Labour Laws--OSHWA Code, 2020
A Walk Through Occupational Safety, Health and Working Conditions Code, 2020
CA. Jyoti Jain
The present write up take readers through a new labour code introduced by the Government of India Occupational Safety, Health and Working Conditions Code, 2020 on 28-9-2020.
The labour laws of the country have been replaced by new labour laws known as labour codes passed by the Parliament. The Occupational Safety, Health and Working Conditions Code, 2020 (hereinafter referred to as Code) was passed by Lok Sabha on 22-9-2020 and Rajya Sabha on 23-9-2020. The President of India had approved the Code on 28-9-2020 along with two other labour codes namely, The Code on Social Security, 2020, and The Industrial Relations Code. The effective date of these codes is yet to be notified by the Government through notification.
The Code after its enactment will subsume undermentioned existing labour laws :--
1. The Factories Act, 1948
2. The Contract Labour (Regulation and Abolition) Act, 1970
3. The Mines Act, 1952
4. The Dock Workers (Safety, Health and Welfare) Act, 1986
5. The Building & Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1979
6. The Plantations Labour Act, 1951
7. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
8. The Working Journalist and other Newspaper Employees (Conditions of Service and Miscellaneous Provisions) Act, 1955
9. The Working Journalist (Fixation of rates of wages) Act, 1961
10. The Cine Workers and Cinema Theatre Workers Act, 1961
11. The Motor Transport Workers Act, 1961
12. The Sales Promotion Employees (Conditions of Service) Act, 1976
13. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
The Code shall apply to all establishments having 10 or more workers, be it any industry, business, manufacture or occupation is carried on and includes establishment of service sector. However, in case of mines and dock, the Code shall be applicable even if there is a single worker.
2. Key definitions