Standing Orders Under the Industrial Relations Code

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…

Continue Reading →

Impact of the Definition of Wage on Salaries and Payroll

Overview of the Definition and Its Effect Wages as defined under Section-2(y) of the Code on Wages, 2019 or Section-2(zq) of the Industrial Relations Code, 2020 or Section-2(88) of the Code on Social Security, 2020 and Section-2(zzj) of the Occupational Safety, Health and Working Conditions Code, 2020 reads uniformly. Thus, for all of the twenty-nine Central labour laws subsumed into four labour codes, ‘wages’ has the same meaning and import from a definitional perspective. The…

Continue Reading →

Registration Procedure Under the Labour Codes

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…

Continue Reading →

License Norms for Contractors Under the OSHWC Code Draft Rules

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…

Continue Reading →

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

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…

Continue Reading →

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

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…

Continue Reading →

Definition of Employee and Worker Under the OSHWC Code

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…

Continue Reading →

Hiring Contract Labour: Changes Under the OSHWC Code

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…

Continue Reading →

Third Party Audit and Certification Under the OSHWC Code: Explained

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,…

Continue Reading →

Impact of the Definition of ‘Wages’ on Statutory Benefits

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…

Continue Reading →