Rationalization of Sections in Labour Codes: Total 29 1232 480
Rationalization of Sections in Labour Codes: Total 29 1232 480
1
• The Code on Wages, 2019 envisages:
2
The Industrial Relations Code, 2020 envisages :-
3
The Occupational Safety Health and Working Conditions Code
– Matters relating to Factories, Mines, Dock, Construction
Workers, Plantation, Motor Transport & Beedi and Cigar
– Contract Labour & Inter- State Migrant Workers
• Code envisages:
– Occupational Safety standards for various sectors
– Health and Working Conditions : ventilation, drinking water,
etc.
– Hours of Work , Overtime hours, Leave, Holiday, etc.
– Welfare provisions : canteen, crèche, rest rooms, first aid, etc.
Threshold for Standing Orders under IR Code
Position in the IR Code
The Industrial Relations Code
includes the following changes:
i.Increased the threshold to 300
workers
ii.No flexibility to the State
Government to reduce below 300
workers
iii.Preparation of Model Standing
Orders
iv.Certification only required in
respect of provisions which are
different from model Standing Order
within 60 days
5
Fixed Term Employment
8
Related to Tribunal
10
Threshold under OSH Code
Position in the Code
In the OSH Code the threshold for
applicability of the code has been increased
to 20 or more workers (with power) and 40
or more workers (without power).
11
Salient Features of the Code: Workers
New definition:-
16
Inter-state Migrant Worker in OSH Code… contd..
Changes made in the OSH Code to address the issues of
definition, portability of benefits, data collection, etc.
Portability of benefits introduced - to formulate schemes
for providing portability of benefits under public
distribution system and (ii) for availing benefits under
building and construction worker cess
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Salient Features of SS Code
• Rate of interest to be notified on delayed payment
(contributions etc. due from EPF or ESI) (sec. 129)
• An enabling provision made that the ESIC’s medical,
nursing, dental colleges and training institutes could be
managed by Central or State Government, or PSU or “any
other body to be notified by Central Government” (39(5))
• Self-assessment and payment of cess by employer on cost
of construction of building within 60 days or such period
as notified by appropriate Government. (sec. 103)
• Enabling provision introduced for constituting of a special
purpose vehicle for implementation of schemes for
unorganised workers. (Sec. 109)
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Gig and Platform workers
Social security schemes for gig workers and platform workers on matters relating to
(a) life and disability cover; (b) accident insurance;(c) health and maternity benefits; (d)
old age protection; (e) crèche: and (f) any other benefit as may be determined by the
Central Government. (Para 4.50)
20
EPFO- Assessment matters
• Limitation period of 5 years introduced for initiating a case against
an establishment.
• Period for conducting inquiry restricted to 2 years initially and can
be extended up to 1 year.
• Pre-deposit amount before filing appeal in tribunal fixed at 25% of
the assessed amount .
• A period of one year provided for Tribunal to decide the appeal.
• Removal of clause providing power to Assessing Officers to review
suo-moto the orders passed by him, on discovery of a new
evidence.
• Removal of power of Assessing Officer to reopen the case within 5
years in respect of “escaped amount”, if he has reason to believe
that an employer had omitted to provide an information.
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Advantages of Codification
• One Registration; One Licence ; One
Return; Minimum Forms
• Uniform definitions
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Social Security Code, 2020
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Acts covered under four Labour Codes
Code on Industrial Relations
1. The Industrial Disputes Act, 1947
2. The Trade Unions Act, 1926
3. The Industrial Employment (Standing Orders) Act, 1946
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Comparison of penalties- The Code on Wages
Name of the Act Existing Penalty Penalty in Code
1 Minimum Wages Fine extendable up to Rs. First offence: Fine up to Rs
Act, 1948 – 500 or imprisonment up 50000/-
to 6 months or both Compoundable
Subsequent Offence: Fine
Non-payment of up to 1 lakh or
minimum wage imprisonment up to 3
etc months or both
2 Payment of Wages Fine not less than Rs. First offence: Fine up to Rs.
Act, 1936 – Delay 1500/- but which may 50000/-
in payment of extend up to Rs. 7500/- Compoundable
wages,
unauthorized Subsequent Offence: Fine
deduction, non- up to 1 lakh or
payment of imprisonment up to 3
overtime etc months or both
Comparison of penalties- The Code on Wages
Name of the Act Existing Penalty in Code
3 Payment of Bonus Fine extendable up to Rs. First offence: Fine up to
Act, 1965 – Non- 1000 or imprisonment up to Rs 50000/-
payment of bonus 6 months or both Compoundable
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Comparative Statement of Penalty - OSH Code
Nature of offence Existing Revised/proposed
30
Comparative Statement of Penalty – OSH
Code
Nature of offence Existing Revised/proposed
6 Contravention of Upto Fine Rs -1 lakh or Upto Fine Rs -5 lakh or
duties resulting in an imprisonment upto 2 imprisonment upto 2
accident years or with both years or with both (Sec.
103)
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Comparative Statement of Penalties - Social Security Code
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Comparative Statement of Penalties - Social Security Code
Offence Existing Revised/proposed
The Knowingly makes Fine up to Rs. 10,000 or Fine up to Rs.50,000 or
Payment or causes to be Imprisonment for a term Imprisonment for a term
of made any false which may extend to six which may extend to six
Gratuity statement or false months, OR with BOTH months, OR with BOTH
Act representation (Sec – 9) (Sec. 133)
Compoundable
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Comparative Statement of Penalties - Social Security Code
Offence Existing Revised/proposed
ESI Act Punishment for false Fine up to Rs. 2000 or imprisonment up Fine up to Rs. 50,000 or
statement to 6 months , OR with both (Sec – 84) imprisonment up to 6
months, OR with both (Sec –
133)
Compoundable
Punishment for failure Fine of Rs. 5000 and imprisonment Fine up to Rs. 50,000
to pay contributions, between 6 months to 3 years (Sec – 85(i) imprisonment between
etc (b)) 2 months to 6 months (Sec
– 133)
Compoundable
Failure to deposit Fine of Rs. 10,000 and imprisonment Fine of Rs. 1 lakh and
Employees deducted between 1 year to 3 years (Sec – 85(i)(a)) imprisonment between 1
from wages year to 3 years (Sec – 133)
Non compoundable
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Comparative Statement of Penalties - Social Security Code
ESIC Enhanced punishment in certain Fine up to Rs. 5000 Fine up to Rs. 2,00,000
cases after previous conviction and imprisonment up and imprisonment up to
Act to 5 years, (Sec. 85(a) two years. (Sec. 136)
Non Compoundable
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Comparative Statement of Penalties - Social Security Code
Offence Existing Revised/proposed
EPF Knowingly makes or Fine of Rs. 5000 or Fine Upto Rs. 50,000 or
Act* causes to be made any imprisonment up to one imprisonment up to 6
false statement or false year, OR with both (Sec. months, OR with both (Sec –
representation 14(1)) 133)
Compoundable
36
Comparative Statement of Penalties - Social Security Code
Offence Existing Revised/proposed
The (a) fails to maintain a Fine up to Rs. 5000 Fine up to Rs. 50,000 (Sec 133)
Employees notice-book (Sec 18(A))
Compensation (b) fails to send to the Compoundable
Act Commissioner a
statement which he
is required to send
(c) fails to send a report
which he is required
to send
(d) fails to make a return
which he is required
to make
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Comparative Statement of penalties - Social
Security Code
Offence Existing Revised/proposed
BOCW Furnishes any return Fine up to Rs. 1000 or Fine up to Rs. 50,000 or
Cess knowingly, or having imprisonment which may imprisonment up to 6
reason to believe, the extend to six months, OR months, or with both (Sec
same to be false. both (Sec -12(1)) -133)
Compoundable
38
Comparison of Penalties – IR Code
Violation Existing Revised/proposed
1 Section 25Q. Lay-off Fine which may extend to Rs. No imprisonment. Fine
and retrenchment 1000/-. Imprisonment up to between Rs. 1 lakh to 10
without previous one month, or both.
permission.
lakh.
Same penalty each time. Compoundable
Section 25R. Closure Imprisonment up to 6 months,
without complying with or fine which may extend to Subsequent offence:
the provisions of sub- Rs. 5000/- or both.
section (1) of Section Fine between Rs. 5 lakh to
25-O. 20 lakh or imprisonment
upto 6 months or with
both.
Section 30A. Penalty for Imprisonment for a term
closure without notice. which may extend to 6 Compoundable
(90 days) months, or with fine which (Sec. 86(1) & (2))
may extend to rupees five
thousand, or with both.
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Comparative Statement of Penalty - IR Code
Violation Existing Revised/proposed
2 Sec 26. Illegal Strikes Imprisonment up to one In case of worker - Fine
and Lock-outs. month, or fine up to Rs. 50/- between Rs. 1000/- to Rs.
or with both 10,000/- or with
imprisonment up to one
month, or with both.
In case Employer (Sec.86(13)) - Compoundable
commence lockout illegal
imprisonment upto one In case of employer - Fine
month, or fine upto Rs. between Rs. 50000/- Rs.
1000/-, or with both 100000/- or with
imprisonment upto one
month, or with both (Sec.
86(14)) - Compoundable
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Comparative Statement of Penalty - IR Code
Violation Existing Revised/proposed
4 Section 28. Penalty Imprisonment for a Fine between Rs. 10000- 50000/
for giving financial aid term which may or imprisonment for a term up
to illegal strikes and extend to six months, to one month, or both. -
lock-outs. or fine which may Compoundable
extend to Rs. 1000/-
(Sec.86(16))
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Comparative Statement of Penalty - IR Code
Violation Existing Penalties Proposed Penalties under Code
5 Section 29. Imprisonment upto six Fine between Rs. 20,000/- to Rs.
Penalty for months, or with fine (No 2,00,000 or with imprisonment up to 3
breach of amount indicated), or with months or with both. (Sec.86(17)) –
settlement or both, Compoundable
award.
Before Continuing breach: Further For continuing breach:
Conciliation fine up to Rs. 200/- per day
Officer, Tribunal’s during which the breach Additional fine up to Rs. 1000/- for
award continues after the conviction every day during which the breach
for the first offence. continues after the first conviction. (Sec
86(18).
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Comparative Statement of Penalty - IR Code
Violation Existing Revised/proposed
6 Sec 30. Penalty for Imprisonment upto six Fine which may extend to
disclosing confidential months, or with fine upto Rs 20000/-, or with
information. Rs 1000/-, or with both. imprisonment up to 1 month
or with both. (Sec.86(19)) –
Compoundable
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One Registration
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One License
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One Return
• Presently, 21 Returns in following 9 Acts
Name of the Act Number of Name of the Act Number of
Returns Returns
Factories Act, 1948 03 Contract Labour, Act, 1970 02
Mines Act, 1952 03 Inter-State Migrant 04
Workmen Act, 1979
Dock Workers 02 Motor Transport Workers 01
(Safety & Health) Act, 1961
Act, 1986
Plantation Labour 02 Beedi and Cigar Workers Act, 02
Act, 1951 1966
Building and Other 02
Construction
Workers Act, 1996
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Salient features of Social Security Code