Annual Leave Under the Occupational Safety Health and Working Conditions (OSHWC) Code

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…

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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…

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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…

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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…

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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,…

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