Rules 100 and 101 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 100 requires every concerned contractor to issue, on demand, an experience certificate in Form XXIII to contract labour. Rule 101 deals with disputes over whether an activity is a "core activity" of an establishment, where contract labour is restricted: the aggrieved party applies to the Central Government, and no adverse action is taken while the matter is pending.
Rule 100: the contractor issues an experience certificate in FORM-XXIII on demand, giving details of the period, work performed and experience gained in the fields worked. Rule 101: if it is questioned whether an activity is a core activity, the aggrieved party may apply to the Central Government, which may refer it to a designated authority; the form, manner and time period come from a Central Government order; and no adverse action is taken during the pendency, so the operation of the activity is not affected.
The Code provisions behind the rules
Section 56 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) says every concerned contractor shall issue, on demand, an experience certificate in the form prescribed by the appropriate Government to the contract labour, giving details of the work performed by the labour. See our sections 55 and 56 explainer.
Section 57(1) prohibits employment of contract labour in core activities of any establishment, with a proviso allowing it where (a) the normal functioning of the establishment is such that the activity is ordinarily done through a contractor, (b) the activities do not require full-time workers for the major portion of the working hours in a day or for longer periods, or (c) there is a sudden increase of volume of work in the core activity which needs to be accomplished in a specified time. Section 57(2) lets the appropriate Government appoint a designated authority to advise it on whether an activity is a core activity; an aggrieved party may apply in the prescribed form and manner to the appropriate Government; the Government may refer the question suo motu or refer the application to the designated authority, which reports within a prescribed period, after which the Government decides within a prescribed period. See our section 57 explainer.
The Central Rules apply where the Central Government is the appropriate Government. Where the State is the appropriate Government, State rules apply. A labour law compliance review can tell you which activities you can lawfully run through contractors.
Rule 100: experience certificate
| Point | Reading |
|---|---|
| Who issues | Every concerned contractor |
| To whom | The contract labour |
| When | On demand |
| Form | FORM-XXIII |
| What it states | Details of the period, work performed and experience gained in the various fields performed by the labour |
What Form XXIII contains
The form is titled "Experience Certificate of Contract Labour" and is addressed "To whomsoever it may concern". As printed, it asks for the contractor's or employer's name, LIN or PAN, email and mobile; nature and location of work; the principal employer's name, LIN or PAN, email and mobile; the labourer's name, UAN or Aadhaar number and mobile; serial number in the employee register; registration number, date and name of the Board where the building or other construction work is registered as a beneficiary; period of employment; designation; and work performed. It ends with the seal and signature of the contractor.
Practical points
- On demand. The duty arises when the worker asks. The rule does not give a deadline for issue. The text is silent on a time limit, a fee (the Code's section 49 bars fees from contract labour) and what happens on refusal. Section 49 says the contractor shall not charge directly or indirectly any fee or commission from contract labour; do not charge for the certificate.
- Who signs. The contractor, with seal.
- Keep the register. The form asks for the serial number in the employee register, so keep that register accurate.
- Use for the worker. The certificate evidences period and work done, helpful when moving between contractors or applying for skilled work. The Rules do not say it affects any statutory benefit.
Rule 101: prohibition of employment of contract labour
Rule 101 supplies the procedure on the core activity question left to the Rules by section 57(2).
| Element | What the rule says |
|---|---|
| Trigger | A question arises whether any activity of an establishment is a core activity or otherwise |
| Who may apply | The aggrieved party |
| To whom | The Central Government, which may refer the application to the designated authority notified by the Central Government |
| Form, manner and time | As per general or special order of the Central Government, issued from time to time |
| Proviso | No adverse action will be taken during the pendency of proceedings, so that the operation of the activity is not affected |
What this means
- The Rules give no form, time period or fee. The text defers them to a Central Government order. The text also does not define "core activity" here; section 2 of the Code carries the definition, which this article does not rely on beyond the Code's section 57.
- Who is "aggrieved". The text does not say who, for example a union, a contractor, a contract worker or the principal employer. Any aggrieved party may apply.
- Standstill. During pendency, no adverse action will be taken so that the activity is not affected. The text does not say who is bound or what counts as "adverse action". It protects continuity: the activity can go on as it is while the question is decided.
- The three exceptions in the Code. Even if an activity is core, the section 57(1) proviso lets the principal employer engage contract labour if it is ordinarily done through a contractor, does not need full-time workers for the major portion of the day or longer periods, or faces a sudden increase in work to be completed in a specified time.
Practical examples
Example 1. A contract worker leaves after eighteen months and asks the contractor for a certificate. The contractor completes Form XXIII with period, designation and work performed, signs and seals it, and hands it over without charge.
Example 2. A union claims that a plant's packaging line is a core activity and cannot be run through contractors. The plant asks the Central Government to decide, applying in the form and manner set by general or special order. While the matter is pending, no adverse action is taken so the line keeps running.
Example 3. A principal employer engages contract labour for a seasonal peak in a core activity. It documents that the volume increased suddenly and the work needs to finish in a specified time, relying on section 57(1) proviso (c).
Compliance checklist
- Have a Form XXIII template ready with the principal employer details.
- Keep the employee register updated with serial numbers.
- Issue the certificate promptly on demand and never charge for it.
- Map which activities may be core and which proviso supports contracting.
- Track Central Government orders on the form, manner and time for core activity applications.
Need help with core activity and contract labour planning?
Whether an activity can run through contractors depends on facts and on notified procedures. Our team can map your activities against section 57 and the Rules and prepare the contractor documentation. Start with our labour law compliance service.
Key takeaways
- Rule 100: the contractor issues a Form XXIII experience certificate on demand, with period, work performed and experience gained.
- Section 49 bars charging contract labour any fee, so the certificate should be issued at no cost to the worker.
- Rule 101: a core activity dispute goes by application to the Central Government, which may refer it to a designated authority.
- The form, manner and time period are left to a Central Government order.
- No adverse action is taken while proceedings are pending.
- State rules apply where the State is the appropriate Government.
Read next
- Sections 55 and 56 of the OSH Code: contractor wages and experience certificate
- Section 57 of the OSH Code: prohibition of contract labour in core activities
- Rules 98 and 99: payment of wages and payment from security deposit
- Abolition of contract labour: section 10
Disclaimer: Based on the Occupational Safety, Health and Working Conditions Code, 2020 (as enacted) and, where noted, the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.