LABOUR LAW REFORMS: THE CODE ON OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS.

THE CODE ON OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS.

a. INTRODUCTION

The Code proposes to subsume 13 major labour laws into one single Code. The laws to be subsumed are:

• 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, 1996

• The Plantations Labour Act, 1951

• The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

• The Working Journalist and other News Paper Employees (Conditions of Service and Miscellaneous Provision) Act, 1955

• The Working Journalist (Fixation of rates of wages) Act, 1958

• The Cine Workers and Cinema Theatre Workers Act, 1981

• The Motor Transport Workers Act, 1961

• The Sales Promotion Employees (Conditions of Service) Act, 1976

• The Beedi and Cigar Workers (Conditions of Employment) Act, 1966

b. KEY CHANGES

• The code makes it mandatory for the employer to appoint welfare officer if 250 workers employed, earlier being 500.

• The code makes it mandatory for the organization appointing the workers to provide the same a letter of the appointment stating relevant details.

• The code provides for the migrant workers to get basic facilities including fare for to and fro from his native place to work place which are the responsibility establishment including benefits under the Employees’ State Insurance Act, 1948 or the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 or any other law for the time being in force.

• Worker or employee to be provided with the overtime wage which should be double of the wage entitled to receive.

• The code lays down a responsibility on the employer to provide facilities such as ventilation, potable drinking water, proper lighting, crèche for female workers having child of 6 years of age (the number has increase from 30 to 50), proper clean washrooms. Canteen also to be provided if minimum 100 workers working (the limit has been reduce to 100 from 250). Female workers can work beyond 7pm till 6am if provided with proper and safe conditions.

• The workplace should be free from hazards that can cause or may cause any health hazards to the workers in the premises. Impaired workers cannot be appointed in the construction industry.

• Workers cannot be required to work for more than 6 days / week and will be entitled to one day off for every 20 days of work & one day off every week.

• The Code has made maximum registration process to be initiated electronically.

• Various penalties have been enhanced for the violations under this Code.

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