Rules 93 and 94 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 93 lists the contractor's standing responsibilities: wages at or above the Code on Wages rates, parity with the principal employer's direct workers doing similar work, EPFO and ESIC membership, and reporting changes on the Shram Suvidha Portal. Rule 94 requires the contractor to intimate each contract work order on the portal within fifteen days of receiving it.
Rule 93: wages not less than the Code on Wages, 2019 rates (or agreed rates); where contract labour does the same or similar work as the principal employer's direct workers, holidays, hours and other conditions of service are the same, with disputes decided by the Deputy Chief Labour Commissioner (Central); all contract labour is made members of EPFO and ESIC subject to applicability; changes in numbers or conditions go on the portal. Rule 94: intimate each work order within fifteen days of receipt, electronically on the Shram Suvidha Portal, with prescribed details.
The Code provisions behind the rules
Section 48(4) of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) says the licence shall contain the responsibility of the contractor as may be prescribed by the appropriate Government. Rule 93 supplies that content. Section 50(1) says that when a contractor receives a work order to supply contract labour to, or execute a contract through contract labour in, an establishment, the contractor shall, "within such time and in such manner as may be prescribed", intimate the designated authority. Section 50(2) lets the designated authority, after giving the licence holder an opportunity of showing cause, suspend or cancel the licence if the contractor fails to give the intimation. See our section 50 explainer.
The Central Rules apply where the Central Government is the appropriate Government. Where the State is the appropriate Government, State rules prescribe the time and manner. If you have contracts across both regimes, a labour law compliance review will help you work out which applies where.
Rule 93: responsibility of contractor
| Sub-rule | Responsibility |
|---|---|
| 93(1) | Wages payable to workers not less than the rates fixed under the Code on Wages, 2019, and where fixed by agreement, settlement or award, not less than those rates |
| 93(2) | Where contract labour performs the same or similar kind of work as workers directly employed by the principal employer, the holidays, hours of work and other conditions of service shall be the same as for those direct workers |
| 93(3) | In a dispute whether the work is of similar kind, the matter is referred to the concerned Deputy Chief Labour Commissioner (Central), whose decision is final |
| 93(4) | All contract labour shall be made members of the Employees' Provident Fund Organisation and the Employees' State Insurance Corporation, subject to applicability under the Code on Social Security, 2020 (36 of 2020) |
| 93(5) | The contractor shall notify any change in the number of contract labour or conditions of work on the Shram Suvidha Portal |
Reading sub-rule (2): parity of conditions
The parity rule is about holidays, hours of work and other conditions of service. It does not by its words promise equal wages; wages are covered by sub-rule (1), which sets a floor at Code on Wages rates and agreed rates. The text says "other conditions of service", a phrase it does not define. The test is "same or similar kind of work" as direct workers of the same establishment. A principal employer that uses contractors for work its own staff also do should compare shift length, weekly off and holidays.
Sub-rule (3): who decides
The Deputy Chief Labour Commissioner (Central) decides the "similar kind of work" question and the decision is "final". The text does not give a procedure or time limit for that decision, and does not say whether a writ or other remedy remains available. The text is silent; take advice before relying on the word "final".
Sub-rule (4): EPFO and ESIC
All contract labour must be enrolled, "subject to applicability". The rule leaves the thresholds and coverage tests to the Code on Social Security, 2020 and the schemes under it. Employers should not read it as extending those schemes to workers outside their coverage; nor should they treat "contract" status as a reason to skip enrolment. See our payroll compliance audit service for a statutory payroll check.
Sub-rule (5): changes on the portal
Changes in the number of contract labour or conditions of work are notified on the Shram Suvidha Portal. If the number goes above the licence maximum, an amendment is also needed under rule 96; see our rules 95 and 96 article.
Rule 94: intimation of work order
| Sub-rule | What it says |
|---|---|
| 94(1) | Every contractor shall, within fifteen days of receipt of a contract work order, intimate the work order through the Shram Suvidha Portal, with details: name of the principal employer, address of the premises where work is undertaken, date of commencement, number of contract labour employed under that work order, and duration of the work order |
| 94(2) | The details are sent by the contractor or an authorised representative |
| 94(3) | The intimation is sent electronically on the Shram Suvidha Portal |
Rule 86(3) repeats the fifteen-day requirement as a condition of licence.
Consequences
Section 50(2) of the Code lets the designated authority suspend or cancel the licence after a show-cause opportunity if the intimation is not given. Rule 95 sets the revocation and suspension procedure for breaches of conditions and the Code's contract labour Part; see our rules 95 and 96 article. The text of rule 94 itself does not state a separate penalty or a late fee.
Practical points
- Clock. Fifteen days from "receipt" of the work order. Record the date of receipt on the work order file.
- One intimation per work order. The details refer to a single work order, with its own principal employer, premises, start date, headcount and duration.
- Authorised representative. A consultant or employee can file if authorised; the contractor remains responsible.
- Principal employer's interest. An unlicensed or non-compliant contractor can expose the principal employer under section 54 of the Code (employment from a non-licensed contractor is deemed a contravention). See our sections 53 and 54 explainer.
Practical examples
Example 1. A contractor receives a work order from a plant on 10 March for 120 workers for eight months. By 25 March it files the intimation on the portal with the principal employer's name, plant address, start date, number of workers and duration.
Example 2. Contract workers at a warehouse do the same picking work as the principal's own staff but get no weekly off. Rule 93(2) says their holidays and hours should match those of the direct workers. A dispute on "similar kind of work" goes to the Deputy Chief Labour Commissioner (Central).
Example 3. A contractor's headcount rises mid-contract. It notifies the change on the portal under rule 93(5) and, if the licence maximum is exceeded, applies for amendment.
Compliance checklist
- Log the date each work order is received and file the intimation within fifteen days.
- Check wages against the Code on Wages rates and any agreement, settlement or award.
- Compare holidays and hours with the principal employer's direct workers on similar work.
- Confirm EPFO and ESIC enrolment where applicable.
- Update the portal when headcount or conditions change.
Need help with contractor obligations and work order filings?
Work order intimations, wage floors and statutory enrolment are routine but easy to miss across many sites. Our team can build a filing calendar and check payroll and statutory enrolment for your contractors. Start with our labour law compliance service.
Key takeaways
- Rule 93 sets the contractor's responsibilities: wage floor, parity of holidays and hours with direct workers on similar work, EPFO and ESIC enrolment, and portal updates.
- The Deputy Chief Labour Commissioner (Central) decides disputes on similar work, and the decision is final.
- Rule 94 requires intimation of each work order within fifteen days of receipt, electronically on the Shram Suvidha Portal.
- Failure to intimate can lead to suspension or cancellation after show cause (section 50(2)).
- State rules apply where the State is the appropriate Government.
Read next
- Section 50 of the OSH Code: information regarding work order
- Rules 91 and 92: renewal of licence and refund of security deposit
- Rules 95 and 96: revocation, suspension and amendment of licence
- Contract labour compliance checklist for companies
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.