LABOUR LAW (9-17)

Module 9: The Occupational Safety, Health and Working Conditions Code, 2020

The Occupational Safety, Health, and Working Conditions Code, 2020 (OSH Code)
consolidates and simplifies 13 existing labour laws into a single framework to regulate
the safety, health, and working conditions of workers across various sectors.

Scope

1. Applicability:

o Covers establishments employing 10 or more workers.

o Provisions related to hazardous activities apply regardless of the number of

employees.

o Applicable to all sectors, including factories, mines, docks, plantations, and

construction, as well as service sectors like IT, transport, and healthcare.

2. Coverage of Workers:

o Includes contract labor, inter-state migrant workers, platform workers, and

gig workers.

o Expands safety and welfare measures to cover unorganized and informal

sectors.

Salient Features

1. Simplification of Laws:

o Merges 13 labor laws into one code, including the Factories Act, 1948, Mines
Act, 1952, and Contract Labour Act, 1970.

2. Uniformity and Ease of Compliance:

o Aims to establish uniform standards for workplace safety and working

conditions.
 o Simplifies registration and compliance through an online portal.

3. Enhanced Worker Rights:

o Provides for annual health check-ups for workers.

o Ensures free medical examinations for workers in hazardous industries.

4. Work Hours and Leave:

o Defines work hours, overtime regulations, and mandatory paid leave.

5. Women’s Participation:

o Allows women to work in all types of establishments and night shifts, subject
to safety measures.

6. Inter-State Migrant Workers:

o Provisions for the welfare and registration of inter-state migrant workers.

o Mandates the payment of travel allowances and ensures access to benefits

like ration and housing.

7. Occupational Safety Standards:

o Requires establishments to maintain a safe working environment.

o Provides for the formulation of standards and safety committees.

8. Penalties and Compliance:

o Introduces stricter penalties for non-compliance with safety standards.

o Encourages self-certification to promote ease of doing business.

9. Inspector-cum-Facilitator Role:

o Replaces traditional inspectors with facilitators to assist employers in

compliance while ensuring enforcement.
Objective

The primary objective of the OSH Code is to:

1. Ensure safe and healthy working conditions for all workers.

2. Streamline and simplify labor laws to promote ease of compliance and governance.

3. Protect the rights and welfare of workers across all sectors, including informal and
gig economies.

4. Enhance productivity by promoting a healthy and secure workforce.

5. Foster a balance between the rights of workers and the operational flexibility of
employers.
Module 10: Duties of Employer and Employees, etc

Duties of employer (section 6)

(For all types of workplaces)

1. Hazard-Free Workplace:

o Maintain a workplace free from hazards likely to cause injuries or

occupational diseases.

2. Compliance with Standards:

o Follow occupational safety and health standards specified in Section 18 or

any rules/orders under the Code.

3. Annual Health Check-ups:

o Provide free annual health tests for employees of specified ages or categories
as prescribed by the government.

4. Safe Working Environment:

o Create a safe and risk-free working environment to protect employees’ health.

5. Waste Disposal:

o Properly dispose of hazardous, toxic, and e-waste materials.

6. Appointment Letters:

o Issue formal appointment letters to all employees, and ensure any pending
letters (before the Code’s implementation) are issued within three months.

7. No Charges for Safety:

o Do not charge employees for safety measures, medical tests, or investigations

related to occupational health.

8. Responsibility for Safety:

o Be responsible for the safety of all individuals (employees or others) present

at the worksite, regardless of the employer’s knowledge.
Specific Duties for High-Risk Workplaces

(Like factories, mines, docks, construction sites, and plantations)

1. Safe Machinery and Systems:

o Provide and maintain machinery and work systems that are safe and without
risk to health.

2. Safe Handling of Materials:

o Ensure safety in the handling, storage, transport, and use of articles and
substances.

3. Training and Supervision:

o Offer proper training, information, and supervision to employees for

ensuring their safety.

4. Well-Maintained Workplaces:

o Keep workplaces in a safe condition, including safe entry and exit routes.

5. Monitoring and Facilities:

o Maintain or monitor a safe working environment with proper welfare

arrangements for employees.

Duties and responsibilities of owner, agent and manager in relation to mine (section
7)

1. Joint Responsibility of Owners and Agents

• The owner and agent of every mine are jointly and severally responsible for:

o Providing financial and other resources.

o Taking steps to comply with the provisions of the OSH Code, including
rules, regulations, bye-laws, and orders related to mines.
2. Accountability for Contraventions

• If any provision of the Code or related rules is violated in a mine:

o Besides the person directly responsible, the following individuals are also
deemed guilty unless they prove they exercised due diligence:

▪ Supervisory officials appointed to oversee compliance.

▪ Manager of the mine.

▪ Owner and agent of the mine.

▪ Appointee under Section 24, if applicable (person responsible for

specific tasks).

3. No Escape from Responsibility

• Owners and agents cannot defend themselves in case of violations by claiming:

o The manager or other officials were appointed as per the Code.

o Someone else was assigned responsibility under Section 24.

o They must show due diligence and reasonable efforts to prevent

contraventions.

Notice of certain accident (section 10)

1. Reporting of Accidents

If an accident occurs in an establishment and results in:

• Death, or

• Bodily injury that prevents the injured person from working for 48 hours or
more, or

• Any other type of accident prescribed by the government,

Then, the following individuals must notify the authorities within the time and manner
specified by the government:

• In Mines: The employer, owner, agent, or manager (as per Section 67).

• In Factories or Dock Work: The employer or manager.

• In Plantations, Construction Sites, or Other Establishments: The employer.

2. Inquiry into Fatal Accidents

• If the accident causes death in a plantation, construction site, or any other

establishment:

o The authority receiving the notice must conduct an inquiry into the
accident within two months of receiving the report.

o If no specific authority exists, the Chief Inspector-cum-Facilitator will

direct an Inspector-cum-Facilitator to carry out the inquiry within the
same timeframe.

Notice of certain dangerous occurrences (section 11)

1. What to Report: Any dangerous occurrence in an establishment, whether it causes

injury/disability or not.
2. Who Reports: The employer of the establishment.
3. How to Report: Send a notice to the prescribed authorities, in the specified form
and time as decided by the appropriate government.

Notice of certain diseases (section 12)

1. Duty of the Employer:

• If a worker contracts a disease listed in the Third Schedule:

o The employer must send a notice to the prescribed authorities in the

specified form and time.
2. Duty of the Medical Practitioner:

• If a qualified medical practitioner attends to a person employed in an

establishment and suspects the person has a Third Schedule disease, they must:

o Immediately send a report in writing to the Chief Inspector-cum-

Facilitator's office in the prescribed form and manner.

3. Penalty for Non-Compliance by Medical Practitioners:

• If the medical practitioner fails to report:

o They may face a penalty up to ₹10,000.

Duty not to interfere with or misuse things (section 15)

No person shall intentionally or recklessly interfere with, damage or misuse anything

which is provided in the interest of health, safety or welfare under this Code
Module 11: Occupational Safety and Health Safety and Working Conditions

National Occupational Safety and Health Advisory Board (section 16)

1. Purpose of the National Board

The Central Government forms the National Board to:

• Advise on:

o Standards, rules, and regulations under the OSH Code.

o Policy and program implementation related to occupational safety and

health.

o Specific matters referred to it by the Central Government.

• Support implementation of OSH Code provisions and related policies.

2. Composition of the National Board

The Board includes both ex-officio members (by virtue of their positions) and
nominated members.

• Chairperson (ex-officio): Secretary, Ministry of Labour and Employment.

• Other ex-officio members include:

1. Director General, Factory Advice Service and Labour Institutes, Mumbai.

2. Director General, Mines Safety, Dhanbad.

3. Chief Controller of Explosives, Nagpur.

4. Chairman, Central Pollution Control Board, New Delhi.

5. Chief Labour Commissioner (Central), New Delhi.

6. Principal Secretaries of Labour from four rotating States.

7. Director General, Employees' State Insurance Corporation (ESIC).

8. Director General, Health Services.

 • Nominated Members (for three years):

1. 5 representatives of employers.

2. 5 representatives of employees.

3. A professional from a relevant body for standards and policies.

4. 5 eminent persons from occupational safety, research, or related fields.

5. Special invitees from State/Union Territories for specific inputs.

• Member Secretary: Joint Secretary, Ministry of Labour and Employment (ex-

officio).

3. Functions of the National Board

• Advising the Central Government on standards, rules, and policies related to

occupational safety.

• Consultation with State Governments on specific issues like factories,

plantations, and other sectors.

• Formation of technical and advisory committees for assistance.

4. Terms and Roles of Members

• Members nominated from employers, employees, professionals, and eminent

persons serve a three-year term.

• The Central Government:

o Decides procedures for nomination and functioning.

o Determines staff and resources required for the Board’s effective

functioning.
State Occupational Safety and Health Advisory Board (section 17)

1. Purpose

The State Government must constitute the State Occupational Safety and Health
Advisory Board to:

• Provide advice on matters related to the administration of the OSH Code within
the state.

• Handle issues referred to it by the State Government.

2. Key Features

• Constitution and Procedure:

o The State Government decides the Board’s structure, functioning, and

terms.

o These details will be prescribed by the State Government.

• Technical and Advisory Committees:

o The State Government can form multiple committees, including site

appraisal committees, to:

▪ Support the State Advisory Board.

▪ Provide recommendations on local safety and health issues.

Simplified Memorization Tips

• "State Board for State Matters."

• Functions are decided and supported by the State Government through

technical experts.
Occupational safety and health standards (section 18)

1. Declaration of Standards by Central Government

The Central Government must notify standards for occupational safety and health in
workplaces such as factories, mines, dock work, and construction sites.

2. Key Aspects of the Standards

• Hazard Prevention:

o Address physical, chemical, biological, or other hazards to prevent health

damage over an employee’s working life.

• Norms for Safety:

o Hazard Awareness: Identify hazards for employees and users.

o Symptoms and Precautions: Ensure guidelines for recognizing

symptoms, treatments, and precautions for safe exposure.

o Monitoring: Monitor employees' exposure to hazards with tools like:

▪ Safety audits.

▪ Hazard evaluation techniques like HAZOP and fault-free analysis.

o Medical Examinations: Provide medical tests for employees at the

employer’s cost to detect occupational diseases.

• Post-Employment Medical Care:

o Employees suffering from occupational diseases even after leaving

employment must get medical care.

• Workplace-Specific Safety:

o Develop additional measures based on specific industries like factories,

mines, docks, and others.
 • Second Schedule Amendments:

o The Central Government can modify safety standards based on

recommendations from the National Board.

o States may also amend these standards with the Central Government’s
prior approval.

Safety Committee and Safety Officers (section 20)

1. Who Conducts Surveys?

• Chief Inspector-cum-Facilitator: For factories or mines.

• Director General, Factory Advice Service and Labour Institute: For

factories.

• Director General of Mines Safety: For mines.

• Director General of Health Services: For factories or mines.

• Other officers authorized by the appropriate Government: For other

establishments or classes of establishments.

2. Process of Survey

• Notification:

o The employer must receive written notice before the survey.

• Employer’s Duty:

o Provide full cooperation and facilities for:

▪ Examining and testing plant and machinery.

▪ Collecting samples and data.

Key Point: In this section, the term “employer” includes the manager or any person
responsible for safety in that establishment.
3. Worker’s Role in Survey

• Workers may be required to:

o Undergo medical examinations.

o Provide relevant information they possess for the survey.

4. Time Spent by Workers

• Time used for medical examinations or providing information is counted as

working hours.

• Workers must be paid for this time, including extra wages if it results in overtime.

5. Reporting

• The survey report submitted to the Government by the official will be treated
as a report submitted by an Inspector-cum-Facilitator under the OSH Code.
Module 12: Hours Of Work and Annual Leave with Wages (section 25-31)

Daily and weekly working hours, leave, etc (section 25)

1. Maximum Working Hours

Workers cannot be required to work for more than:

• 8 hours a day.

• Daily work hours must include appropriate intervals and spread overs as notified
by the Government.

Special Cases:

• Mines:

o Workers below ground: Maximum daily hours are notified by the Central
Government.

o Work must operate in shifts, and shifts cannot exceed the daily maximum
hours.

o Workers cannot remain underground beyond their registered working

hours.

• Motor Transport Workers:

o Includes:

▪ Time spent working during running time.

▪ Time on subsidiary work (e.g., vehicle maintenance, passenger

handling).

▪ Short attendance periods (under 15 minutes) at terminals.

Key Definitions:

• Running Time: Time when the vehicle is operational.

• Subsidiary Work: Work outside running time, such as repair or administrative

tasks.

• Mere Attendance: Period when a worker is waiting to be called or take action.

2. Working Journalists

• Maximum of 144 hours over any 4 consecutive weeks.

• At least 24 hours of consecutive rest every 7 days.

3. Leave Provisions

Sales Promotion Employees and Working Journalists:

• Leave Entitlements:

o Earned Leave:

▪ Minimum 1 day for every 11 days worked.

o Medical Leave:

▪ Half pay, at least 1 day for every 18 days of service.

• Accumulation and Encashment:

o Earned leave can be accumulated up to a limit prescribed by the Central

Government.

o Conditions for encashment or extended leave use will also be prescribed.

Termination or Death:

• Workers or their heirs are entitled to cash compensation for unused earned leave:

o Voluntary Relinquishment or Retirement: Full cash compensation.

o Death: Heirs receive compensation for unused earned leave.

4. Adolescents

Working hours for adolescent workers are regulated by the Child and Adolescent
Labour (Prohibition and Regulation) Act, 1986.

Key Points for Exams

1. 8 Hours Rule: Maximum daily working hours, with Government-specified breaks and
intervals.

2. Mines and Motor Transport:

o Mines: Shift systems below ground, hours as per notification.

o Motor Transport: Includes running time, subsidiary work, and short attendance.

3. Journalists:

o 144 hours max over 4 weeks; 1 full day of rest every 7 days.

4. Leave:

o Earned and medical leave.

o Provisions for accumulation, encashment, and heirs in case of death.

5. Adolescents: Governed by specific child labor laws.

This section ensures fair working conditions, adequate rest, and transparency in leave
entitlements.

Weekly and compensatory holidays (section 26)

1. Mandatory Weekly Holiday:

• No worker can work for more than 6 days a week.

2. Motor Transport Exception:

• Workers may be required to work on a weekly holiday to avoid service

disruptions.

• Condition: No worker can work more than 10 consecutive days without a full
day of holiday in between.
3. Exemptions:

• The Government can exempt certain workers from the weekly holiday
requirement, subject to prescribed conditions.

4. Compensatory Holidays:

• If a worker misses a weekly holiday due to exemption, they must be granted

compensatory holidays within:

o The same month, or

o The following two months.

Extra wages for overtime (section 27)

1. Double Pay:

o Workers must be paid twice their regular wage rate for overtime hours
beyond the daily or weekly limit as prescribed.

2. Consent Required:

o Overtime work can only be assigned with the worker's consent.

3. Maximum Overtime Hours:

o The Government will prescribe the maximum allowable overtime hours

Night shifts (section 28)

1. Weekly Holiday:

o A weekly holiday for a shift worker is a period of 24 consecutive hours

starting from the end of their shift.

2. Counting Hours:

o Hours worked past midnight count as part of the previous day for shift
workers.
Prohibition of overlapping shifts (section 29)

1. Prohibition:

o No establishment can have multiple shifts or relays performing the same type
of work simultaneously.

2. Exemptions:

o The Government or Chief Inspector-cum-Facilitator may allow exceptions,

with conditions.

3. Mines Exception:

o This rule does not apply to mines.

Restriction on double employment in factory and mine (section 30)

Workers cannot work in a mine or factory if they’ve worked in another similar

establishment in the preceding 12 hours, unless otherwise prescribed.

Notice of periods of work (section 31)

1. Notice of Work Hours:

o Every establishment must display a work schedule notice detailing:

▪ Daily work periods.

▪ Compliance with legal work hour limits.

2. Form and Display:

o The notice format, display manner, and submission to the Inspector-cum-

Facilitator are prescribed by the Government.

3. Changes in Work System:

o Any change in work hours must be:

▪ Notified to the Inspector-cum-Facilitator in advance.

▪ Implemented only after one week, with prior approval.

Key Points for Exams

1. Weekly Rest: Workers must get one holiday every 7 days; compensatory leave
applies if missed.

2. Overtime: Paid at double the wage rate, with worker consent.

3. Shift Regulations: Provisions ensure clarity on hours for workers whose shifts cross
midnight.

4. Minimum Rest: Mandatory 12-hour rest between jobs in similar establishments.

5. Work Notice:

o Establishments must display detailed work schedules.

o Changes require prior notification and approval.

These sections safeguard worker health, ensure fair wages, and streamline work
schedules across industries.
Module 13: Special Provision relating to Employment of Women

Employment of women (section 43)

1. Equal Opportunities:

o Women are allowed to work in all establishments for all types of work under
this Code.

2. Night Shifts:

o Women can work before 6 a.m. and beyond 7 p.m. if:

▪ They provide consent, and

▪ Employers follow conditions prescribed by the Government regarding:

▪ Safety measures,

▪ Holidays, and

▪ Working hours.

Adequate safety of employment of women in dangerous operation (section 44)

1. Health and Safety Concerns:

o The Government can restrict the employment of women in:

▪ Specific establishments or classes of establishments, or

▪ Hazardous or dangerous processes.

2. Employer Obligations:

o Before employing women in such operations, employers must:

▪ Implement adequate safeguards as prescribed by the Government.

Key Takeaways for Exams

1. Consent is Mandatory: Women can work night shifts only if they agree.

2. Government Regulations:

o Employment of women in hazardous processes is restricted.

o Employers must ensure prescribed safety measures are in place.

3. Gender Equality: This chapter reflects the principle of equal employment

opportunities while ensuring protection in high-risk environments.
Module 14: Contract Labour

Section 2(m): "Contract Labour"

Contract labour refers to a worker who:

• Is hired in or in connection with the work of an establishment by or through a

contractor.

• This hiring may occur with or without the knowledge of the principal employer.

Inclusions:

• Includes an inter-State migrant worker, a category of workers who migrate across

state boundaries for employment.

Exclusions:

Contract labour does not include:

1. A worker regularly employed by the contractor for activities of the contractor's

establishment.

2. Workers whose employment meets the following criteria:

o Governed by mutually accepted standards of conditions of employment.

o Employment provides:

▪ Permanent engagement,

▪ Periodical increments in pay,

▪ Social security coverage, and

▪ Other welfare benefits as mandated by applicable laws.

Applicability of this Part (section 45)

Special Provisions for Contract Labour (Part I of Chapter XI)

1. Establishments Covered:

This part applies to:

o Establishments employing 50 or more contract labour on any day

during the preceding 12 months, through a contractor.

o Manpower supply contractors who have employed 50 or more

contract labour on any day during the preceding 12 months.

2. Exceptions:

o This part does not apply to establishments where only work of an

intermittent or casual nature is performed.

Determination of Intermittent or Casual Nature of Work

• If a dispute arises on whether work is intermittent or casual, the appropriate

Government will:

o Consult the National Board or a State Advisory Board.

o Make a final decision, which will be binding.

Definition of Intermittent Work:

Work in an establishment will not be considered intermittent if:

1. It was performed for more than 120 days in the preceding 12 months, or

2. It is of seasonal character and performed for more than 60 days in a year.

Licensing of contractors (section 47)

1. Requirement for Licensing:

o Contractors covered under this part must obtain a licence before:

(a) Supplying or engaging contract labour in any establishment.
(b) Undertaking or executing work through contract labour.

2. Conditions for Licensing:

o The licence will be issued only if the contractor meets the requisite
qualifications or criteria prescribed by the Central Government.

o The licence specifies:

▪ The number of contract labour that can be supplied or engaged.

▪ The security amount to be deposited.

3. Work-Specific Licence:

o Contractors not fulfilling the prescribed qualifications may apply for a work-
specific licence, valid for a particular work order.

o This licence is electronically renewable within the period prescribed by the

Central Government.

4. Conditions Attached to the Licence:

o The licence may include terms related to:

▪ Hours of work, wages, and other essential amenities for contract

labour.

o Licensing authority depends on the appropriate Government:

▪ Central Government establishments: Licence issued by the Central

authority.

▪ State Government establishments: Licence issued by the State-

designated authority.
 o Contractors operating in multiple states can obtain a single licence from the
Central authority after consulting the relevant State authorities.

Procedure for issue or renewal of license (section 48)

1. Electronic Application for Licences:

o Applications must be made electronically, providing details such as:

▪ Number of contract labour.

▪ Nature of work for which contract labour will be employed.

▪ Employment information of inter-State migrant workers.

2. Procedure for Issuing Licences:

o Licensing authorities must follow a procedure prescribed by the appropriate

Government.

3. Validity and Amendment of Licences:

o Licences issued under Section 47(1) are valid for 5 years.

o Contractors seeking to increase the number of contract labour must:

▪ Apply for an amendment.

▪ Deposit an additional security deposit for the amended licence.

4. Responsibility of Contractors:

o Licences will include specified responsibilities of contractors as prescribed by

the appropriate Government.

Revocation, suspension and amendment of license (section 51)

The authority under Section 119(1) may revoke or suspend a licence if:

1. Misrepresentation or Suppression:

o The licence was obtained by misrepresentation or suppression of any material

fact.
2. Non-Compliance or Contravention:

o The licence holder has failed to comply with the conditions of the licence.

o The contractor has violated any provision of this Part or the rules made under
it.

Procedure:

1. Opportunity to Be Heard:

o The contractor must be given a chance to show cause before the licence
is revoked or suspended.

2. Prescribed Procedure:

o The revocation or suspension must follow the procedure prescribed by

the Central Government.

Amendment of Licences:

• The licensing authority may amend a licence granted under this Part, subject to
rules prescribed in this regard.

Liability of principal employer for welfare facilities (section 53)

The principal employer must provide welfare facilities as specified under Sections 23
and 24 to all contract labour employed in their establishment.

Effect of employing contract labour from a non-licensed contractor (section 54)

If a contractor required to obtain a licence under this Part fails to do so:

• The employment of contract labour by the principal employer through such a

contractor will be deemed a contravention of the Code.
Responsibility for payment of wages (section 55)

1. Contractor's Responsibility:

o Wages must be paid to contract labour before the expiration of the prescribed
period.

2. Payment Method:

o Payment should be made via bank transfer or electronic mode, with

notification to the principal employer.

o If electronic modes are impractical, payment must follow an alternative

method prescribed by the appropriate Government.

3. Liability of Principal Employer:

o If the contractor fails to pay or makes a short payment, the principal employer
is responsible for paying the full wages or unpaid balance.

o The employer can recover this amount from the contractor by deduction or
as a debt.

4. Security Deposit Utilization:

o The Government can use the contractor's security deposit to compensate

unpaid wages if the contractor defaults.

Experience certificate (section 56)

Contractors must issue an experience certificate to contract labour upon demand,

detailing the work performed.
Prohibition of employment of contract labour (section 57)

1. General Prohibition:

o Employment of contract labour in core activities of an establishment is

prohibited.

2. Exceptions:

o Contract labour can be engaged in core activities if:

▪ The activity is ordinarily performed through contractors.

▪ The activity does not require full-time workers.

▪ There is a sudden increase in work volume for a specific time period.

3. Core Activity Designation:

o The Government may appoint a designated authority to advise on whether an

activity is core or non-core.

o Aggrieved parties can apply for a decision, which the Government will resolve
after consulting the designated authority.

Chapter XI of the Code on Industrial Relations focuses on Contract Labour and Inter-State
Migrant Workers, providing essential protections for these workers:

1. Regulation of Employment: Contractors must obtain a license to hire contract workers, ensuring
lawful employment practices.

2. Wage Protection: Contractors are responsible for paying wages to contract workers, and if they
fail, the principal employer must step in to ensure payment.

3. Welfare Standards: Contract workers must be provided the same welfare facilities as regular
employees.

4. Core Activities: Contract labour cannot be used for core activities of an establishment unless certain
conditions are met, ensuring job security for core workers.

5. Experience Certificates: Contractors must issue certificates detailing workers' experience, helping
workers advance their careers.
6. Migrant Worker Protection: Inter-state migrant workers are guaranteed the same protections as
local workers, reducing exploitation.

7. Compliance and Penalties: Contractors who violate regulations can have their licenses revoked or
suspended.

Module 15: Inter-State Migrant Workers and Audio-Visual Workers (60-66)

Facilities to inter-State migrant workers (section 60)

Every contractor or employer of an establishment employing inter-State migrant

workers must:

1. Ensure Suitable Conditions of Work:

o Conditions must consider that the worker is employed in a state different from
their native state.

2. Report Fatalities or Serious Injuries:

o In the event of a fatal accident or serious injury, the employer must report
the incident to the relevant authorities of both the origin and destination states
and notify the worker’s next of kin.

3. Provide Full Worker Benefits:

o Migrant workers must be given the same benefits as other employees of the
establishment, including benefits under Employees' State Insurance (ESI),
Provident Funds, and any applicable social security laws, as well as access to
medical check-ups available to workers.

Journey allowance (section 61)

• The employer must pay a lump sum fare for the migrant worker's to and fro
journey from their native place to the place of employment once a year.

• This payment will consider factors such as minimum service required for eligibility,
the periodicity of travel, the class of travel, and any other conditions prescribed by
the appropriate Government.
Benefits of public distribution system, etc (section 62)

• The appropriate Government will create schemes to ensure that inter-State

migrant workers can:

1. Choose to receive benefits from the public distribution system either in

their native state or the state where they are employed.

2. Portability of benefits: Ensure that benefits from building and other

construction cess funds can be accessed by migrant workers in the
destination state where they work.

Toll free helpline (section 63)

• The appropriate Government may establish a toll-free helpline to assist inter-

State migrant workers with any issues they face, as prescribed by the
government.

Past liabilities. (section 65)

• No legal proceedings (suit or otherwise) can be initiated for the recovery of debts
related to inter-State migrant workers after their employment ends. Any
outstanding debts to contractors or principal employers will be considered
extinguished once the employment period ends.

Prohibition of employment of audio-visual worker without agreement (section 66)

1. Written Agreement Requirement:

o No person shall be employed as an audio-visual worker in connection with

any audio-visual production unless they have a written agreement with the
producer, or in some cases, through the contractor involved in the
production.
 o The agreement must be registered with the competent authority, which
will be designated by the appropriate Government.

2. Content of the Agreement:

The agreement must:

o Identify the worker and provide personal details as prescribed by the

Government.

o Specify obligations of the producer and contractor, especially regarding wage

payments and other worker rights.

o Liability for wages: If a contractor fails to pay wages or meet obligations,

the producer will also be held responsible, with the right to seek
reimbursement from the contractor.

Additional Agreement Details (Section 66(4))

• The agreement must include detailed terms about:

1. Nature of the Assignment: What the worker will be doing.

2. Wages and Benefits: Including details on provident fund contributions

(if applicable).

3. Health and Safety: Conditions that ensure the worker's health and safety.

4. Working Hours: Clearly define working hours.

5. Welfare Facilities: Amenities that the worker is entitled to.

6. Dispute Resolution: The process for resolving any disputes, with the
Industrial Tribunal having jurisdiction if disputes are not resolved.

Provident Fund and Benefits (Section 66(3))

• If the audio-visual worker is entitled to a provident fund, a copy of the agreement

must be sent by the producer to the relevant authority that manages such benefits.
Module 16: Mines and Beedi and Cigar Workers (67-77)

Managers (section 67)

1. Appointment of Manager:

o Every mine must have a sole manager responsible for overseeing the mine.
The Central Government will prescribe qualifications for the manager.

o The owner or agent of the mine is required to appoint a qualified person as

the manager, but they can appoint themselves if they meet the qualifications.

2. Responsibilities of the Manager:

o The manager has full responsibility for the management, control,

supervision, and direction of the mine. They are expected to act based on
the instructions given by the owner or agent, but these instructions must be
confirmed in writing.

3. Limitations on Direct Instructions:

o The owner or agent (or anyone representing them) cannot give instructions
directly to mine workers on duties that are under the responsibility of the
manager, except in emergencies. All instructions to workers must go through
the manager.

Exemption from provision regarding employment (section 69)

1. Emergency Situations:

o In emergencies (such as serious risks to safety, accidents, or urgent repairs

to machinery), the manager can allow workers to be employed in conditions
that would typically violate regular working hours or other regulations
(sections 25, 30, 31). This is to ensure the safety of the mine and its workers.

o This exemption is only for work that is necessary to protect safety or address
an urgent breakdown, and it should not excessively disrupt normal mine
operations.
2. Recording of Emergency Action:

o Whenever the manager takes such emergency action, it must be recorded

along with the circumstances, and a report must be submitted to the Chief
Inspector-cum-Facilitator or an Inspector-cum-Facilitator.

Employment of persons below eighteen years of age (section 70)

1. Prohibition on Employment of Children:

o No person under 18 years of age can work in any mine.

2. Apprentices and Trainees:

o Apprentices (16 years or older) and other trainees (also 16 or older) can
work in mines under proper supervision by the manager. However, for
trainees (other than apprentices), prior approval from the Chief Inspector
or Inspector-cum-Facilitator is required before they can be employed.

o The Central Government may also set rules for medical examinations to
ensure that apprentices, trainees, and employees are fit to work in mines. This
is to prevent minors (under 16) from working or becoming apprentices or
trainees in mines.

Exemption to certain persons (section 71)

• The Central Government may provide exemptions to certain persons or

categories of workers in mines from specific provisions regarding work hours,
weekly rest, and other related sections (sections 25, 26, 30, and 31).

Establishment, maintenance of rescue services and vocational training (section 72)

• The Central Government is empowered to establish rules for providing

vocational training and ensuring the availability of rescue and recovery
services for persons working in mines. This aims to improve the safety and skills
of mine workers, preparing them for emergencies and ensuring they are trained
to handle mining operations safely.
Decision of question whether a mine is covered under this Code (section 73)

1. Dispute Resolution:

o If there is any dispute regarding whether an excavation or work related to a

mine falls under the scope of this Code, particularly in terms of ancillary
processes like dressing or preparation of minerals or coke, the Central
Government will decide the matter.

o A certificate from a Secretary to the Government of India in the Ministry

of Labour and Employment will serve as conclusive proof regarding the
determination of such questions.

Licence to industrial premises and person (section 74)

1. Licensing Requirement:

o No employer can use or allow any premises to be used for industrial purposes,
such as manufacturing beedis or cigars, unless they hold a valid license issued
under section 119 of this Code.

2. Application Process:

o Those intending to use premises for beedi or cigar manufacturing must apply
for a license to the relevant authority (under section 119) with:

▪ Details of the maximum number of employees expected at any time.

▪ A plan of the premises, prepared according to guidelines prescribed by the

State Government.

3. Considerations for License Granting:

o The authority will evaluate the application based on factors such as:

▪ Suitability of the premises for manufacturing beedis or cigars.

▪ The experience of the applicant, including whether they have employed

experienced persons or have made agreements for such employment.
 ▪ The financial capacity of the applicant to meet legal and welfare
obligations for workers.

▪ Whether the application is bona fide (legitimate) or is being made under

someone else's name (benami).

▪ The welfare of laborers and the public interest in the locality.

4. Validity and Renewal of License:

o A license granted under this provision is valid for five years, after which it can
be renewed.

o To renew the license, the employer must apply at least 30 days before the
expiration, paying prescribed fees. If the application is pending, the license
remains valid until the renewal or refusal.

o The renewal will only happen if the applicant is in compliance with the
provisions of this Part and relevant rules.

5. Refusal or Cancellation of License:

o If the authority determines that the license was obtained through

misrepresentation or fraud, or if the conditions of the license are violated, it
can suspend or cancel the license after hearing the license holder.

o The State Government may issue written directions to the authority regarding
the granting or renewal of licenses.

6. Terms and Conditions:

o Licenses may be granted or renewed with specific terms and conditions

determined by the granting authority.

o If the authority refuses to grant or renew a license, it must communicate the

refusal in writing, stating the reasons for the decision.
Permission to work by employees outside industrial premises (section 76)

1. Permission for Work Outside Industrial Premises:

o The State Government may allow the wetting or cutting of beedi or tobacco
leaves outside the industrial premises under specific conditions. This
permission is granted following an application made by the employer on
behalf of the employees.

2. Record Keeping:

o Employers must maintain a record of any work done outside the industrial
premises as permitted under this section. The records must be kept in a
prescribed format.

3. General Prohibition on Work Outside Industrial Premises:

o Manufacturing processes related to the making of beedi or cigar must not be

carried out outside the industrial premises, except for the cases outlined in this
section.

o However, this prohibition does not apply to workers who are provided with
raw materials (like beedi leaves or tobacco) by the employer or a contractor
and then make the beedi or cigar at home.
Part not to apply to self-employed persons in private dwelling houses (section 77)

1. Exemption for Private Dwelling House Owners/Occupiers:

o The provisions of this Part do not apply to the owner or occupier of a private
dwelling house who is not an employee of an employer under this Part.
Specifically, this exemption applies to those carrying on manufacturing
processes within their own private dwelling houses with the assistance of their
family members who reside with them and are dependent on them.

2. Explanation of Key Terms:

o Family: For the purposes of this section, the term "family" excludes any child
as defined in the Child and Adolescent (Prohibition and Regulation) Act,
1986.

o Private Dwelling House: Refers to a house where persons involved in the

manufacture of beedi or cigar reside and carry out the manufacturing process,
provided they are family members dependent on the householder.
Module 17: Factories and Plantation

Approval and licensing of factories (section 79)

1. Rules for Factory Approval:

o The appropriate Government may make rules for factories, covering:

▪ Submission of plans (including specifications, nature, and certification).

▪ Permission for the site and construction or extension of a factory.

▪ Licensing of factories and renewal of licenses, including the fees for these
processes.

2. Deemed Approval:

o If the State Government or Chief Inspector-cum-Facilitator does not respond

to an application for permission within 30 days (sent electronically with
required plans), the permission is deemed granted.

3. Appeals:

o If permission is refused by the State Government or Chief Inspector-cum-

Facilitator, the applicant can appeal:

▪ To the Central Government if the refusal was by the State Government.

▪ To the State Government in other cases.

4. Factory Extension:

o A factory is not considered extended just by replacing machinery or adding

machinery within prescribed limits if it does not reduce space for safe working
or harm the environment.
Liability of owner of premises in certain circumstances (section 80)

1. Premises Leased to Multiple Occupiers:

o If a factory is divided into separate buildings leased to different occupiers, the

owner of the premises and the occupiers are jointly responsible for
maintaining common facilities such as:

▪ Safety and fire prevention.

▪ Access, hygiene, occupational health, ventilation, and temperature

control.

▪ Emergency preparedness, canteens, shelters, restrooms, and crèches.

o These responsibilities must meet the standards prescribed by the appropriate

Government.

Power to apply Code to certain premises (section 81)

1. Declaration of Factory Status:

o The appropriate Government may declare any place as a factory, even if it

doesn’t meet the typical worker requirements, as long as it involves a
manufacturing process with or without power.

2. Definition of Factory:

o Once declared a factory, the owner is considered the occupier, and any
workers employed there are considered factory workers.

3. Definition of "Owner":

o The term "owner" includes lessees or mortgagees with possession of the

premises.
Dangerous operations (section 82)

1. Dangerous Manufacturing Processes:

o The appropriate Government can define certain manufacturing processes as

dangerous and regulate the following:

▪ Prohibition or restriction on employing pregnant women in these

processes.

▪ Medical examinations to ensure workers are fit for dangerous

employment, at the employer’s cost.

▪ Requirements for protective equipment, welfare amenities, and other

safety measures.

Compulsory disclosure of information by occupier (section 84)

1. Disclosure of Dangers and Safety Measures:

o Occupiers of hazardous factories must disclose all relevant information about

dangers (including health hazards) and measures to mitigate them. This
disclosure should be made to:

▪ Workers employed in the factory.

▪ The Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator.

▪ The local authority within whose jurisdiction the factory is located.

▪ The general public in the vicinity.

2. Health and Safety Policy:

o At the time of registering a hazardous factory, the occupier must submit a

detailed health and safety policy for workers to the Chief Inspector-cum-
Facilitator or Inspector-cum-Facilitator, and the local authority.

o Any changes to this policy must be communicated periodically to the relevant

authorities.
3. Waste Disposal Information:

o Information provided under sub-section (1) must include:

▪ Details about the quantity, specifications, and characteristics of waste.

▪ The disposal methods used for waste.

4. Emergency Plans:

o The occupier must, with the approval of the Chief Inspector-cum-Facilitator,

create an on-site emergency plan and detailed disaster control measures.

o Workers and the general public in the area must be informed of safety measures
to follow in case of an accident.

5. Notification of Hazardous Process:

o If a hazardous process is planned to commence, the occupier must notify the

Chief Inspector-cum-Facilitator within 30 days before starting the process,
including details of the process in the prescribed form.

6. Licence Cancellation for Non-Compliance:

o If the occupier fails to notify about the commencement of a hazardous process,

the factory’s license can be canceled in addition to any penalties under this
Code.

7. Handling and Disposal of Hazardous Substances:

o The occupier, with prior approval from the Chief Inspector-cum-Facilitator,

must lay down measures for the handling, usage, transportation, and storage
of hazardous substances inside the factory and disposal outside.

o These measures should be communicated to both workers and the public.

Specific responsibility of the occupier in relation to hazardous processes (section
85)

1. Health Records Maintenance:

o The occupier must maintain accurate and up-to-date health or medical

records for workers exposed to hazardous substances (chemicals, toxic
materials, etc.).

o These records should be accessible to the workers, subject to conditions

prescribed by the State Government.

2. Appointment of Competent Supervisors:

o The occupier must appoint persons with prescribed qualifications and

experience to supervise the handling of hazardous substances within the factory.

o The appointed persons should ensure that necessary safety measures are in place.

o In case of disputes regarding qualifications, the decision of the Chief Inspector-

cum-Facilitator is final.

3. Medical Examination:

o Workers involved in hazardous processes must undergo medical examinations:

▪ Before starting work with hazardous substances.

▪ Periodically, while working with such substances.

▪ After ceasing to work in such jobs, at intervals not exceeding 12

months.

o The medical examinations should be conducted in the manner prescribed by the

State Government.
Permissible limits of exposure of chemicals and toxic substances (section 88)

• The maximum permissible limits for exposure to chemical and toxic

substances during manufacturing processes in any factory will be prescribed
by the State Government. This ensures that there are specific, regulated
thresholds for harmful exposures, promoting worker safety and health.

Right of workers to warn about imminent danger (section 89)

1. Worker's Right to Raise Concerns:

o Workers in factories engaged in hazardous processes can raise concerns if they

believe there is a likelihood of imminent danger to their health or lives due
to an accident or unsafe conditions.

o Workers can bring these concerns to the attention of:

▪ The occupier, agent, manager, or any person in charge of the factory or

process.

▪ The Safety Committee (if available), either directly or through their

representatives.

▪ The Inspector-cum-Facilitator simultaneously.

2. Occupier’s Duty to Act:

o Upon being notified, the occupier or in-charge must take immediate remedial
action if they are satisfied that there is indeed an imminent danger.

o The occupier must then send a report to the Inspector-cum-Facilitator about

the action taken.

3. Referral to Inspector-cum-Facilitator:

- If the occupier or in-charge is not satisfied that there is imminent danger, they
must still refer the matter to the Inspector-cum-Facilitator for a final
decision. - The Inspector-cum-Facilitator’s decision on whether there is
imminent danger will be final.
Prohibition of employment of certain persons in certain building or other
construction work (section 78)

This section outlines the protection for workers who have certain disabilities or medical
conditions that may put them at risk in hazardous construction work.

1. Prohibition on Risky Work:

o Employers are prohibited from requiring or allowing a worker to perform

construction work that involves risk, if the employer knows or has reasons to
believe that the worker:

▪ Is deaf (hearing impairment).

▪ Has defective vision (vision impairment).

▪ Has a tendency to giddiness (dizziness or vertigo).

2. Safety Concerns:

o These conditions may affect the worker's ability to perform certain tasks safely,
both for their own safety and for the safety of others.

o Therefore, workers with these conditions should not be assigned to tasks that
could lead to accidents or endanger their health or the health of others in the
vicinity.