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…
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…
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…
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 On 19th September, the Central Government rescinded the previous…
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…
Introduction The Code on Wages, 2019 has been passed by the Parliament and with the draft Central rules awaiting Parliament’s approval, India’s biggest overhaul of labour laws is imminent. The Code on Wages, 2019 subsumes four labour legislations, namely:- 1. The Payment of Wages Act, 1936 2. The Minimum Wages Act, 1948 3. The Payment of Bonus Act, 1965 4. The Equal Remuneration Act, 1976 Several changes were brought in through the Code to facilitate…
An Overview of Procedural Norms The Payment of Gratuity Act, 1972 read with the Payment of Gratuity (Central) Rules, 1972 provides for a complex procedure when it comes to application for and processing of gratuity payments. Procedural norms under Section-4 of the Act stipulate that gratuity shall be paid to an employee on the termination of his employment after he has rendered continuous service for not less than five years. Section 2A of the Act…
Introduction The roots of the term gratuity can be traced to the French word gratuité or from the Latin term gratuitus, both the terms loosely mean the voluntary payment of money for favour or services. At its most basic level, payment of gratuity is a sum tendered to employees following longevity of service and is generally paid towards their retirement fund. In foreign countries it is also used synonymously with tipping, however, in India it…
What is an Industrial Policy? An industrial policy is a document that outlines a country’s or state’s strategy in guiding economic development by encouraging investment in targeted sectors, providing subsidies to industrialists and incentivizing participation of the private sector. To this end, it lays down the legal reforms that are going to be implemented to facilitate the same as well as the guiding principles for further structural reform. It also provides plans for infrastructural development…
Introduction The Employees’ Provident Fund Organization is one of the world’s largest social security providers which covers approximately 10,24,188 establishments with 1,934 lakh members as of the financial year 2016-17. It administers three major schemes, namely: – Employees’ Provident Funds Scheme Employees’ Pension Scheme Employees’ Deposit-Linked Insurance Scheme Prior to the onset of COVID-19, PF contribution rates were fixed at 12% for both employers and employees. This figure excludes administrative charges that are borne solely…
