Legislation UpdatesRules & Regulations

Union Ministry of Labour and Employment has notified the draft rules under the Occupational Safety, Health and Working Conditions Code, 2020 on 19-11-2020 inviting objections and suggestions, if any, from the stakeholders. Such objections and suggestions are required to be submitted within a period of 45 days from the date of notification of the draft rules.

2. The draft rules provide for operationalization of provisions in the Occupational Safety, Health and Working Conditions Code, 2020 relating to safety, health and working conditions of the Dock Workers, Building or other construction workers, Mines workers, Inter-State Migrant worker, Contract labour, Working journalist, Audio-visual workers and Sales promotion employees.  The salient features of the draft rules include:

i. Appointment letter in prescribed format including designation, category of skill, wages, avenue for achieving higher wages/higher position etc. to every employee of an establishment within three months of coming into force of the rules. As per new rules no employee shall be employed in any establishment unless he has been issued a letter of appointment.

ii. Annual health examination to be conducted by the employer free of cost for every worker of factory, dock, mine and building or other construction work, who has completed 45 years of age.

iii. Provision has also been made in the rules regarding journey allowance once in a year for to & fro journey and Toll-Free Helpline number for interstate migrant worker with a view to address their concerns and grievances in a timely manner.

iv. Single electronic registration, license and annual integrated return for an establishment.

v. An all India single license for contractor supplying or engaging contract labour in more than one State for five years has been provided as against work order based licensing at present.

vi. Rules for the prohibition of employment of contract labour for core activity of an establishment and the classification of core and non-core activities is laid down in the Occupational Safety, Health and Working Conditions Code, 2020.

vii. Payment of wages to contract labour (a) the contractor shall fix the wage periods and no wage period shall exceed one month. (b) The wages of every person employed as contract labour in an establishment or by the contractor shall be paid before the expiry of seventh day after the last day of the wage period. (c) The wages shall be disbursed through bank transfer or electronic mode only.

viii. Safety committees have been made mandatory for every establishment employing 500 or more workers to provide an opportunity for the workers to represent their concern on occupational safety and health matters and rules have been provided for composition and functions of safety committees.

ix. The rules has been made regarding conditions relating to safety of women employment in all establishment for all type of work before 6 a.m. and beyond 7 p.m. with their consent.

x. In calculating overtime on any day, a fraction of an hour between 15 to 30 minutes shall be counted as 30 minutes, at present less than 30 minutes is counted as no overtime.

xi. Mines rules have also been simplified and integrated with the Occupational Safety, Health and Working Conditions rules.

xii. Thus, the draft Rules are aimed at enhancing safety, health and working conditions in establishments, simplifying the procedures and protocols, allowing electronic mode of maintaining registers, records and furnishing returns, thus ensuring safe, healthy and decent working conditions.


Ministry of Labour & Employment

[Press Release dt. 20-11-2020]

[Source: PIB]

Legislation UpdatesRules & Regulations

Union Ministry of Labour and Employment has notified the draft rules under the Code on Social Security, 2020 on 13.11.2020 inviting objections and suggestions, if any, from the stakeholders. Such objections and suggestions are required to be submitted within a period of 45 days from the date of notification of the draft rules.

The draft rules provide for operationalization of provisions in the Code on Social Security, 2020 relating to Employees’ Provident Fund, Employees’ State Insurance Corporation, Gratuity, Maternity Benefit, Social Security and Cess in respect of Building and Other Construction Workers, Social Security for Unorganised Workers, Gig Workers and Platform Workers.

The draft rules also provide for Aadhaar based registration including self-registration by unorganised workers, gig workers and platform workers on the portal of the Central Government. Ministry of Labour and Employment has already initiated action for the development of such portal. For availing any benefit under any of the social security schemes framed under the Code, an unorganised worker or a gig worker or platform worker shall be required to be registered on the portal with details as may be specified in the scheme.

The rules further provide for Aadhaar based registration of Building and Other Construction Workers on the specified portal of the Central Government and the State Government or the State Welfare Board. Where a building worker migrates from one State to another he shall be entitled to get benefits in the State where he is currently working and it shall be the responsibility of the Building Workers Welfare Board of that State to provide benefits to such a worker.

Provision has also been made in the rules regarding gratuity to an employee who is on fixed-term employment.

The rules also provide for single electronic registration of an establishment including cancellation of the registration in case of closure of business activities.

Provision has also been made regarding manner and conditions for exiting of an establishment from EPFO and ESIC coverage.

The procedure for self-assessment and payment of Cess in respect of building and other construction workers has been elaborated in the rules. For the purpose of self-assessment, the employer shall calculate the cost of construction as per the rates specified by the State Public Works Department or Central Public Works Department or on the basis of return or documents submitted to the Real Estate Regulatory Authority.

The rate of interest for delayed payment of such cess has been reduced from 2 per cent every month or part of a month to 1 per cent. Under the existing rules, the Assessing Officer has the power to direct that no material or machinery can be removed or disturbed from the construction site. Such power for indefinitely stopping of construction work has been withdrawn in the draft rules. Further, under the draft rules, the assessing officer can visit the construction site only with the prior approval of the Secretary of the Building and Other Construction Workers Board.

The rules have also provided for the manner of payment of contribution by the aggregators through self-assessment.

For Draft Notification of Rules (Hindi & English) under Code on Social Security please click on the Link


Ministry of Labour and Employment

[Press Release dt. 15-11-2020]

[Source: PIB]

Legislation UpdatesRules & Regulations

Centre publishes a draft notification of — Code on Wages (Central) Rules, 2020 and invites objections and suggestion in regard to the same.

The same would extend to whole of India.

Once the Rules are notified, following rules will be superseded:

  • Payment of Wages (Procedure) Rules, 1937;
  • Payment of Wages (Nomination) Rules, 2009;
  • Minimum Wages (Central) Rules, 1950;
  • Minimum Wages (Central Advisory Board) Rules, 2011;
  • Ease of Compliance to Maintain Register under various Labour Laws Rules, 2017 to the extent these rules are made in exercise of the powers conferred by section 13 of the Equal Remuneration Act, 1976 (25 of 1976), section 29 and section 30 of the Minimum Wages Act, 1948 (11 of 1948) and section 26 of the Payment of Wages Act, 1936 (4 of 1936) and applicable accordingly;
  • Payment of Bonus Rules, 1975;
  • Equal Remuneration Rules, 1976; and Central Advisory Committee on Equal Remuneration Rules, 1991

Objections and suggestions, if any, may be addressed to Shri M. A. Khan, Deputy Director(ma.khan15@nic.in), and Smt. Rachana Bolimera, Assistant Director (r.bolimera@nic.in), Government of India, Ministry of Labour and Employment, Shram Shakti Bhawan, Rafi Marg, New Delhi-110001.

Objections and suggestions, which may be received from any person with respect to the said draft notification before expiry of the period specified above, will be considered by the Central Government.

Suggestions can be given to Labour Ministry over the next 45 days.

NOTIFICATION


Ministry of Labour and Employment

[Notification dt. 07-07-2020]