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 in core activities, except where: (i) the normal
functioning of the establishment is such that the activity is ordinarily
done through contractor, (ii) the activities are such that they do not
require full time workers for the major portion of the day, or (iii) there
is a sudden increase in the volume work in the core activity which needs
to be completed in a specified time.
- Defines a list of non-core activities where the
prohibition would not apply. This includes a list of 11 works including:
(i) sanitation workers, (ii) security services, and (iii) any activity of
intermittent nature even if that constitutes a core activity of an
establishment.
- Provides for the appropriate government to
exempt contractors from the provisions of the Act in case of an
emergency, subject to such conditions as may be notified.
- This Code will apply to
contract labour engaged through a contractor in the offices of the central
and state governments (where the respective government is the principal
employer).
- Building or other construction work is covered under the Code, irrespective of the the number of workers.
Work hours and employment conditions
- The maximum limit fixed is at eight hours per day.
- Employment of women: This Code provides that women will be entitled to be employed in
all establishments for all types of work under the Code. It
also provides that in case they are required to work in hazardous or
dangerous operations, the government may require the employer to provide
adequate safeguards prior to their employment.
Inter-state migrant workers and unorganized workers
- Definition: Defines inter-state migrant worker as a person who:
(i) has been recruited by an employer or contractor for working in another
state, and (ii) draws wages within the maximum amount notified by the
central government. In addition, any person who moves on
his own to another state and obtains employment will also be
considered an inter-state migrant worker. Threshold Limit: only those persons will be
considered as inter-state migrants who are earning a maximum of Rs 18,000
per month, or such higher amount which the central government may
notify.
- Benefits for inter-state migrant workers: Provides for certain benefits for inter-state migrant
workers. These include: (i) option to avail the benefits of the
public distribution system either in the native state or the state of
employment, (ii) availability of benefits available under the building and
other construction cess fund in the state of employment, and (iii)
insurance and provident fund benefits available to other workers in the
same establishment.
- Database for inter-state migrant workers: The central and state governments to maintain
or record the details of inter-state migrant workers in a portal. An
inter-state migrant worker can register himself on the portal on the basis
of self-declaration and Aadhaar.
- Social Security Fund: Provides for the establishment of a Social Security
Fund for the welfare of unorganised workers. The amount collected
from certain penalties under the Code (including the amount collected
through compounding) will be credited to the Fund. The government
may prescribe other sources as well for transferring money to the Fund.
Reference: prs.org
Comments