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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Inspector-Cum-Facilitators Under the OSHWC Code: Role and Functions

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Introduction The efficacy of any legal framework is dependent on enforcement as a matter of basic jurisprudence and the same holds true for India’s latest labour reforms. Under the OSHWC Code the inspector-cum-facilitator is the primary authority responsible for inspection and thus enforcement. While there is a great deal of speculation surrounding how the provisions of the labour codes will affect workers, employers, and the ease of being compliant, it is important to understand the…

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The Impact of the Code on Social Security, 2020 on Aggregators

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Introduction The advent of app-based services operating on an aggregator model has ushered in a new era of convenience and choice for the Indian consumer. Additionally, it has helped small and medium business owners compete with veterans of the industry on online platforms. A key characteristic of this business model is that the end consumer as well as the provider of the service act as customers of the brand, there is also the partnership model…

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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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