New Labour Codes’ 2020

(Labour Laws II)

The Industrial Safety, Health & Working

Conditions Code, 2020

Welcome
Amulya Priyadarshi
DGM, HRD, BSP
1. Why are we here?

This is a Functional Development program for frontline

Executives (Especially E – 4)
In line with the revised Promotion Policy
The key provisions of this comprehensive Code have been reproduced verbatim. The
remaining ones have been condensed for reference and understanding purposes. The
participants are advised to go through the PDF Doc of the bare act for detailed
understanding.
Lets Begin!

3
What to Expect

Introduction to the New Code

Explanation of key provisions of the Code
Explanation of major changes
 Existing Legislation New Legislation
 Factories Act, 1948
 Mines Act, 1951
 Dock Workers ( safety, Health and Welfare Act, 1986
 The Building and other Workers (Regulation of
Employment and Conditions of Service) Act, 1996


The Plantations Labour Act, 1951;
The Contract Labour (Regulation and Abolition)
Occupational
 Act,1970 Safety,
The Inter-State Migrant workmen (Regulation of
 Employment and Conditions of Service) Act, 1979; Health & Working
The Working Journalist and other News Paper
Employees
Condition Code

(Conditions of Service and Misc. Provision) Act, 1955; 2020
 The Working Journalist (Fixation of rates of wages) Act,
 1958;
 The Motor Transport Workers Act, 1961;
Sales Promotion Employees (Condition of Service) Act,
 1976;
The Beedi and Cigar Workers (Conditions of
Employment)
The Occupational Safety, Health and Working
Conditions Code’ 2020

1 An Act to consolidate and amend the laws regulating

the occupational safety, health and working conditions
of the persons employed in an establishment and for
matters connected therewith or incidental thereto.
Statement of objectives and reasons
• An outcome of the report of the second National Commission on Labour
(June, 2002), which had recommended that the existing set of Labour Laws
should be broadly amalgamated into the following groups, namely:-
a. industrial relations;
b. wages;
1 c. social security;
d. safety; and
e. welfare and working conditions
Salient Features of the Code:
(i.) To impart flexibility in adapting dynamic factor and technological changes, in the matters relating to
health, safety, welfare and working conditions of workers;

(ii.) To apply the provisions of the proposed Code for all establishments having ten or more workers, other
than the establishments relating to mines and docks;

1 (iii.) To expand –
(a) The ambit of the provisions relating to working conditions of cine and theatre workers
to include them in the digital audio-visual workers encompassing all forms of electronic
media;

(b) The scope of journalists to include them in electronic media such as in

e-paper establishment or in radio or in other media;
Salient Features of the Code:
(c) The scope of Inter-State migrant workers to include therein the workers
recruited or engaged by an employer directly, from one State to another
State for employment in his establishment ;

(d) The definition of “family” to include therein the dependent

grandparents in order to take care of them in old age;
1 (iv) To provide the concept of “ one registration “ for all establishments
having ten or more employees;

(v) To constitute “ The National Occupational Safety and health Advisory

Board” to give recommendations to the Central Government on policy
matters, relating to occupational safety, health and working conditions of
workers;
Salient Features of the Code:
(vi) To constitute “ the State Occupational Safety and Health Advisory
Board” at the State level to advice the State Government on such matters
arising out of the administration of the proposed Code;

(vii) To make a provision for the constitution of “safety Committee” by the

appropriate Government in any establishment or class of establishments;

1 (viii) To allow the women employees to work at night, that is , beyond 7

PM and before 6 AM subject to the conditions relating to safety, holiday,
working hours and their consent;

(ix) To make a provision of “Common License” for factory, contract labour

and beedi and cigar establishments and to introduce the concept of a
single all India license for five years for engaging the contract labour;

(x) To enable the courts to give a portion of monetary penalties up to fifty

per cent, to the worker who is a victim of accident or to the legal heirs of
such victim in the case of his death;
Salient features of the Code
(xi) To make a provision for adjudging the penalties imposed under the
code.
Key Provisions:
Definitions: (1) In this Code, unless the context otherwise requires-
(a) “adolescent” shall have the same meaning as assigned to it in clause
(i) of section 2 of the Child and Adolescent Labour (Prohibition and
2 Regulation ) Act, 1986 (16 of 1986);
(b) “adult” means a person who has completed his eighteenth year of
age;
(c) “agent” when used in relation to a mine, means every person, whether
appointed as such or not, who, acting or purporting to act on behalf of the
owner, takes part in the management, control, supervision or direction of
such mine or of any part thereof;
(d) “appropriate Government” means –
(i) in relation to, establishments [ other than those specified in sub-
clause] carried on by or under the authority of the Central Government or
concerning any such controlled industry as may be specified in this behalf
Key Provisions :
Contd…..
service or telecommunication service, banking company or any insurance
company (by whatever name called) established by a Central Act or a
corporation or other authority established by Central Act or Central public
sector undertaking or subsidiary companies set up by the Central public
sector undertakings or autonomous bodies owned or controlled by the
Central Government, including establishment of contractors for the
2 purposes of such establishment, corporation or other authority, Central
public sector undertakings, subsidiary companies or autonomous bodies,
as the case may be, the Central Government:
Provided that in the case of Central Public sector Undertakings the
appropriate Government shall continue to be the Central Government
even if the holding of the Central Government reduces to less then fifty
per cent. Equity of the Central Government in that Public Sector
Undertakings after the commencement of this Code; and
(ii) in relation to a factory, motor transport undertaking, plantation,
newspaper establishment and establishment relating to beedi and cigar
including the establishments not specified in clause (i), the concerned
Key Provisions :
(h) “building or other construction work” means the construction, alteration,
repairs, maintenance or demolition in relation to buildings, streets, roads,
railways, tramways, airfields, irrigation, drainage, embankment and navigation
works, flood control works (including storm water drainage works), generation,
transmission and distribution of power, water works (including channels for
distribution of water), oil and gas installations, electric lines, internet towers,
wireless, radio, television, telephone, telegraph and overseas communications,
2 dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqua-ducts,
pipelines towers, cooling towers, transmission towers and such other worker as
may be specified in this behalf by the Central Government, by notification, but
does not include building or other construction work which is related to any
factory or mine and the buildings or other construction work where such work is
for own residence and the total cost of such work does not exceed rupees fifty
lakhs or such higher amount and employing more than such number of workers
as may be notified by the appropriate Government;

(i)”building worker” means a person who is employed to do any highly skilled,

semi-skilled or unskilled, manual, technical or clerical work for hire or reward,
whether the terms of such employment are express or implied, in connection
Key Provisions :
(j) “cargo” includes anything carried or to be carried in a ship or other
vessel, or vehicle;

(k) “Chief Inspector-cum-facilitator” means a Chief Inspector-cum-

Facilitator appointed under sub-section (5) of section 34;

(l) “competent person” , means a person or an institution recognized as

2 such by the Chief Inspector-Cum-Facilitator for the purposes of carrying
out tests, examinations and inspections required to be done in an
establishment having regard to-
(i) The qualifications and experience of the person and facilities available
at his disposal; or
(ii) The qualifications and experience of the persons employed in such
institution and facilities available therein:
i. Provided that in case of mines the competent person includes such
other person who is authorized by the manager referred to in section 67
to supervise or perform any work, or to supervise the operation of
machinery, plant or equipment and is responsible for such duties
Key Provisions :
(m) “Contract labour ” means a worker who shall be deemed to be
employed in or in connection with the work of an establishment when he is
hired in or in connection with such work by or through a contractor, with
or without the knowledge of the principal employer and includes inter-
State migrant worker but does not include a worker ( other than part time
employee) who is regularly employed by the contractor for any activity of
2 his establishment and his employment is governed by mutually accepted
standards of the conditions of employment (including engagement on
permanent basis),
(n) “contractor”, in relation to an establishment, means a person, who-
(i) undertakes to produce a given result for the establishment, other than
a mere supply of goods or articles of manufacture to such establishment,
through contract labour; or
(ii) supplies contract labour for any work of the establishment as mere
human resource,

(o) “controlled industry” means any industry the control of which by the
Key Provisions :
(p) “ core activity of an establishment “ means any activity for which the
establishment is set up and includes any activity which is essential or
necessary to such activity:
Provided that the following shall not be considered as essential or
necessary activity, if the establishment is not set up for such activity,
namely:-
2 (i) Sanitation works, including sweeping, cleaning, dusting and collection
and disposal of all kinds of waste;
(ii) Watch and ward services including security services;
(iii) Canteen and catering services;
(iv) loading and unloading operations;
(v) running of hospitals, educational and training Institutions, guest
houses, clubs and like where they are in the nature of support services
of an establishment;
(vi) courier services which are in nature of support services of an
establishment;
(vii) gardening and maintenance of lawns and other like activities;
 Key Provisions :
(x) transport services including, ambulance services;
(xi) any activity of intermittent nature even if that constitutes a core activity of
an establishment;
(q) “day” means a period of twenty-four hours beginning at mid-night;
(r) “District Magistrate” , in relation to any mine, means the District
Magistrate or the Deputy Commissioner, as the case may be, who is vested
with the executive powers of maintaining law and order in the revenue district
2 in which the mine is situated:
Provided that in case of a mine, which is situated partly in one district and
partly in another, the District Magistrate for the purpose shall be the District
Magistrate authorized in this behalf by the Central Government;

(t) “employee” means,-

(i) in respect of an establishment, a person (other than an apprentice

engaged under the apprentices Act, a1961 (52 of 1961)) employed on wages
by an establishment to do any skilled, semi-skilled manual, operational,
supervisory, managerial, administrative, technical, clerical or any other work,
whether the terms of employment be express or implied; and
Key Provisions :
(ii) a person declared to be an employee by the appropriate Government, But
does not include any member of the Armed forces of the Union:
Provided that notwithstanding anything contained in this clause, in case of a
mine a person is said to be “employed”
In a mine who works as the manager or who works under appointment by the
owner, gent or manager of the mine or with knowledge of the manager,
whether for wages or not-
2 (a) in any mining operation (including the concomitant operations of handling
and transport of minerals up to the point of dispatch and of gathering sand
and transport thereof to the mine);
(b) in operations or services relating to the development of the mine including
construction of plant therein but excluding construction of buildings, roads,
well and any building work not directly connected with any existing or future
mining operations;
(c) in operating, servicing, maintaining or repairing any part of any machinery
used in or about the mine;
(d) in operations, within the premises of the mine, of loading for dispatch of
minerals;
Key Provisions :
(f) in any welfare, health, sanitary or conservancy services required to be
provided under this Code relating to mine, or watch and ward, within the
premises of the mine excluding residential area; or
(g) in any kind of work, whatsoever, which is preparatory or incidental to, or
connected with, mining operations;
(u) “employer” means a person who employs, whether directly or through any
person, or on his behalf, of any person, one or more employees in his
2 establishment and where the establishment is carried on by any Department
of the Central Government or the State Government, the authority specified,
by the head of such Department, 8in this behalf or where no authority, is so
specified, the head of the Department and in relation to an establishment
carried on by a local authority, the Chief Executive of that authority, and
includes,-
(i) in relation to an establishment which is a factory, the occupier of the
factory;
(ii) in relation to mine, the owner of the mine, agent or manager referred to in
section 67;
(iii) in relation to any other establishment, the person who, or the authority
which has ultimate control over the affairs of the establishment and where said
Key Provisions :
(v) legal representative of a deceased employer;

(v) “Establishment” means-

(i) A place where any industry, trade, business, manufacturing or occupation

is carried on in which ten or more workers are employed; or
(ii) Motor transport undertaking, newspaper establishment, audio-video
2 production, building and other construction work or plantation, in which ten or
more workers are employed; or
(iii) Factory, for the purpose of Chapter II, in which ten or more workers are
employed, notwithstanding the threshold of workers provided in clause; or
(iv) a mine or part or vicinity of port where dock work is carried out:
Provided that in sub-clauses (i) and (ii) the threshold of worker
specified therein shall not be applicable in case of such establishment or class
of establishment, in which such hazardous or life threatening activity is being
carried on. As may be notified by the Central Government:
Key Provisions :
Provided Further that notwithstanding any threshold provided in the definition
of factory in clause, for the purposes of Chapter II, the establishment specified
in sub-clause (i) or sub-clause (ii) or sub-clause (iii) shall be deemed to be the
establishment within the meaning of this clause though the number of
employees are ten or more;

(W) “Factory ” means any premises including the precincts thereof –

2 (i) whereon twenty or more workers are working, or were working on any day
of the preceding twelve months, and in any part of which a manufacturing
process is being carried on with the aid of power, or is ordinarily so carried on;
or
(ii) whereon forty or more workers are working, or were working on any day of
the preceding twelve months, and in any part of which a manufacturing
process is being carried on without the aid of power, or is ordinarily so carried
on,
But does not include a mobile unit belonging to the armed forces of the Union,
railways running shed or a hotel, restaurant or eating place:
Key Provisions :
Provided that where under any law for the time being in force in State
immediately before the commencement of this code, the number of workers
specified is more or less than the number specified in clause (i) or clause (ii),
then, the number specified under the law of the State shall prevail in that
State till it is amended by the competent Legislature.

Explanation I. – For computing the number of workers for the purpose of this
2 clause all the workers ( in different groups and relays) in a day shall be taken
into account.

Explanation II. – For the purpose of this clause, the mere fact that an Electronic
Data Processing Unit or a computer Unit is installed in any premises or part
thereof, shall not be construed as factory if no manufacturing process is being
carried on in such premises or part thereof;

(x) “family”, when used in relation to a worker, means-

(i) spouse;
Key Provisions :
(ii) children including adopted children of the worker who are dependent upon
him and have not completed the age of eighteen years; and
(iii) Parents, grand-parents, widowed daughter and widowed sister dependents
shall not be included who are, for the time being, getting such income from
such sources, as may be prescribed by the appropriate Government;

(y) “go down” means any warehouse or other place, by whatever name called,
2 used for the storage of any article or substance required for any
manufacturing process which means any process for, or incidental to, making
finishing or packing or otherwise treating any article or substance with a view
to its use, sale, transport, delivery or disposal as finished products;

(z) “hazardous” means involving danger or potential danger;

(za) “hazardous process” means any process or activity in relation to an
industry or plantation specified in the First Schedule where, unless special care
is taken, raw materials used therein or the intermediate or finished products,
bye-products, hazardous substances, wastes or effluents thereof or spraying
of any pesticides, insecticides or chemicals used therein, as the case may be,
would-
Key Provisions :
(i) cause material impairment to the health of the persons engaged in or
connected therewith, or
(ii) result in the pollution of the general environment;

(zb) “hazardous substance” means any substance or such quantity of the

substance as may be prescribed by the appropriate Government or
preparation of which by reason of its chemical or physio-chemical properties or
2 handling is liable to cause physical or health hazards to human being or may
cause harm to other living creatures, plants, micro-organisms, property or the
environment;

(zc) “Industrial premises” means any place or premises (not being a private
dwelling house), including the precincts thereof, in which or in any part of
which any industry, trade, business, occupation or manufacturing is being
ordinary carried on with or without the aid of power and includes a go down
attached thereto;

(zd) “Industry” means any systematic activity carried on by co-operation

between an employer and worker whether such worker is employed by such
Key Provisions :
(i) Any capital has been invested for the purpose of carrying on such
activity; or
(ii) such activity is carried on with a motive to make any gain or profit,
but does not include –
(a) Institutions owned or managed by organizations wholly or
substantially engaged in any
2 charitable, social or philanthropic services; or
(b) Any activity of the appropriate Government relatable to the
sovereign function of the appropriate Government including all the
activities carried on by the Department of the Central Government
dealing with defense research, atomic energy and space; or
(c) any domestic service; or
(d) any other activity as may be notified by the Central Government;
(zi) “manufacturing process” means any process for-
(i) making, altering, repairing ornamenting, finishing, packing, oiling,
washing, cleaning, breaking up, demolishing, or otherwise treating or
adapting any article or substance with
Key Provisions :
Cont……
a view to its use, sale transport, delivery or disposal; or
(ii)pumping oil, water, sewage or any other substance; or
(iii)generating, transforming or transmitting power; or
(iv) composing, printing, printing by letter press, lithography, offset,
photogravure screen printing,
three Dimensional printing, prototyping , flexography or other types of printing
2 process or book binding; or
(v) constructing, reconstructing repairing, refitting, finishing or breaking up
ships or vessels; or
(vi) preserving or storing any article in cold storage; or
(vii) such other processes as the Central Government may notify;

(zl) “mine” means any excavation where any operation for the purpose of
searching for or obtaining
minerals has been or is being carried on and include-
(i) all borings, bore holes, oil wells and accessory crude conditioning plants,
including the pipe conveying mineral oil within the oilfields;
Key Provisions :
(ii) all shafts, in or adjacent to and belonging to a mine, whether in the course
of being sunk or not;
(iii) all levels and include planes in the course of being driven;
(iv) all open cast working;
(v) all conveyors or aerial ropeways provided for bringing into or removal from
a mine of minerals or other articles or for the removal of refuse there from;
2 (vi) all edits, levels, planes, machinery., works, railways, tramways and siding
in or adjacent to and belonging to a mine;
(vii) all protective workshops and stores situated within the precincts of a mine
and under the same management and used primarily for the mine or a number
of mines under the same management;
(ix) all power stations, transformer sub-section, converter stations, rectifier
stations and accumulator storage stations for supplying electricity solely or
mainly for the purpose of working the mine or number of mines under the
same management;
(x) any premises for the time being used for depositing sand or other material
for user in a mine or for depositing refuse from a mine or in which any
operations in connection with such refuse or other material is being carried on,
Key Provisions :
(xi) Any premises in or adjacent to and belonging to a mine on which any
process ancillary to the getting, dressing or preparation for sale of minerals or
coke is being carried on;
(xii) A mine owned by the Government;

(zs) “Occupier” of a factory means the person who has ultimate control over
the affairs of the factory;
2 Provided that-

(i) In the case of a firm or other association of individuals, any one of the
individual partners or member thereof;
(ii) In the case of a company, any one of the directors, except any independent
director within the meaning of sub-section (6) of section 149 of the Companies
Act, 2013 (18 of 2013);
(iii) In the case of a factory owned or controlled by the Central Government or
any State Government, or any local authority, the person or persons appointed to
manage the affairs of the factory by the Central Government, the State
Government or the local authority or such other authority as may be prescribed
by the Central Government, shall be deemed to be the occupier:
Key Provisions :
(zv) “ordinarily employed” with reference to any establishment or part thereof,
means te average number of persons employed per day in the establishment or
part thereof during the preceding calendar year obtained by dividing the number
of man days worked by the number of working days excluding rest days and
other non-working days;
(zw) “owner” in relation to a mine, means any person who is the immediate
proprietor or lessee or occupier of the mine or of any part thereof and in case of
2 a mine the business whereof is being carried on by a liquidator or receiver, such
liquidator or receiver; but does not include a person who merely receives a
royalty , rent or fine from the mine, or is merely the proprietor of the mine,
subject to any lease grant or license for the working thereof, or is merely the
owner of the soil and not interested in the minerals of the mine; but any
contractor or sub-lessee for the working of a mine or any part thereof shall be
subject to this Code in like manner as if he were an owner but not so as to
exempt the former from any liability;

(zx) “plantation” means-

(a) any land used or intended to be used for –
(i) Growing tea, coffee, rubber, cinchona or cardamom which admeasures five
Key Provisions :
(ii) Growing any other plant, which admeasures five hectares or more and in
which persons are employed or were employed on any of the Central
Government, the State Government, by notification, so directs.
Explanation – Where any piece of land used for growing any plant referred to
in this sub-clause admeasures less than five hectares and is contiguous to any
other piece of land being so used, but capable of being so used, and both such
pieces of land are under the management of the same employer, then, for the
2 purposes of this sub-clause, the former piece of land shall be deemed to be a
plantation, if the total area of both such pieces of land admeasures five hectares
or more; and

(b) any land which the State Government may be notification, declare and
which is used or intended to be used for growing any plant referred to in sub-
clause (a) notwithstanding that it admeasures less than five hectares:

Provided that no such declaration shall be made in respect of such land which
admeasures less than five hectares immediately before the commencement of
this Code: and
Key Provisions :
(c) offices, hospitals, dispensaries, schools and other premises used for any
purpose connected with any plantation within the meaning of sub-clause (a) and
sub-clause (b) but does not include factory on the premises;

(zz) “Principal employer”, where the contract labour is employed or engaged,

means-

2 (i) In relation to any office or Department of the Government or a local authority

, the head of that office or Department or such other officer as the Government
or the local authority, may specify in this behalf;
(ii) In a factory, the owner or occupier of the factory and where a person has
been named as the manager of the factory, the person so named;
(iii) In a mine, the owner or agent of the mine;
(iv) In relation to any other establishment, any person responsible for the
supervision and control of the establishment;
Key Provisions :
(zzj) “wages” means all remuneration whether by way of salaries, allowances or
otherwise, expressed in terms of money or capable of being so expressed which
would, if the terms or money or capable of benign so expressed which would, if
the terms of employment, express or implies, were fulfilled, be payable to a
person employed in respect of his employment or of work done in such
employment, and includes ,-
(i) basic pay;
2 (ii) dearness allowance; and
(iii) retaining allowance, if any,
But does not include-
(a) any bonus payable under any law for the time being in force, which does
not form part of the remuneration payable under the terms of employment;
(b) the value of any house-accommodation, or the supply of light, water,
medical attendance or other amenity or of any service excluded from the
computation of wages by a general or special order of the appropriate
Government;
(c) any contribution paid by the employer to any pension or provident fund,
and the interest which may have accrued thereon;
Key Provisions :
(d) any conveyance allowance or the value of any travelling concession;
(e) any sum paid to the employed person to defray special expenses entailed
on him the nature of his employment;
(f) house rent allowance;
(g) remuneration payable under any award pr settlement between the parties
or order of a Court or Tribunal;
(h) any overtime allowance;
2 (i) any commission payable to the employee;
(j) any gratuity payable on the termination of employment;
(k) any retrenchment compensation or other retirement benefit payable to the
employee or any ex gratia payment made to him on the termination of
employment;
Provided that, for calculating the wages under this clause, if payments made
by the employer to the employee under sub-clauses (a) to (i) exceeds one-half ,
or such other per cent. As may be notified by the Central Government, of the all
remuneration calculated under this clause, the amount which exceeds such one-
half, or the per cent. So notified, shall be deemed as remuneration and shall be
accordingly added in wages under this clauses;
Key Provisions :
Explanation – Where an employee is given in lieu of the whole or part of the
purpose of payment of wages, the emoluments specified in sub-clauses (d),(f),(g)
and (h) shall be taken for computation of wages.

(zzl) “worker” means any person employed in any establishment 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 , and
2 includes working journalists and sales promotion employees, but include any
such person-
(i) who is subject to the Air Force Act, 1950 (45 of 1950) , or the Army Act,
1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957 );
(ii) who is employed in the police service or as an officer or other employee of
a prison ;
(iii) who is employed mainly in a managerial or administrative capacity;
(iv) who is employed in a supervisory capacity drawing wage exceeding
eighteen thousand rupees per month or an amount as may be notified by the
Central Government from time to time;
Key Provisions :
(6)Duties of employer – (1) Every employer shall-
(a) ensure that workplace is free from hazards which cause or are likely to cause
injury or occupational disease to the employer;
(b) comply with the occupational safety and health standards declared under
section 18 or the rules, regulations, bye-laws or orders made under this Code;
(c) provide such annual health examination or test free of costs to such
employees of establishments or such class of establishment, as may be
2 prescribed by the appropriate Government;
(d) provide and maintain, as far as is reasonably practicable, a working risk to
the health of the employees;
(e) ensure the disposal of hazardous and toxic waste including disposal of e-
waste;
(f) issue a letter of appointment to every employee, in such form as may be
prescribed by the appropriate Government and where an employee has not been
issued such appointment letter on or before the commencement of this Code, he
shall, within three months of such commencement, be issued such appointment
letter;
(g) ensure that no charge is levied on any employee, in respect of anything
done or provided for maintenance of safety and health at workplace including
Key Provisions :
(h) relating to factory, mine dock work, building or other construction work or
plantation, ensure and be responsible for the safety and health of employees,
workers and other persons who are on the work premises of the employer, with
or without his knowledge, as the case may be.

(2) without prejudice to the generality of the provisions of sub-section

(1) the duties of an employer shall particularly in respect of factory, mines,
2 dock, building or other construction work or plantation include-
(a) the provision and maintenance of plant and systems of work in the
workplace that are safe and without risk to health;
(b) the arrangements in the workplace for ensuring safety and absence of risk
to health in connection with the use, handling, storage and transport of articles
and substances;
(c) the provision of such information, instruction, training and supervision as
are necessary to ensure the health and safety of all employees at work;
(d) the maintenance of all places of work in the workplace in a condition that
is safe and without risk to health and the provision and maintenance of such
means of access to, and egress from, such place as are safe and without such
risk;
Key Provisions :
(7) Duties and responsibilities of owner, agent and manager in relation to mine
–

(1) The owner and agent of every mine shall jointly and severally be responsible
for making financial and other provisions and for taking such other steps as may
be necessary for compliance with the provisions of this Code and the rules,
regulations, bye-laws and order made there under, relating to mine.
2 (2) in the event of any contravention by any person whosoever of any of the
provisions of this Code or of the rules, regulations, bye-laws or orders made there
under, relating to mine, except those which specifically require any person to do
any act or thing or prohibit any person from doing an act or thing, besides the
person ho contravenes, then each of the following persons shall also be deemed
to be guilty of such contravention unless he proves that he had used due
diligence to secure compliance with the provisions and had taken reasonable
means to prevent such contravention, namely:-
(a) the official or officials appointed to perform duties of supervision in respect
of the provisions contravened;
(b) the owner of the mine
(c) the owner and agent of the mine
Key Provisions :
(3) It shall not be a defense in any proceedings brought against the owner or
agent of a mine under this section that the manager and other officials have
been appointed in accordance with the provisions of this code or that a person to
carry the responsibility under section 24 has been appointed.

(10) Notice of certain accident.- (1) Where at any place in an establishment, an

accident occurs which causes death, or which causes any bodily injury by reason
2 of which the person injured is prevented from working for a period of forty-eight
hours or more immediately following the accident or which is of such nature as
may be prescribed by the appropriate Government, then,-

(a) employer or owner or agent or manager referred to in section 67 of such

establishment if it is mine; or
(b) Employer or manager in relation to such establishment if it is factory or
relates to dock work; or
(c) The employer of a plantation or an establishment relating to building or other
construction or any other establishment,
Shall send notice thereof to such authorities, I such manner and within such time,
as may be prescribed by the appropriate Government.
Key Provisions :
(2) Where a notice given under sub-section (1) relates to an accident causing
death in a plantation or an establishment relating to building or other
construction work or any other establishment , the authority to whom the notice
is sent shall make an inquiry into the occurrence to whom months of the receipt
of the or if there is no such authority, the Chief Inspector-cum-Facilitator shall
cause the Inspector-cum-Facilitator to make an inquiry with in the said period.

2 11. Notice of certain dangerous occurrences.-

Where in an establishment there is any dangerous occurrence of such nature,
(whether causing any bodily injury or disability, or not) the employer shall send
notice thereof to such authorities, and I such form and within such time, as any
may be prescribed by the appropriate Government.

24. Welfare facilities in the establishment, etc.-

(1)The employer shall be responsible to provide and maintain in his
establishment such welfare facilities for the employees as may be prescribed by
the Central Government, including,-
(i) Adequate and suitable facilities for washing to male and female employees
separately;
Key Provisions :
(iv)Ting arrangements for all employees obliged to work in a standing position;
(v) Facilities of canteen in an establishment for employees thereof. Wherein one
hundred or more workers including contract laborers are ordinarily employed.
(vi) In case of mines, medical examination of the employees employed or to be
employed in the mines, before their employment and at specific intervals;
(vii) Adequate first-aid boxes or cupboards with contents readily accessible
during all working hours; and
2 (viii) any other welfare measures which the Central Government considers, under
the set of circumstances, as required for decent standard of life of the
employees.

(25) Daily and weekly working hours, leave etc.-

(1) No worker shall be required or allowed to work, in any establishment or class
of establishment for more than-
(a) eight hours in a day; and
(b) the period of work in each day under clause (a) shall be so fixed , as not to
exceed such hours, with such intervals and spread overs, as may be notified by
the appropriate Government:
Provided that subject to clause (a) in the case of mines,-
Key Provisions :
(i) the persons employed below ground in a mine shall not be allowed to work for
more than such hours as may be notified by the Central Government in any day;
(ii)no work shall be carried on below ground in ay mine except by a system of
shifts so arranged that the period of work for each shift is not spread over more
than the daily maximum hours as notified under clause (i);
(iii) No person employed in a mine shall be allowed to be present in any part of a
mine below ground except during the periods of work shown in respect of him in
2 the register maintained under clause (a) of section 33:
Provided further that subject to clause (a) that the hours of work in cse of motor
transport worker shall include-
(i) The time spent in work during the running time of the transport vehicle;
(ii) the time spent in subsidiary work; and
(iii) Period of mere attendance at terminals of less than fifteen minutes.
Key Provisions :
33. Maintenance of registers, records and filing of returns.- An employer of an
establishment shall-
(a)Maintain register in prescribed form, electronically or otherwise, containing
such particulars of workers as may be prescribed by the appropriate Government
including,-
(i)work performed by them;
(ii) number of hours of work constituting normal working hours in a day;
2 (iii) Day of rest allowed in every period of seven days;
(vi) leave, leave wages, overtime work, attendance and dangerous occurrences;
and
(vi) Employment of adolescent;
(b) display notices at the work place of the workers in such manner and form as
may be prescribed by the appropriate Government ;
(d) File such return electronically or otherwise to the Inspector-cum-Facilitator in
such manner and during such periods as may be prescribed by the appropriate
Government.
Key Provisions :
43. Employment of women – Women shall be entitled to be employed in all
establishment foe all types of work under this Code and they may also be
employed, with their consent before 6 am. And beyond 7pm. Subject to such
condition to be observed by the employer as may be prescribed by the
appropriate Government.

44. Adequate safety of employment of women in dangerous operation.-

2 Where the appropriate Government consider that the employment of women is
dangerous for their health and safety, in an establishment or class of
establishment or in any particular hazardous or dangerous processes in such
establishment or class of establishment, due to the operation carried out
therein to provide adequate safeguards prior to the employment of women for
such operation.

67. Managers - (1) save as may be otherwise prescribed, every mine shall be
under a sole manger who shall be under a sole manager who shall have such
qualifications as may be prescribed by the Central Government and the owner
or agent of every mine shall appoint a person having such qualifications to be
the manager:
Key Provisions :
Provided that the owner or agent may appoint himself as manager if he
possesses the prescribed qualifications.

(2) Subject to any instructions given to him by or on behalf of the owner or

agent of the mine, the manager shall be responsible for the overall
management, control, supervision and direction of the mine and all such
instruction when given by the owner or agent shall be confirmed in writing
2 forthwith.
(3) Except in case of an emergency, the owner or agent of a mine or anyone on
his behalf shall not give, otherwise than through the manager, instructions
affecting the fulfilment of his statutory duties, to a person, employed in a
mine, who is responsible to the manager.

Part VI. Building or other Construction Workers.

7. Prohibition of employment of certain persons in certain building or other
construction work – No person, about whom the employer knows or has
reasons to believe that he is a deaf or he has a defective vision or he has a
tendency to giddiness, shall be required or allowed to work in any such
operation of building or other construction work which is likely to involve a risk
Key Provisions :
Part VII
79. Approval and licensing of factories – (1) The appropriate Government may
make rules in respect of factory or class or description of factories for –
(a) The submission of plans including specifications, nature and certification
thereof;
(b) The previous permission for the site on which the factory is to be situated and
for the constlause (b)ruction or extension thereof; and
2 © Subject to the provision of section 119, licensing and renewal thereof including
fees to be payable for such, licensing and renewal, if required, as the case
may be.
(2) If on an application for permission referred to in clause (b) of sub section (1)
accompanied by the plans and specifications required by the rules made
under clause (a) of that sub – section , sent to the state government or Chief
Inspector – cum- facilitator in the electronic mode, no order is communicated
to the applicant within such period not exceeding thirty days, the permission
applied for in the said application shall be deemed to have been granted.
(3) Where a state government or a Chief Inspector – cum – Facilitator refuses to
grant permission to the site, construction or extension of a factory and
licensing of a factory, the applicant may within thirty days of the date of such
 Key
Changes
 The appropriate
central
government for the factory governed by the central government will be

government, including establishment of contractors for the purposes of such

establishment. In
 other cases
The code thealso
has concerned
coveredState
AudioGovernment where include
visual production' it is situated.
feature films, non-feature
films,
television, web-base serials, talk shows, reality shows etc and under the new definition of
Audio

3 Visual- Worker” singer, news reader, dancer, stunt person, technical, artist and work like
supervisory etc has been covered subject to some wages ceiling to be notified by the
central
 The definition of Contract Labour has been modified and includes inter-State migrant
government.
worker
but excludes part time employee, regularly employed n mutually accepted standards of
the
 conditions of employment
The new definition of Coreand entitled
Activity to Social
provides thatSecurity
activity benefits.
for which establishment is set-up
and
other activity like housekeeping, Security, canteen etc not to be treated as core activity.
 Principal employer to provide welfare facilities, where the contract labour is
deployed.
 Principal employer shall be liable to make payment of wages to the contract labour
 Key
Changes
 Code provides single registration for an establishment instead of multiple registrations. This
will
design a centralized database and develop an ease of doing business.
 Appointment letter made
Statutory.
 Working Hours For Women: As per this new proviso female workers/women can work during
night shifts with their consent. Also, the time slot for such night shift shall be from 7 p.m. and
before 6 a.m., which shall also be approved by the central or state govt.

3  Rights and duties of employees and employers: Rights and duties laid down in the Code for
employees too, employees shall take care of their own health, shall comply with specified
safety and
health measures, shall report unsafe situations to the inspector.
 Offences and Penalties: Under the Code, an offence which leads to the death of an employee
will be
punishable with imprisonment of up to two years, or a fine up to five lakh rupee or, both.
Further, the
court (Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator or an officer of the
appropriate
Government or a person authorised to discharge any duty or to exercise any powers under
this Code)
has been granted a discretionary power wherein, it may direct that at least 50% of such fine
 Key
Changes
 The work hours for different classes of establishment and employees shall be as per
the rules
prescribed by central or state government. Further, in relation to overtime work, an
employee
shall be paid twice the rate of daily wages. The code in regard to leaves states that no
employee
 shall work for
Definition of “more than 6 has
Employee” daysbeen
a week, however,and
incorporated an exception has been
includes person provided
doing any for
motor
skilled, semi-

3 transport workers. manual, operational, supervisory, managerial, administrative,

skilled or unskilled,
technical or
 clerical workdefinition
As per new for hire orofreward.
“Employer” a person who employs, whether directly or through
any
person or on his behalf, or on behalf of any person, one or more employees in his
establishment.
and would be
 Head of the department
 Occupier of the factory
 Manager of the factory under clause (f) of sub-section (1) of sec 7 of the Factories Act.
 Owner of the mine, agent or manager.
 The person who, or the authority which has ultimate control over the affairs of the
 Key
Changes
 The definition of the “Factory” has been revised under section 2 (w) and threshold
limit of
employees is now 20 in case of use of power and 40 in case without power (Earlier,
10 and 20 respectively) and specifically excludes, hotels, restaurant, eating place,
Electronic Data Processing Unit or a Computer Unit etc.
 The definition of "hazardous substance" provides any substance, has potential to
cause

3 physical or health hazards to human being, other living creatures etc

 A new definition “Industrial premises” provides a premises in which any industry,
trade,
business etc is being carried on with or without the aid of power includes a godown.
 Definition of “Inter State Migrant worker” has been modified and ceiling limit of Rs
18000/-
has been introduced.
 Definition of "machinery" has been inserted includes any article or combination of
articles
assembled, used or intended to be used for converting any form of energy to
perform work.
 Definition of "manufacturing process" has been taken from Factory Act and
provides such
 Key
Changes
 Definition of “metro railways” has been added and Metro railways has been treated as
railways.
 Definition of “newspaper establishment” has been drastically changed and has covered
all type of
establishment carried on by individual, partners, created firm, body corporate subsidiaries
of a
 common
Definitionholding
of the company etc.
“Occupier” has been amended and instead of clause a, b and c in second
proviso,

3 a consolidated definition has been given.

 Definition of the “principal employer” has been modified to the extent that the manager
has been
excluded from the definition of the principal employer.
 Definition of the “producer” has been added means a person who is making
arrangement for
necessary of production is also included.
 Definition of “Sales Promotion Employees” has been revised including a persons in
supervisory
capacity, managerial, administrative capacity getting salary up to Rs 18000/- per month or
as may
be notified by the Central Government from time to time.
By: Amulya Priyadarshi
DGM (HRD)
BSP