Current Scenario Under the Contract Labour (Regulation and Abolition) Act, 1970, licensing norms for contractors can be understood by reading the enactment with its corresponding Contract Labour (Regulation and Abolition) Central Rules, 1971. At this juncture we must also add that the State rules provide further clarity on the norms respective states choose to adopt. However, for the sake of understanding and comparing the norms under the current Contract Labour Act to the Code and…
Introduction The Occupational Safety, Health and Working Conditions Code, 2020 lays down the provisions relating to working hours in establishments. Section-25 under the Code states that no worker shall be required to work for more than eight hours in a day. It also stipulates that the period of work in each day shall be so fixed so as not to exceed such hours, with such intervals and spread overs as may be notified by the…
Introduction In our previous article titled Transgender Persons and Labour Law: A Grey Area, we had discussed the need for concrete steps to address some of the lacunae pertaining to transgender employees in the workplace. Today’s blog shall examine the combined impact of the Transgender Persons (Protection of Rights) Act, 2019 read with its corresponding Transgender Persons (Protection of Rights) Rules, 2020. We shall analyze their combined effect on labour law compliance and examine suitable…
Introduction Laws in India had been strictly binary in terms of their recognition of gender for a long time, recognizing only men and women. In this sense the lack of recognition could be termed a non liquet or a lacuna in the law. However, the change in global outlook towards transgender persons has resulted in a corresponding shift in India as well. The Supreme Court’s judgement in the case of National Legal Services Authority v.…
Introduction India is in the midst of an overhaul of existing regulatory compliance norms, aimed at improving its ranking in the World Bank’s ease of doing business index. In the context of labour regulations, this has come in the form of four new Labour Codes that aim to deregulate and simplify wages, social security, industrial relations and occupational health and safety. Section-37 of the last Code, namely the Occupational Safety Health and Working Conditions Code,…
Introduction The OSHWC Code was passed by Parliament with the intention of subsuming the following Central laws:- The Factories Act, 1948 The Contract Labour (Regulation and Abolition) Act, 1970 The Mines Act, 1952 The Dock Workers (Safety, Health and Welfare) Act, 1986 The Building & Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1979 The Plantations Labour Act, 1951 The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979…
Introduction The resumption of the delayed Monsoon session of Parliament was marked by the introduction of several legislations that have been pending. Amongst these are the three remaining labour codes that are part of the Central Government’s long-standing plan to untangle India’s regulatory framework. Namely, the Code on Social Security Bill, the Industrial Relations Code Bill and the Occupational Safety, Health and Working Conditions Code Bill. On 19th September, the Central Government rescinded the previous…
This article is part of a series of blog posts by Simpliance that aim to guide both employers and employees with respect to the best practices of labour law compliance. They also act as a guide for individuals unfamiliar with the regulations governing employment in India. This blog on Industrial Disputes is the second post in the series, with the first one being on minimum wages. Introduction Regardless of the level of economic development, policies…
Introduction Labour law is the body of statutory regulation coupled with executive rule promulgation that applies to matters such as employment, remuneration, hours & conditions of work, industrial relations and social security. It defines the contours of the employer-employee relationship by outlining the rights and duties they have towards each other. Employees are given rights that impose corresponding duties on employers in a Hohfeldian sense and vice-versa. These laws aim to operate to prevent exploitation…