Explanation of Four LABOUR CODES effective in INDIA through Amnedments

1. LATEST AMENDMENTS IN
LABOUR LAWS, 2020
MR. C.V. LIMBACHIYA
3rd Addl. Civil Judge & JMFC, Anand
ORGANIZED BY PARUL UNIVERSITY &
DISTRICT LEGAL SERVICE AUTHORITY, ANAND

2. AMENDMENTS IN LABOUR LAWS
Following Four codes have been drafted to
consolidate 29 central laws.
• Industrial Relations Code, 2020
• The Code On Social Security, 2020
• The Occupational Safety, Health and Working
Conditions Code, 2020
• The code on wages, 2019

3. AMENDMENTS IN LABOUR LAWS
• Above four codes are formulated according to the
Report and Recommendations of the
Second National Commission on Labour.
• The code on wages has already been enacted, but
yet to be implemented. The remaining three
codes approved by Parliament will now go to the
President for his assent.
• The Lok Sabha passed the bills on 22 September
2020 and The Rajya Sabha passed them on 23
September 2020.

4. Industrial Relations Code, 2020

5. Industrial Relations Code, 2020
Proposed for amalgamating, simplifying &
rationalizing relevant provisions three Acts.
• Trade Unions Act, 1926
• Industrial Employment (Standing Orders) Act,
1946
• Industrial Disputes Act, 1947

6. Industrial Relations Code, 2020
• Consolidates and amends the laws relating
to Trade Unions [ Trade Unions Act, 1926 ]
• Conditions of employment in industrial
establishment or undertaking [Industrial
Employment (Standing Orders) Act, 1946]
• Investigation and settlement of industrial
disputes. [Industrial Disputes Act, 1947]

7. Industrial Relations Code, 2020
Code states that the provision for standing
order will be applicable for
“every industrial establishment wherein three
hundred or more than three hundred workers,
are employed, or were employed on any day
of the preceding twelve months”.

8. Industrial Relations Code, 2020
• An increase in the threshold for requirement of a
standing order — rules of conduct for workmen
employed in industrial establishments — to over
300 workers from 100.
• This implies industrial establishments with up to
300 workers will not be required to furnish a
standing order.
• 16 states had already increased the threshold for
closure, lay off and retrenchment in firms with up
to 300 workers without government permission.

9. Industrial Relations Code, 2020
• Code also introduces new conditions for
carrying out a legal strike.
• The time period for arbitration proceedings
has been included in the conditions for
workers before going on a legal strike as
against only the time for conciliation at
present.

10. Industrial Relations Code, 2020
• A worker cannot go on strike without providing, at
least, a 60-day notice, and not while proceedings
before a Tribunal or a National Industrial Tribunal are
taking place.
• After the conclusion of these proceedings, workers are
disallowed from going on strike for a period of 60 days.
• The code has been expanded to cover all industrial
establishments. Code has expanded to cover all
industrial establishments for the required notice period
and other conditions for a legal strike.

11. Industrial Relations Code, 2020
• At present, a person employed in a public
utility service (like water, electricity, natural
gas, telephone and other essential services)
cannot go on strike unless he gives notice for a
strike within six weeks before going on strike
or within fourteen days of giving such notice.
• But now the IR Code is applicable to all the
industrial establishments.

12. Industrial Relations Code, 2020
• framework to protect the rights of workers to
form unions,
• to minimize the friction between the
employers and workers
• to provide provisions for investigation and
settlement of industrial disputes.

13. Industrial Relations Code, 2020
• the definition of 'strike' amended to 'mass
casual leave'.
• If over 50 per cent of a company's workers
take concerted casual leave, it will be treated
as a strike.
• However, workers cannot go on strike without
a 60 days notice.

14. Occupational Safety, Health and
Working Conditions Code, 2020

15. Occupational Safety, Health and
Working Conditions Code, 2020
• Consolidate and amend the laws regulating
the Occupational safety and
health and working conditions of the persons
employed in an establishment.
• The Act replaces 13 old central labour laws.

16. Occupational Safety, Health and
Working Conditions Code, 2020
• The Factories Act, 1948,
• The Plantations Labour Act, 1951,
• The Mines Act, 1952,
• The Working Journalists and other Newspaper Employees
(Conditions of Service and Miscellaneous Provisions) Act,
1955,
• The Working Journalists (Fixation of Rates of Wages) Act,
1958,
• The Motor Transport Workers Act, 1961,
• The Beedi and Cigar Workers (Conditions of Employment) Act,
1966,

17. Occupational Safety, Health and
Working Conditions Code, 2020
• The Contract Labour (Regulation and Abolition) Act, 1970,
• The Sales Promotion Employees (Condition of Service) Act,
1976,
• The Inter-State Migrant workmen (Regulation of Employment
and Conditions of Service) Act, 1979,
• The Cine Workers and Cinema Theatre Workers Act, 1981,
• The Dock Workers (Safety, Health and Welfare) Act, 1986
• The Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996.

18. Occupational Safety, Health and
Working Conditions Code, 2020
• The code defines ‘a migrant worker’ as
someone who has come from his/her own
state to seek employment in another state,
and who earns up to Rs 18,000 per month.
• Above definition is an expansion of the
current definition, adding those workers who
are directly employed to those contractually
employed.

19. Occupational Safety, Health and
Working Conditions Code, 2020
• REGISTRATION
• DUTIES OF EMPLOYER AND EMPLOYEES, ETC ARE
FIXED
• OCCUPATIONAL SAFETY, HEALTH, WORKING
CONDITIONS, HOURS OF WORK AND ANNUAL
LEAVE WITH WAGES ARE DEFINED
• SPECIAL PROVISION RELATING TO EMPLOYMENT
OF WOMEN ARE ENACTED
• SPECIAL PROVISIONS FOR CONTRACT LABOUR
AND INTER-STATE MIGRANT WORKER, ETC. ARE
INTRODUCED

20. Occupational Safety, Health and
Working Conditions Code, 2020
• Prohibition of employment of contract labour
is given
• Prohibition of employment of audio-visual
worker without agreement
• Employment of persons below eighteen years
of age in mines are provided

21. Occupational Safety, Health and
Working Conditions Code, 2020
• Earlier provision for temporary accommodation
for workers at or near their worksites is replaced
with a journey allowance to be paid by the
employer that enables a worker to travel
between his native place and the site of
employment.
• Women employees will be permitted to work at
night, subject to certain conditions that relate to
safety, holidays, working hours, and their
consent.

22. The Code On Social Security, 2020

23. The Code On Social Security, 2020
code to amend and consolidate the laws
relating to social security with the goal to
extend social security to all employees and
workers either in
• the organised or
• unorganised or
• any other sectors.

24. The Code On Social Security, 2020
• The Employees’ Compensation Act, 1923,
• The Employees’ State Insurance Act, 1948
• The Employees’ Provident Funds and Miscellaneous
Provisions Act, 1952
• The Employment Exchanges (Compulsory Notification of
Vacancies) Act, 1959
• The Maternity Benefit Act, 1961
• The Payment of Gratuity Act, 1972
• The Cine Workers Welfare Fund Act, 1981
• The Building and Other Construction Workers Welfare Cess
Act, 1996
• Unorganised Workers' Social Security Act 2008.

25. The Code On Social Security, 2020
CHAPTER III
EMPLOYEES PROVIDENT FUND
Appeal to Tribunal
• determination and assessment of dues
• order of the appellate authority
• determination of escaped amount
• levy of damages

26. The Code On Social Security, 2020
CHAPTER IV
EMPLOYEES STATE INSURANCE CORPORATION
• Constitution of Employees' Insurance Court.
• Matters to be decided by EI Court.
• Powers of EI Court .
• Proceedings of EI Courts.
• Appeal to High Court within a period of sixty
days from the date of the order

27. The Code On Social Security, 2020
CHAPTER V
GRATUITY
• Payment of gratuity after rendering
continuous service for not less than 5 years
• Continuous service Defined.
• Facility of Nomination.
• Determination of amount of gratuity provided.
• Provision Compulsory insurance.
• Establishment of Competent Authority.

28. The Code On Social Security, 2020
CHAPTER VI
MATERNITY BENEFIT
• Employment of, or work by, women prohibited
during certain period.
• Right to payment of maternity benefit.
• Fixing Duties of employer.
• Power of Inspector-cum-Facilitator to direct
payments to be made.

29. The Code On Social Security, 2020
EMPLOYEE'S COMPENSATION
• Compulsory Reporting to the competent
authority within seven days of the death or
serious bodily injury
• Employer's liability for compensation is fixed.
• Method of calculating monthly wages for
purposes of compensation is provided.
• Periodic Review of a change in the condition
of the employee for purpose of continued,
increased, decreased payment

30. The Code On Social Security, 2020
EMPLOYEE'S COMPENSATION
• Notice and claim within two years of the
occurrence of the accident or, in case of death,
within two years from the date of death
• Special provisions relating to accidents occurring
outside Indian territory
(a) masters of ships or seamen; or
(b) captain and other members of crew of
aircraft;
(c) persons recruited by companies registered in
India and working as such abroad;

31. The Code On Social Security, 2020
EMPLOYEE'S COMPENSATION
• Remedies of employer against stranger.
• Insolvency of employer.
• Power to require from employers statements
regarding fatal accidents.
• Registration of agreements.
• Reference to competent authority.

32. The Code On Social Security, 2020
EMPLOYEE'S COMPENSATION
• Form of application for claim or settlement.
• Provision for Power of competent authority to
require further deposit in cases of fatal accident.
• Powers and procedure of competent authority is
Defined.
• Procedure for Appearance of parties, Method of
recording evidence, Power to submit cases provided.
• No appeal without certificate from competent
authority stating deposit of payable amount

33. The Code On Social Security, 2020
COMPOUNDING OF OFFENCES
• any offence committed for the first time
• not being an offence punishable with imprisonment
only, or with imprisonment and also with fine,
• may, on an application made, either before or after
the institution of any prosecution, be compounded
• Failing to comply with the order attracts additional
fine for a sum equivalent to twenty per cent. of the
maximum fine provided for the offence.

34. The Code On Social Security, 2020
OTHER ENACTMENTS
• SOCIAL SECURITY AND CESS IN RESPECT OF BUILDING
AND OTHER CONSTRUCTION WORKERS
• SOCIAL SECURITY FOR UNORGANISED WORKERS
• EMPLOYMENT INFORMATION AND MONITORING

35. THANK YOU