Background The Occupational Safety Health and Working Conditions Code, 2020 repeals and codifies 13 laws relating to working conditions, hours of work, annual leave, safety measures etc. It has been brought in with the intention of providing for a basic degree of uniformity with regards to these aspects. The OSHWC Code has been passed by Parliament and has received Presidential assent. It’s draft Central rules are in the process of being tabled before the Standing…
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…
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…
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…
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,…
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…