Salient Features of the Code:

● Contracting the scope of ‘Industry’ by defining the same so as to exclude institutions owned or managed by organizations wholly or substantially engaged in any charitable, social or philanthropic services; sovereign functions; domestic services; and any other activity as may be notified by the Central Government {Section 2(m) in the Code}.

● Revision/modification in the definition of ‘worker’ by way of enhancing the salary limit from INR 10,000 to INR 15,000 per month or an amount as may be notified by the central government from time to time {Section 2(zm) in the Code} so as to include persons engaged in a supervisory capacity drawing salary upto this limit.

● Modification/ change in the definition of ‘strike’ so as to include the concerted casual leave on a given day by 50 per cent or more workers employed in an industry, also within its ambit {Section 2(zf) in the Code}.

Occupational Safety Health and Working condition Code 2020

This Code is enacted to Consolidate and Amend the Laws Regulating the Occupational Safety, Health and Working Conditions of the Persons Employed. The OSH Code has a total of 143 sections spread over 14 chapters and three schedules.

Amalgamation of 11 Existing Acts:

1. The Factories Act, 1948
2. The Plantation Labour Act, 1951. The Mines Act, 1952
3. The Working Journalists and the other newspaper (Condition of Services) and Misc. Prov, Act, 1955
4. The Working Journalists (Fixation of Rates of Wages ) Act, 1958
5. The Motor Transport Workers Act, 1961
6. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
7. The Contract Labour (R&A) Act, 1970. The Sales Promotion Employees (Condition of Service) Act, 1976.
8. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
9. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
10. The Doc Workers (Safety Health and Welfare ) Act, 1986
11. The Building and Other Construction Workers Act, 1996

Salient Features of the Code:

● The Code expands the definition of a factory as a premise where at least 20 workers work for a process with power and 40 workers for a process without power.

● The Code fixes the daily work hour limit to a maximum of eight hours.

● It defines an inter-state migrant worker as someone who has come on his/her own from one state, received employment in another state, and earns up to Rs.18000 per month.

● It also empowers women to be employed in all kinds of establishments and at night (between 7 PM and 6 AM), subject to their consent and safety.

● The OSH Code removes the manpower limit on hazardous working conditions and makes the application of the Code obligatory for contractors recruiting 50 or more workers (earlier, it was 20).

● It ensures that no charge is levied on any employee for the maintenance of safety and health at the workplace, including the conduct of medical examinations and investigations for the purpose of detecting occupational diseases.

● The OSH Code provides for the constitution of a National Occupational Safety and Health Advisory Board (National Advisory Board) by the Central Government, which shall be empowered to advise the Central Government.

Social Security Code 2020

“Social security” means the measures of protection afforded to employees, unorganised workers, gig workers and platform workers to ensure access to health care and to provide income security, particularly in cases of old age, unemployment, sickness, invalidity, work injury, maternity or loss of a breadwinner by means of rights conferred on them and schemes framed, under this Code. The Social Security Code has a total of 164 sections spread over 14 chapters.

Amalgamation of 9 Existing Acts:

1. The Employees’ Compensation Act, 1923
2. The Employees’ State Insurance Act, 1948
3. The Employees Provident Fund and Miscellaneous Provisions Act, 1952
4. The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959;
5. The Maternity Benefit Act, 1961
6. The Payment of Gratuity Act, 1972
7. The Cine Workers Welfare Fund Act, 1981
8. The Building and Other Construction Workers Welfare Cess Act, 1996
9. The Unorganised Workers’ Social Security Act, 2008

Salient Features of the Code:

● The Code has widened coverage by including the unorganised sector, home-based workers, self-employed workers, fixed-term employees, gig workers, platform workers, inter-state migrant workers, etc., in addition to contract employees.

● The code for the first time recognises the need to provide social security benefits such as including life insurance and disability insurance, health and maternity benefits, provident fund and skill upgradation to workers in the unorganised sectors who form a significant part of the workforce but are not covered by any of the existing welfare schemes.

● Under the code, while the definition of wages is broadly similar to the EPF Act, a new concept of deemed wages has been introduced. It means that if an employee receives more than 50% of the total remuneration in the form of allowances and other amounts that are not included within the definition of wages, then the excess amount would be deemed to be wages for the purposes of contributions towards EPF.

● The SS Code has fixed different thresholds with respect to eligibility for gratuity of permanent and fixed-term employees. However, a continuous service of five (5) years shall not be necessary where the termination of the employment of any employee is due to death, disability or expiration of fixed-term employment. Gratuity under the SS Code is payable to employees hired directly or through a contractor.

● EPFO’s coverage would be applicable to all establishments having 20 or more workers. At present, it is applicable only to establishments included in the Schedule.