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Code on Occupational Safety, Health & Working Conditions, 2020 - OSHWC

Code on Occupational Safety, Health and Working Conditions, 2020 Key Highlights  Exemption This Code  empowers the state government to exempt any new factory from the provisions of the Code in order to create more economic activity and employment. Threshold for coverage of establishments Factory:     This  Code sets out  the threshold at: (i) 20 workers for premises where the manufacturing process is carried out using power, and (ii) 40 workers for premises where it is carried out without using power.    Includes Mines under the definition of 'factory'    Establishments engaged in hazardous activity:  includes all establishments where any hazardous activity is carried out regardless of the number of workers.   Contract workers: This Code  specifies that it will apply to establishments or contractors employing 50 or more workers (on any day in the last one year).   Prohibits contract labour
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Overview of Industrial Relations Code, 2020

What is IR Code: To consolidate and amend laws relating to Trade Unions, conditions of employment in Industrial Establishments or undertakings, Investigation and settlement of Industrial Disputes and connected matters. Acts to be repealed: Trade Unions Act, Industrial Employment Standing Orders) Act, & the Industrial Disputes Act Ministry looks to implement all 4 codes in one go Object : to achieve Industrial peace & harmony,  progress of industry and cordial relationship between the employer and the employees Salient Provisions: Bipartite Forums:  Constitution of Works Committee & Grievance Redressal Committee Registrar of Trade Unions, criteria, constitution and procedure Standing Orders:  Applicability, Model Standing Orders, and procedure Notice of Change – Power to exempt.. Voluntary reference of disputes to arbitration Mechanism for Resolution of Industrial disputes Strikes & Lock-outs, Lay-off, Retrenchment & Closure Worker Reskilling fund Prohibition

Definition of Wages, under the ESI Act –Supreme Court reaffirms that the definition of ‘wages’ as defined in Section 2(22) of the ESI Act, would include Conveyance Allowance-

  IN THE SUPREME COURT OF INDIA  CIVIL APPELLATE JURISDICTION  Special Leave Petition (C.) No.811/2021  The Employees State Insurance Corporation ...Petitioner (s)  Versus M/s Texmo Industries …Respondent (s)  O R D E R 1. This Special Leave Petition is against a judgment and order dated 8 th October 2020 passed by the High Court of Judicature at Madras, dismissing the appeal being C.M.A. No.1527 filed by the Employees State Insurance Corporation, hereinafter referred to as the ‘Petitioner Corporation’, under Section 82(2) of the Employees State Insurance Act, and affirming the order dated 31st July 2020 passed by the Employees State Insurance Court, Coimbatore allowing E.S.I.O.P No. 1/2016 filed by the Respondent Company under Section 5 of the Employee State Insurance Act, 1948 (for short, ‘ESI Act’).  2. The Respondent Company manufactures different kinds of agricultural pumps and other products and has ten branches in 1 Coimbatore, Tamil Nadu. The ESI Act is applicable to the fact

Code of Wages – Impact on CTC, Equal Remuneration & Gender Balance

  The Code of Wages has introduced dynamic reformations on the remuneration structure and a significant transformation to the archaic Equal Remuneration Act, 1976.The Equal Remuneration Act, applied to limited set of “Workers”, and mandated equal remuneration to men and women workers. Essentially, this law prevented discrimination against women, where they are engaged in “same work or work of a similar nature “ The Code of Wages has expanded the scope of payment of equal remuneration to   extend the definition to cover even supervisory and managerial personnel with inclusive norm- men – women – third gender, as well.   Section 3 of the Code mandates that there shall be no discrimination in an establishment or any unit thereof among employees on the ground of gender in matters relating to wages,,.. in respect of the same work or work of a similar nature done by any employee. The definition “employee” includes supervisory, managerial, administrative, technical or clerical work and th

Labour Codes - Social Secutiry - Impact on determination of Gratuity

  SOCIAL SECURITY CODE – IMPACT OF WAGE DEFINITION ON GRATUITY BENEFITS   Standardisation of “Wages” Definition”: Hitherto, the definition of “Wages” were quite diverse in various labour legislation for the purpose of calculation of the same terms – wages / basic wages etc. This created practical challenges while interpretation by regulators, courts and administration of salary structures as well as computation and payments of social security benefits, contributions and deductions to be made.  The new unified definition of “Wages” introduced in the labour codes broadly harmonise and simplify the term and to an extent, the foundation of calculation of quantum and eligibility of various social security related benefits.      Social Security Code: Impact of new definition The new definition now has three parts to it - an inclusion part, specified exclusions and conditions which limit the quantum of exclusions. It is an inclusive definition and broad enough to cover almost all