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...