Social Security for Building and Other Construction Workers (BOCW)

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Introduction Currently, the law governing social security for building and other construction workers is the Building and Other Construction Workers’ Welfare Cess Act, 1996, often termed the BoCW Cess Act. It levies a cess on the employer in relation to building and other construction work that is calculated on the basis of the cost of construction. Under Section-3(1) of the BoCW Cess Act the limits for the rate of cess are fixed between one and…

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Registration Procedure Under the Labour Codes

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Introduction The new labour Codes have introduced a uniform procedure for registration and cancellation thereof. Specifically, the Code on Social Security, 2020 and the Occupational Safety, Health and Working Conditions Code, 2020 read with their respective draft rules contain provisions on registration. These two labour Codes have greatly reduced the number of registrations an employer has to maintain and have digitized the entire process to ensure that the same is streamlined. This article shall examine…

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License Norms for Contractors Under the OSHWC Code Draft Rules

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Current Scenario Under the Contract Labour (Regulation and Abolition) Act, 1970, licensing norms for contractors can be understood by reading the enactment with its corresponding Contract Labour (Regulation and Abolition) Central Rules, 1971. At this juncture we must also add that the State rules provide further clarity on the norms respective states choose to adopt. However, for the sake of understanding and comparing the norms under the current Contract Labour Act to the Code and…

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Working Hours Under the OSHWC Code

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Introduction The Occupational Safety, Health and Working Conditions Code, 2020 lays down the provisions relating to working hours in establishments. Section-25 under the Code states that no worker shall be required to work for more than eight hours in a day. It also stipulates that the period of work in each day shall be so fixed so as not to exceed such hours, with such intervals and spread overs as may be notified by the…

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Labour Law Compliance Relating to Transgender Employees: An Employer’s Perspective

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Introduction In our previous article titled Transgender Persons and Labour Law: A Grey Area, we had discussed the need for concrete steps to address some of the lacunae pertaining to transgender employees in the workplace. Today’s blog shall examine the combined impact of the Transgender Persons (Protection of Rights) Act, 2019 read with its corresponding Transgender Persons (Protection of Rights) Rules, 2020. We shall analyze their combined effect on labour law compliance and examine suitable…

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Self-Registration for Gig, Platform and Unorganised Workers

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Introduction The draft Code on Social Security (Central) Rules were released vide Notification G.S.R. 713 (E) on 13th November 2020 by the Ministry of Labour and Employment. Apart from replacing nine Central rules, the draft rules also provide for the procedure to be followed in the self-registration process by gig workers, platform workers and unorganized workers. They also shed light on the manner in which aggregators carry out self-assessment of the contribution payable under Section-114(4)…

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Provident Fund Contributions Under the New Labour Codes

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Introduction The new labour Codes have brought in several changes to India’s labour law framework by codifying numerous Central laws. Amongst these is the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 which establishes three national social security programs, those being as follows:- Employees’ Provident Fund Employees’ Pension Scheme Employees’ Deposit Linked Insurance Scheme The Act has been subsumed under Chapter-III of the Code on Social Security, 2020 which must be examined with the definition…

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The “Shift” shifts.

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“Equality is leaving the door open for anyone who has the means to reach it; equity is ensuring there is a pathway to that door for those who need it” – Caroline Belden The aforementioned aptly encapsulates the measures taken by the Karnataka State Government pertaining to the employment of women during nighttime. Vide the recent notification dated October 19, 2020, Section 25 of the Karnataka Shops and Commercial Establishments Act, 1961 (‘Act’) has been…

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Definition of Factory under the OSHWC Code, 2020

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Introduction The Code on Occupational Safety, Health and Working Conditions, 2020 subsumes thirteen major central labour enactments. The Factories Act, 1948 is one of the thirteen laws being codified and is currently applicable to factories depending on thresholds set in the corresponding State rule.  Factories are generally divided into those operating with the aid of power and those operating without the aid of power, and it is on that basis that the threshold of number…

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Transgender Persons and Labour Law: A Grey Area

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Introduction Laws in India had been strictly binary in terms of their recognition of gender for a long time, recognizing only men and women. In this sense the lack of recognition could be termed a non liquet or a lacuna in the law. However, the change in global outlook towards transgender persons has resulted in a corresponding shift in India as well. The Supreme Court’s judgement in the case of National Legal Services Authority v.…

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