On 7 July 2026, the Ministry of Labour and Employment issued an order prescribing the manner and process through which an aggrieved party may apply to the Central Government for a determination of whether an activity of an establishment is a core activity or otherwise.
A core activity, as defined under Section 2(1)(p) of the Occupational Safety, Health and Working Conditions Code, 2020, means any activity for which an establishment is set up and includes any activity that is essential or necessary to such activity. The Code also specifies certain ancillary or support services that are generally not regarded as core activities where the establishment has not been set up to undertake such activities.
Key Highlights:
1. This order has been issued under Rule 101 of the Occupational Safety, Health and Working Conditions (Central) Rules, 2026.
2. An aggrieved party, including the principal employer, contractor, sub-contractor, trade union or workers, may submit an application in the prescribed form along with supporting documents.
3. The prescribed application form requires, among other details:
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Name and address of the establishment;
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Name and address of the contractor/sub-contractor;
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Contract labour licence number and date;
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Details of the work order;
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Period for which contract workers have been engaged;
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Core activity of the establishment;
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Activity in which contract workers are employed;
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Number of contract and permanent workers;
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Details of the party raising the dispute;
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Brief description of the dispute; and
4. List of supporting documents attached. Applications may be submitted either by email (lwa-mole@gov.in) or by Speed Post to the Under Secretary (Contract Labour), Ministry of Labour and Employment.
5. Once the application is received, the Ministry may refer the issue to the designated authority.
6. The designated authority may carry out an inquiry or examine the existing records as it deems fit and shall make its report with recommendations to the Ministry within 60 days from the date of receipt of the application.
7. The Ministry is required to decide whether the activity is a core activity or otherwise within 30 days of receiving the designated authority’s report.
8. The Ministry is required to follow the principles of natural justice while deciding the application, and its decision shall be communicated to the aggrieved party.
