The Occupational Safety, Health and Working Conditions Code, 2020
Introduction
he Occupational Safety, Health and Working Conditions Code, 2020 (OSHWC Code) consolidates and amends the laws regulating occupational safety, health, and working conditions.
It amalgamates the following labour laws:
The Factories Act, 1948
The Working Journalist and other News Paper Employees (Conditions of Service and Misc. Provision) Act, 1955
The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
The Working Journalist (Fixation of rates of wages) Act, 1958
The Contract Labour (Regulation and Abolition) Act, 1970
The Motor Transport Workers Act, 1961
The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
Sales Promotion Employees (Condition of Service) Act, 1976
The Mines Act, 1952
The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
The Dock Workers (Safety, Health and Welfare) Act, 1986
The Cine Workers and Cinema Theatre Workers Act, 1981
The Plantations Labour Act, 1951
- Concept of single electronic registration introduced, and existing registration to remain valid subject to intimation to the officer as may be prescribed.
- Threshold of workers for registration – 10 or more workers; for all other purposes, 20 or 40 for process using with or without power, respectively
- Clear definition of ‘manufacturing’
- Clear definition of ‘contract labour’, and regularly employed labour to be excluded
- Validity of licence to be taken by contractor extended to five years with provision for single licence in case of work in more than one state or the whole of India
- Principal employer to ensure that licence is obtained by the contractor
- Mandatorily issue an appointment letter
- Provide safety and health standards such as hazard-free workplace and annual health checkup
- Women workers permitted to work at night, with their consent
Impact
- Evaluation of ‘contract labour’ and agreements with providers of contract labour – potential reduction in litigations
- Ease of setting up manufacturing processes
- Ancillary impact on other laws such as BIS, GST, and FEMA for the purpose of ‘manufacturing’
For any enquiry, please reach out to us at:
in_labourcodes@pwc.com
