Worker Under the Occupational Safety Health and Working Conditions Code

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Background Understanding the definition of worker is imperative to obtain a comprehensive view on the impact of the new labour Codes. As a part of this series of blogs, we have examined the import of the term worker under the Code on Wages, 2019, the Code on Social Security, 2020 and the Industrial Relations Code, 2020. Our last blog in the series of posts about workers shall examine the use of the term under the…

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Impact of Worker Definition on Industrial Relations

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Background The definition of worker is one of the key aspects to be interpreted to understand the changes brought in by any of the four new labour Codes. Our earlier blog in this series examined the definition of worker under the Code on Social Security, 2020. In this post we shall analyze the use of the term worker under the Industrial Relations Code, 2020. The above shall shed light on the reasons behind the use…

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Worker Under the Code on Social Security: Contributions

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Introduction The definition of worker is one of the key aspects to be interpreted to understand the changes brought in by any of the four new labour Codes. Our earlier blog in this series examined the definition of worker under the Code on Wages. In this post we shall analyze the use of the term worker under the Code on Social Security, 2020. The above shall shed light on the reasons behind the use of…

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Worker Definition Under the Code on Wages, 2019

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Background The definition of worker is one of the key aspects to be interpreted in order to understand the changes being brought in by the new Labour Codes. In our earlier blog we already examined the difference between the definitions of worker and employee. However, we have found that there are subtle nuances in each of the four Codes pertaining to the definition of the former. To this end, we are writing a four-blog series…

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Ease of Doing Business: The Need to Recognize ‘Enterprises’

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Background The Ease of Doing Business (EoDB) index is a ranking system established by leading economists at the World Bank Group. It ranks economies in increasing order of their ‘ease of doing business’, a formula that is based on the study of legal regulations in a nation. There are ten further subindices that affect the study of business regulations which are weighted to develop an overall ranking. It is important to note that not all…

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Annual Leave Under the Occupational Safety Health and Working Conditions (OSHWC) Code

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Background The Occupational Safety Health and Working Conditions Code, 2020 repeals and codifies 13 laws relating to working conditions, hours of work, annual leave, safety measures etc. It has been brought in with the intention of providing for a basic degree of uniformity with regards to these aspects. The OSHWC Code has been passed by Parliament and has received Presidential assent. It’s draft Central rules are in the process of being tabled before the Standing…

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Common Creche Facility Under the Code on Social Security

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Background The Maternity Benefit Act, 1961 was amended in 2017 to introduce various new reforms. The requirement to maintain creche facilities if an establishment employed at least 50 employees was brought in as part of the reform initiative. The Amendment Act stipulated that the creche facility was to be maintained within a prescribed distance. However, it failed to provide clarity on multiple aspects such as the age group for which the creche was to be…

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FAQ’s on Atmanirbhar Bharat Rojgar Yojana (ABRY) in EPFO

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Introduction The Atmanirbhar Bharat Rojgar Yojana (ABRY) was announced by the Government of India on the 12th of November 2020.  The scheme falls under the broader umbrella of Atmanirbhar Bharat 3.0 and aims to incentivize creation of new job opportunities. To this end, Ministry of Labour and Employment has approved a scheme with guidelines. While the scheme guidelines can be accessed on Simpliance, there remain some common questions relating to it. This article shall address…

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Standing Orders Under the Industrial Relations Code

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Introduction The Industrial Employment (Standing Orders) Act, 1946 currently defines the conditions of employment in industrial establishments. It applies to every industrial establishment in a State based on a threshold fixed by the State Government. In the current framework an establishment is required to draft its own set of standing orders based on model standing orders issued by State Governments. Following this, the draft standing orders are submitted to the Jurisdictional Labour Commissioner. As mentioned…

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Explained: Impact of Labour Codes on IT/ITes Companies

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Introduction Under the existing scheme of labour laws in the country, there have often been doubts over whether particular laws are applicable to IT/ITes companies. For example, the question of whether the Industrial Employment (Standing Orders) Act is applicable to IT companies. Furthermore, there has been a concerted effort by several State Governments to bring IT/ITes outside the scope of certain laws to promote investment and ease of doing business. The new labour codes have…

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