Definition of Employee and Worker Under the OSHWC Code

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Introduction The Occupational Safety Health and Working Conditions Code (OSHWC Code), 2020 contains separate definitions for the terms ‘employee’ and ‘worker’ respectively.  This article explores the operation of the definitions in the good and the objectives behind their use in particular provisions. It is imperative for both staff and management to understand the implications of these definitions and the changes they bring in as it materially affects the nature of employment in India. The legal…

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Hiring Contract Labour: Changes Under the OSHWC Code

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Introduction The Contract Labour (Regulation and Abolition) Act, 1970 is one of thirteen enactments being subsumed under the Occupational Safety, Health and Working Conditions Code, 2020. It regulates registration of establishments, licensing of contractors, ensures that suitable working conditions are provided and incur penalties where any of these provisions are contravened. Section-10 of the Contract Labour (Regulation and Abolition) Act, 1970 contains prohibitions on the employment of contract labour. It empowers the appropriate Government to…

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Third Party Audit and Certification Under the OSHWC Code: Explained

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Introduction India is in the midst of an overhaul of existing regulatory compliance norms, aimed at improving its ranking in the World Bank’s ease of doing business index. In the context of labour regulations, this has come in the form of four new Labour Codes that aim to deregulate and simplify wages, social security, industrial relations and occupational health and safety. Section-37 of the last Code, namely the Occupational Safety Health and Working Conditions Code,…

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Impact of the Definition of ‘Wages’ on Statutory Benefits

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Introduction The Code on Wages, 2019 has introduced a universal definition of wages that has been incorporated across the three other labour Codes as well. This definition is a marked departure from the multiple varied definitions of the term across different enactments. While the attempt to universalize the definition of such a key term is commendable, much remains to be seen with regards to its effects on wage structuring, payroll, and statutory benefits. The new…

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Code on Social Security, 2020: Salient Features & Compliance Changes

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Introduction The Code on Social Security, 2020 was born out of the recommendations of the Second National Commission on Labour, which stated in its report that the current set of labour laws must be amalgamated based on subject-matter. The Code was introduced in December 2019 and the Parliamentary Standing Committee submitted its report on 31st July 2020. Thereafter, a fresh Bill was introduced, namely the current Code on Social Security, 2020 that aims to facilitate…

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The Industrial Relations Code, 2020: An Analysis

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Introduction The Industrial Relations Code, 2020 is one of four Labour Codes that forms a part of the Central Government’s largest reform scheme in decades. It subsumes three major Central laws that relate to industrial dispute settlement and collective bargaining arrangements, namely:- a.     The Industrial Disputes Act, 1947 b.     The Trade Unions Act, 1926 c.     Industrial Employment (Standing Orders) Act, 1946 The above-mentioned laws were passed with differing aims…

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The Occupational Safety, Health and Working Conditions (OSHWC) Code, 2020 Explained

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Introduction The OSHWC Code was passed by Parliament with the intention of subsuming the following Central laws:- The Factories Act, 1948 The Contract Labour (Regulation and Abolition) Act, 1970 The Mines Act, 1952 The Dock Workers (Safety, Health and Welfare) Act, 1986 The Building & Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1979 The Plantations Labour Act, 1951 The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979…

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Labour Codes Passed by Parliament: What is Next for Companies?

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Introduction The Parliament pushed through its long-standing reform initiative on Wednesday, with the three Codes- the Code on Social Security, 2020, the Occupational Safety, Health and Working Conditions Code, 2020 and the Industrial Relations Code, 2020 being passed by both houses. Since then, Simpliance has received numerous queries regarding the date when these Codes come into effect, whether the Codes are already law and can be enforced and questions pertaining to the changes that have…

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A Summary of Key Differences Between Labour Code Bills 2019 & 2020

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Introduction The resumption of the delayed Monsoon session of Parliament was marked by the introduction of several legislations that have been pending. Amongst these are the three remaining labour codes that are part of the Central Government’s long-standing plan to untangle India’s regulatory framework. Namely, the Code on Social Security Bill, the Industrial Relations Code Bill and the Occupational Safety, Health and Working Conditions Code Bill. On 19th September, the Central Government rescinded the previous…

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The Problem With a Universal Definition of Wages

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Introduction The Code on Wages has been brought in as a part of the Government’s efforts to untangle India’s complex regulatory framework pertaining to labour. As part of the Code, the Government has introduced a new definition of the term ‘wages’ that is uniform across the four Labour Codes. The uniform definition comprises three parts – an inclusive portion, specified exclusions and conditions that place a limit on the quantum that may be claimed as…

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