping

Rule 101

Forms mapped

No prescribed form is directly mapped in the current concordance.

Other sections cited in this text

None expressly mapped in the current concordance.

Related Labour Hub resources

State overlays Forms Labour litigation

A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.

Worked example

For an establishment affected by prohibition of employment of contract labour, the compliance owner should identify the applicable sector and authority, document the prescribed control/notice/record and retain inspection or training evidence. A text point to test is: “Provided that the principal employer may engage contract labour through a contractor to any core activity, if— (a) the normal functioning of the establishment is such that the activity is ordinarily done through contractor; or (b) the activities are such that they do not require ” Also test the express qualification/proviso before concluding the result. Read the mapped Central Rule(s) 101.

Illustration only; it is not statutory text or a substitute for applying the actual facts, jurisdiction, current rule/scheme and official instrument.

Q&A — Section 57

What does Section 57 of the OSHWC Code cover?

What is the main legal requirement or power in Section 57?

The first operative clause identified from the official text is: “(1) Notwithstanding anything contained in this Part, employment of contract labour in core activities of any establishment is prohibited:” Read it with the remaining subsections and any proviso below.

Does Section 57 contain a proviso or explanation?

Yes. A qualification extracted from the official text is: “Provided that the principal employer may engage contract labour through a contractor to any core activity, if— (a) the normal functioning of the establishment is such that the activity is ordinarily done through contractor; or (b) the activities are such that they do not require full time workers for the major portion of the working hours in a day or for…”

What time limit, percentage or amount appears in Section 57?

The provision contains this numerical/time expression: “Provided that the principal employer may engage contract labour through a contractor to any core activity, if— (a) the normal functioning of the establishment is such that the activity is ordinarily done through contractor; or (b) the activities are such that they do not require full time workers for the major portion of the working hours in a day or for…” Apply it only in the clause and context in which it appears.

Which 2026 Central Rules are linked to Section 57?

The current concordance maps Section 57 to Central Rule(s) 101.

Is Section 57 currently operative?

All provisions were brought into force from 21 November 2025 under S.O. 5321(E), subject to the Central/State appropriate-Government split and provision-specific appointments/notifications.

Source & verification trail

Act: Occupational Safety, Health and Working Conditions Code, 2020 — official India Code PDF ↗

Central Rules: Occupational Safety, Health and Working Conditions (Central) Rules, 2026 — G.S.R. 345(E), 8 May 2026 ↗

Official library: Ministry of Labour & Employment — Labour Codes ↗

Source check: 20 August 2026. Individual professional interpretation should be re-reviewed when the section, rules, notification, scheme, State overlay or controlling judgment changes.

Reliance note: This page is an educational legal-reference layer. Verify the current official text, the applicable Central/State rules, notifications, schemes and judicial decisions before acting on a live matter.