Law Shastra

 Contract Labour – Distinction between the Core & non-core Activity CLRA /OSH Code A) OSH Code A blanket prohibition has been imposed by section 57 of the Occupational Safety. Health and Working Conditions Code,2020 ("OSH Code", hereinafter) on the engagement of contract labour in the core activities of the establishment of the principal employer.  • The Code, under section 2(1)(p) defines a "core activity" as any activity for which the establishment is set up.  Core Activities • This would further include any activity which is essential or necessary to any activity for which the establishment of the principal employer is set up.  • The definition of core activity is very wide and sweeping in its ambit. However,  even if certain activities are essential or necessary to the establishment of the principal employer, they would not be considered as core activities.        Non-Core Activities • Illustrations:  (i) sanitation w...

 The Code on Wages earlier prescribed a ceiling of Rs.15000 p.m. as wage, for a person working as supervisor also to be considered  as worker and excluded persons earning above Rs.15000/- pm.  However, the Industrial Relations Code prescribed a higher ceiling of Rs.18,000 p.m., for the above threshold creating a disparity between two codes. The Central Government, now pursuant to the powers vested in them under the Code(s) has notified (Notification No.S.O.454(E) dated 30th January, 2026). that the Ceiling under the Code of Wages also as Rs.18,000, thereby rectifying the disparity. Accordingly  the Section 2(z) "Worker" will stand modified as below. "worker" means any person (except an apprentice as defined under clause (aa) of section 2 of the Apprentices Act, 1961 (52 of 1961)) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied...

 1 Benefits of The Code On Social Security, 2020  The Code on Social Security, 2020 is a legislation having been passed by both the  Houses of Parliament, received the assent of President on 28th September, 2020 that  consolidates and amends 9 existing social security laws to extend benefits to all  workers, including those in the unorganized, organized, gig and platform  workers. It aims to provide comprehensive social security schemes for life and  disability insurance, health, and maternity benefits, and provident fund, while also  introducing digitized processes and inspector-cum-facilitator roles to improve  compliance and support for employers.   Pro Workers Provisions 1.Gratuity to Fixed term employees (Section 53): Normally Fixed Termed Employees (FTE) are engaged for a short period like one  year or two years or so. As a result, many of them cannot become eligible for gratuity for not fulfilling statutory five years continu...

Consequent upon the notification of the Labour Codes - specific provisions, mainly the definition of the "Wages" across all Codes, the impact on ESIC Compliance - Coverage  & Contributions would be as follows" As per section 2 (88) of Code on Social Security, 2020 (CoSS) “Wages” means all remuneration, by way of salaries, allowances or otherwise, expressed in terms of money or capable of being so expressed which would, if the terms of employment, expressed or implied were fulfilled, be payable to a person employed in respect of his employment or work done in such employment and includes,- (a)                Basic pay; (b)                Dearness allowances; (c)                 Retaining allowances; if any, But does not include any other components which are listed in sub clause (a) to (k). (a) Any bonus payable under any law for time being in force (b) Th...

 2025 INSC 449 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). __________ OF 2025 (Arising out of SLP(C) No(s). 5918/2024) JOGESWAR SAHOO & ORS. ... APPELLANTS VERSUS THE DISTRICT JUDGE, CUTTACK & ORS. …RESPONDENTS J U D G M E N T PRASHANT KUMAR MISHRA, J. Leave granted. This appeal is directed against the final judgment and  order dated 09.11.2023 passed by the High Court of Orissa at  Cuttack in WP (C) No. 33482 of 2023 whereunder the High  Cout dismissed the appellants’ writ petition in which a  challenge was made to the orders dated 12.09.2023 and  08.09.2023 passed by the Special Judge, Special Court,  Cuttack and Registrar, Civil Courts, Cuttack, as the case may  be, directing recovery of Rs 26,034/-, Rs.40713/-, Rs. 26539/-,  Rs. 24683/- and Rs. 21,485/-. 3. At the relevant time, the appellants were working as  Stenographer Grade-I and Personal Assistant in the  establishment ...

There is quite a confusion between the terms FTE and FTC and many believe the the recent sweeping changes in the Labour Codes, conferring better social securities especially right to gratuity on completion of one year (instead of existing 5 years) and also proportionate eligibility. Hence this piece of article.  Gratuity for FTC  Prior to Labour Codes As per Payment of Gratuity Act, the eligibility criteria for all employees, including fixed term employees (FTC) was 5 years continuous service Labour Codes Implication (effective 21st November, 2025)  The Code of Social Security (CoSS) & Industrial Relations Code (IR Code) governs gratuity applicability for both FTEs and FTCs.     A. The Code on Social Security Section 2(34), while defining  fixed term employment, provides that a fixed term employee is eligible for all benefits, under any law for the time being in force, available to a permanent employee proportionately according to the period of ser...