UNIT 12

Hours of Work and Annual Leave with Wages

Section 25: Daily and weekly working hours, leave, etc.

(1) No worker shall be required or allowed to work for more than:

(a) Eight hours in a day;

(b) The working hours in a day must comply with the prescribed limits, including any intervals or spread
overs as notified by the appropriate Government.

Provided that, subject to clause (a) for mines:

(i) Workers employed below ground in a mine shall not work for more than the hours notified by the
Central Government.

(ii) Work below ground in a mine must be carried out in shifts, with each shift not exceeding the daily
maximum hours.

(iii) No worker shall be present in any part of the mine below ground except during their scheduled
work hours as per the register maintained under section 33(a).

Provided further that, subject to clause (a) for motor transport workers:

(i) The hours of work for motor transport workers include time spent in running the vehicle;

(ii) Time spent on subsidiary work;

(iii) Time spent attending terminals for less than 15 minutes.

Explanation:

(a) "Running time" refers to the time from when the transport vehicle starts functioning until it stops,
excluding interruptions exceeding a prescribed duration during which workers are free or engaged in
subsidiary work.

(b) "Subsidiary work" refers to work related to the transport vehicle, passengers, or load, done outside
the vehicle's running time, including tasks like account work, vehicle upkeep, and loading/unloading.

(c) "Period of mere attendance" means time when a worker is available to respond to calls or resume
work as per the duty schedule.

(2) Working hours for journalists:

A working journalist may work up to 144 hours in any four consecutive weeks, with at least 24
consecutive hours of rest within seven consecutive days, as prescribed by the Central Government.

(3) Sales promotion employees and working journalist:

(i) In addition to such holidays, casual leaves as prescribed by central govt, are entitled to:

(a) Earned leave on full wages for at least one-eleventh of the duty period;

(b) Leave on medical grounds with half wages for at least one-eighteenth of the service period.
(ii) may accumulate earned leave up to a limit prescribed by the Central Government.

(iii) shall be entitled to the earned leave which may be encashed or availed of according to limits set
by the Central Government.

(iv) Upon resignation, retirement, or termination (except as punishment), they are entitled to cash
compensation for unused earned leave, subject to prescribed conditions by the central government.

(v) In case of death, the worker’s heirs are entitled to cash compensation for unused earned leave.

(4) The working hours for adolescent workers will be regulated according to the Child and Adolescent
Labour (Prohibition and Regulation) Act, 1986.

Section 26: Weekly and compensatory holidays.

(1) No worker shall work for more than six days in a week:
Provided that, in a motor transport undertaking, where the employer may require a worker to
work on a weekly holiday to prevent dislocation of motor transport services, as long as the worker
does not work for more than ten consecutive days without a full-day holiday.
(2) The appropriate Government may exempt certain workers from the provisions of sub-section (1)
through a notification, subject to prescribed conditions.
(3) If a worker is deprived of a weekly holiday due to an exemption order or rule under this code, the
worker must be given compensatory holidays within the same month or the following two months,
equal to the number of holidays missed.

Section 27: Extra wages for overtime.

Overtime work shall be paid at twice the regular wage rate if a worker works beyond the prescribed
hours in a day or week, with the overtime period calculated on either a daily or weekly basis, whichever
is more favorable to the worker.

Provided that, A worker can be required to work overtime by the employer only with their consent.

Provided further that, The appropriate Government may prescribe the total number of overtime hours.

Section 28: Night shifts.

If a worker in an establishment works in a shift that extends beyond midnight:

(a) For the purposes of section 26, a weekly holiday for the worker shall be a 24-hour period starting
when their shift ends.

(b) The following day for the worker shall be considered a 24-hour period starting when the shift ends,
and the hours worked after midnight will be counted as part of the previous day.

Section 29: Prohibition of overlapping shifts.

(1) Work in any establishment shall not be carried out through a shift system that involves more than
one relay of workers working on the same task at the same time.
(2) The appropriate Government, or with its approval, the Chief Inspector-cum-Facilitator, may
exempt any establishment, class of establishments, department, section, or category of workers
from this rule through a written order, specifying the reasons and conditions for the exemption.
Provided that, this exemption does not apply to mines.

Section 30: Restriction on double employment in factory and mine.

No worker shall be required or allowed to work in a mine or factory if they have already worked in
another similar establishment within the preceding 12 hours, except in circumstances prescribed by
the appropriate Government.

Section 31: Notice of periods of work.

(1) A notice of work periods, showing the times during which workers may be required to work each
day, must be displayed and maintained correctly in every establishment.
(2) The form, display method, and manner of sending the notice to the Inspector-cum-Facilitator shall
be as prescribed by the appropriate Government.
(3) Any proposed change in the work system that requires updating the notice must be notified to the
Inspector-cum-Facilitator before the change. No change shall be made until one week after the
last change, unless prior approval is given by the Inspector-cum-Facilitator.

UNIT 13

Special Provision relating to employment of Women

Extra gyaan: can be avoided

The Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code) is a progressive piece
of legislation that addresses several issues relating to the female employees/ workers. This evolution
is essential for a nation like Indian where only 32.8% of the labour force is women; as it increases the
employability of women.

These safeguards as discussed in the sections below shall prove beneficial as they would make women
feel safer in their work environments and reduce the risks of serious physical injuries. Further, better
and enhanced safeguards would also mean that the families of women employees would be a little
less sceptical in allowing them to take up employments in dangerous processes.

Section 43: Employment of women.

Women can be employed in any establishment for any type of work under this Code. They may also
work before 6 a.m. or after 7 p.m. with their consent, subject to conditions relating to safety, holidays,
working hours, or any other required to be observed by the employer as prescribed by the appropriate
government.

Section 44: Adequate safety of employment of women in dangerous operation.

If the government considers that the employment involves hazardous or process which is dangerous
to women's health and safety, it may require employers to implement safeguards before employing
women in such operations.

UNIT 14

Contract Labour

Section 45: Applicability of this Part. (The topic of contract labour comes under Part I of Chapter 11
of the OSH code)
(1) This part shall apply to

i. Every establishment which is employing or has employed 50+ contract workers in the last 12
months.

ii. Every manpower supply contractors who has employed 50+ contract workers in the last 12
months.

(2) The part does not apply to establishments where work of an intermittent or casual nature is
performed:

Provided that, whether the work is intermittent or casual in nature shall be decided by the
appropriate Government, after consulting National and State boards, and the decision shall be
final.

Explanation: The following works shall not be deemed to be of intermittent nature

i. If work was done for over 120 days in the past year.

ii. If it was a seasonal work and was performed for over 60 days in a year.

Section 47: Licensing of contractors.

1. No contractor to whom this Part applies shall:

(a) supply or engage contract labour in any establishment; or
(b) undertake or execute work through contract labour
without a licence from the authority specified in section 119(1), ensuring that the contractor
meets prescribed qualifications. The licence must specify the number of contract labour who can
be engaged and the security deposit amount required.
2. If the contractor does not meet the necessary qualifications, the authority may issue a "work-
specific licence," which is electronically renewable within a prescribed period. This licence allows
the contractor to engage contract labour for a specified work order under certain conditions.
3. Subject to this Part:
(a) a licence under sub-section (1) may include conditions related to work hours, wages, and
essential amenities for contract labour as prescribed by the appropriate Government; (

b) licences under sub-section (1) or (2) must be obtained from the designated authority:
(i) for Central Government establishments, from the authority designated by the Central
Government under section 119(1);
(ii) for State Government establishments, from the authority designated by the State Government
under section 119(1).

Provided that, If a contractor seeks a licence for multiple states or nationwide, they may obtain it
from the Central Government authority.

Provided further that, Before issuing such a licence as mentioned u/first proviso, the Central
authority must consult the relevant State authorities electronically, especially if the establishments
fall under State jurisdiction.

Section 48: Procedure for issue or renewal of licence.

1) Applications for a licence for purpose of 47(1) and 47(2) which is under section 119 must be made
electronically, detailing the number of contract workers, type of work, and other specifics, including
information on inter-State migrant workers, as prescribed by the appropriate government (AG).
(2) The authority specified in section 119(1) must follow the procedure when issuing the licence, which
may be prescribed by the AG.

(3) Licences are valid for five years for the specified number of contract workers. If a contractor wants
to increase this number, they must apply for an amendment, pay the additional security deposit, and
the licence will be adjusted for the remaining period.

(4) The licence must outline the contractor’s responsibilities as prescribed by the AG.

Section 51: Revocation, suspension and amendment of licence.

1) The authority under section 119(1), if is satisfied wrt license that,

(a) it was obtained through misrepresentation, suppression of facts, or
(b) the holder of license fails to meet conditions of the licence or violates provisions of this Part, then,

without prejudice to any penalty, the authority can revoke or suspend a licence after allowing the
contractor to present their case, following procedures set by the Central Government.

(2) The authority may also amend an existing licence as per applicable rules.

Section 53: Liability of principal employer for welfare facilities.

Welfare facilities specified under section 23 and section 24 shall be provided by the principal employer
of the establishment to the contract labour who are employed in such establishment.

Section 54: Effect of employing contract labour from a non-licenced contractor

Where any principal employer of an establishment is employing contract labour through a contractor
who is required to obtain a licence under this Part, but he has not obtained such licence, then, such
employment shall be deemed to be in contravention of the provision of this Code.

Section 55: Responsibility for payment of wages

1. A contractor shall be responsible to pay wages to the contract labor employed by him within such
period prescribed by the AG.
2. Wages should be disbursed through bank transfer or electronic mode, and the principal employer
must be informed electronically about the amount paid.
Provided that, If electronic payment is not possible, the government may prescribe an alternative
method.
3. If the contractor fails to pay the wages on time or underpays, the principal employer is responsible
for paying the full wages or any unpaid balance and can recover this amount from the contractor
by deduction under any contract or as a debt.
4. If the contractor does not pay the wages, the AG may order the payment from the security deposit
which was made by the contractor under the issued license, in prescribed manner.

Section 56: Experience certificate.

Every concerned contractor shall issue, on demand, experience certificate, in such form as may be
prescribed by the appropriate Government, to the contract labour giving details of the work performed
by such contract labour.

Section 57: Prohibition of employment of contract labour.

(1) Employment of contract labor in core activities of any establishment is prohibited,

Provided that, the principal employer may engage contract labor through a contractor for core
activities under certain conditions:

(a) If the activity is typically done through a contractor due to the normal functioning of the
establishment;

(b) If the activities do not require full-time workers for most of the working hours or longer
periods;

(c) If there is a sudden increase in the volume of work in the core activity that needs to be
completed within a specified time.

(2) (a) The appropriate Government (AG) may by notification, appoint a designated authority to advise
on whether an activity of an establishment is a core activity.

(b) If there is a dispute about whether an activity is a core activity, the aggrieved party can
apply to the AG for a decision in the prescribed manner.

(C) The AG may refer the issue to the designated authority, which will report back with a
decision after considering relevant material or conducting inquiries, and the Government will decide
the matter within a prescribed period.

UNIT 15

Inter-state Migrant Workers and Audio-Visual Workers

Provisions relating to Interstate migrant workers

Section 60: Facilities to inter-State migrant workers.

Contractors or employers hiring inter-State migrant workers must:

i. Ensure suitable work conditions considering the workers are from different states.

ii. Report any fatal or serious accidents to authorities in both states and notify the worker's next
of kin.

iii. Provide all benefits available to regular workers, including those under the Employees' State
Insurance Act (1948), Employees' Provident Funds Act (1952), or other applicable laws, as well
as medical check-ups.

Section 61: Journey allowance.

Employers shall provide inter-State migrant workers with a lump sum for travel to and fro from the
place of his employment to their native place annually, following conditions regarding entitlement,
periodicity, and travel class and such others which are set by the government.

Section 62: Benefits of public distribution system, etc

The government must create schemes to:

a) Allow inter-State migrant workers to access public distribution benefits in either their home or
work state.
 b) Ensure portability of construction-related benefits and other construction cess fund benefits
in the state where such worker is employed.

Section 63: Toll free helpline

The appropriate Government may provide facility of toll free helpline to the inter-State migrant
workers in such manner as may be prescribed by that Government.

Section 65: Past liabilities.

No suit/proceeding shall take place to recover debts taken by such inter-State migrant workers from
the employer/contractor after their employment ends; such debts are considered extinguished upon
job completion.

Provision relating to Audio Visual Workers

Section 66: Prohibition of employment of audio-visual worker without agreement.

1. An audio-visual worker can only be hired if ---

(a) a written agreement is entered by him:

i. Directly with the producer of AV programme.

ii. With the producer having a contractor, in case he is employed through such contractor.

iii. with a contractor on behalf of the producer.

(b) The agreement is registered by the producer with competent authority, to be notified by
Appropriate govt.

2. The agreement shall,----

a) be in the prescribed form.

b) Specify the worker’s details such as name and others which may be prescribed by App. Govt.

c) If the AV worker is hired through a contractor, it must specify that the producer is liable for
wages if the contractor fails to pay, with the producer having a right to claim reimbursement
from the contractor.

3. Provident Fund Compliance:

• If the worker is eligible for provident fund benefits, a copy of the agreement must be sent by
the producer to the authority prescribed by the appropriate govt.

4. The Agreement shall include the following:

i. nature of Assignment,
ii. wages, and benefits (including provident fund if applicable).

iii. Health, and working conditions.

iv. safety,

v. Work hours

vi. welfare facilities

 vii. dispute resolution mechanism.

• Provided that, If disputes aren’t resolved under such mechanisms, they can be escalated to
the Industrial Tribunal under the Industrial Disputes Act, 1947.

• Wages must be paid electronically.

UNIT 16

Mines and Beedi and Cigar Workers

I. Provisions relating to MINES

Section 67: Managers.

(1) Every mine must have a sole manager with qualifications prescribed by the Central Government.
The owner or agent may appoint themselves as manager if they meet these qualifications.

(2) The manager is responsible for the overall management, control, and supervision of the mine,
following any instructions from the owner or agent, which must be confirmed in writing.

(3) Except in emergencies, instructions affecting the manager's statutory duties must only be given
through the manager, not directly to mine employees.

Section 69: Exemption from provision regarding employment.

(1) In emergencies that pose a serious risk to the safety of the mine or its workers, or in cases of
accidents (actual or anticipated), natural disasters, or urgent repairs needed for machinery or
equipment, the manager can permit workers to work beyond the standard hours or weekly rest
requirements. This is allowed even if it means temporarily exceeding the legal work hour limits stated
in Sections 25, 30, and sub-section (1) of Section 31, provided it is essential for protecting mine safety.

Provided that, For urgent repairs to machinery or equipment, the manager can authorize such
work, even if it indirectly impacts mineral production. However, any actions taken should be
limited to what is necessary to avoid significant disruption to normal mining operations.

(2) The manager must document each instance where such emergency actions are taken, noting all
relevant circumstances. A report must also be sent to the Chief Inspector-cum-Facilitator or Inspector-
cum-Facilitator to ensure proper oversight.

Section 70: Employment of persons below eighteen years of age.

(1) No person under 18 years old is allowed to work in any mine.

(2) However, apprentices and trainees aged 16 and above may work in mines under supervision. For
non-apprentice trainees, prior approval from the Chief Inspector-cum-facilitator or Inspector-C-F is
required.

(3) The Central Government may set rules for medical examinations to ensure fitness for work and to
prevent those under 16 from working as apprentices or trainees, and those below 18 from regular
mine employment.

Explanation: "Apprentice" refers to the definition in the Apprentices Act, 1961.

Section 71: Exemption to certain persons.

The Central Government may make rules to provide for exemption to certain persons or category of
persons employed in mines from the provisions of sub-section (1) of section 25, sub-section (1) of
section 26, section 30 and sub-section (1) of section 31

Section 72: Establishment and maintenance of rescue services and vocational training.

The Central Government may prescribe vocational training and rescue and recovery services for
persons employed in a mine.

Section 73: Decision of question whether a mine is covered under this Code.

If a question arises about whether certain premises, excavation or activities near a mine such as sale
of minerals, fall under the scope of this Code, the Central Government will decide. A certificate from
the Secretary of the Ministry of Labour and Employment will serve as conclusive proof of that decision.

PROVISIONS RELATING TO BEEDI AND CIGAR WORKERS:

Section 74 : Licensing of industrial premises and individuals.

(1) No employer can use or allow to use any premises as an industrial premises without a valid license
issued under Section 119 and in contravention to T&Cs of such license.

(2) To obtain a license U/S 119, an application must be submitted to the authority U/S 119(1), with
prescribed forms and fees.

(3) Subject to 119, The application must specify the maximum number of employees to be employed
in a day along with a plan of the premises, prepared in the manner prescribed by the State
Government.

(4) When deciding on the grant or refusal of license, the authority U/ 119(1) will consider factors such
as:

• Suitability of the premises for beedi or cigar manufacturing.

• Applicant’s experience or their agreement with experienced personnel.

• Financial capacity to comply with labor welfare laws.

• Bona fide intent of the applicant and not as a benami for others.

• Welfare of local labor and public interest.

(5) Licenses are valid for 5 years and can be renewed.

(6) Renewal applications must be made 30 days before expiry, with the license deemed valid during
the renewal process: Provided that, licenses will only be renewed if compliance with all rules is
ensured.
Provided further that, the authority may renew the license within such period as may be prescribed
by the State govt. and shall be done keeping in mind the factors U/ sub section 4.

(7) Licenses may be suspended or canceled after giving an opportunity of hearing if obtained by,
misrepresentation, fraud or if compliances U/this part, rules or license are violated.
(8) The State Government can issue general directions to the authority U/119(1) regarding the
licensing process.

(9) The authority can set terms and conditions for granting or renewing licenses and must provide
written reasons if a license is denied.

Section 76: Permission to work by employees outside industrial premises.

(1) The State Government may allow employees to wet or cut beedi or tobacco leaves outside
industrial premises, upon an employer's request, subject to prescribed conditions.

(2) Employers must keep records of any work permitted outside the premises in a prescribed format.

(3) Manufacturing processes for beedi or cigars are not allowed outside industrial premises,

Provided that, this section doesn’t apply if the workers are given raw materials to make beedis or
cigars at home by the employer or a contractor.

Section 77: Part not to apply to self-employed persons in private dwelling houses.

This section exempts the owner or occupier of a private dwelling house from certain regulations if they
carry out manufacturing (such as making beedis or cigars) with the help of their family members living
with them.

Explanation: (i) Family does not include children as defined in the Child and Adolescent (Prohibition
and Regulation) Act, 1986.

(ii) The term "private dwelling house" refers to a house where people involved in beedi or cigar
production reside.

UNIT 17:

FACTORIES AND PLANTATION

Section 79: Approval and licensing of factories.

(1) The appropriate Government may establish rules for factories, including:

• (a) Submission of plans with specifications and certifications.

• (b) Prior permission for factory site approval and construction or extension.

• (c) Licensing, renewal, and applicable fees, subject to Section 119.

(2) If the application for site permission, accompanied by required plans, is submitted electronically to
the State Government or Chief Inspector, and no response is given within 30 days, the permission is
deemed granted.

(3) If permission is denied, the applicant may appeal within 30 days to the Central Government (if
denied by the State Government) or to the State Government (if denied by a Chief Inspector).

Explanation: Factory extensions do not include replacing or adding machinery, provided it does not
reduce safe working space or worsen environmental conditions.

Section 80: Liability of the owner of premises in certain circumstances.

When premises or separate buildings are leased to different occupiers as separate factories, the owner
and occupiers shall be jointly and severally responsible for providing and maintaining shared facilities,
including safety, fire protection, hygiene, ventilation, emergency preparedness, canteens, rest rooms,
and crèches, as prescribed by the Government.

Section 81: Power to apply Code to certain premises.

(1) The Appropriate Government may, by notification, apply all or specific provisions of this Part to any
place where a manufacturing process is carried out, with or without power, regardless of the number
of workers.

(2) Once declared, the place shall be treated as a factory, with the owner deemed as the occupier and
any person working there as a worker.

Explanation: "Owner" includes a lessee or mortgagee in possession of the premises.

Section 82: Dangerous operations.

The Appropriate Government may establish rules for factories where processes expose workers to
serious bodily risks, diseases , such as:

(a) Declaring specific processes and operations as dangerous.

(b) Restricting or prohibiting employment of pregnant women in such processes.

(c) Mandating periodic medical exams to assess fitness, at the occupier's expense.

(d) Providing welfare amenities, sanitary facilities, protective gear, and other safety measures.

Section 84: Compulsory disclosure of information by the occupier.

(1) The occupier of every factory engaged in hazardous processes must disclose all relevant
information on dangers, including health hazards and preventive measures, to workers, the Chief
Inspector-cum-Facilitator, local authorities, and the public within the factory's vicinity as prescribed by
the State Government.

(2) Upon registering the factory, the occupier must establish a detailed health and safety policy for
workers, submit it to the Chief Inspector-cum-Facilitator, and update it periodically as required by the
State Government.

(3) The disclosed information must include accurate details about the quantities, specifications, and
characteristics of waste materials and their disposal methods.

(4) The occupier is required to prepare an on-site emergency plan and detailed disaster control
measures, approved by the Chief Inspector-cum-Facilitator. These measures must be communicated
to workers and the local community to ensure safety in the event of an accident.

(5) If a factory plans to start a hazardous process after the Code’s commencement, the occupier must
inform the Chief Inspector-cum-Facilitator at least 30 days before starting the process, detailing its
nature and specifics.

(6) Failure to comply with the prior notification requirement may result in cancellation of the factory’s
license, in addition to other penalties under the Code.
(7) The occupier must establish, with the Chief Inspector's approval, protocols for handling, using,
transporting, and storing hazardous substances. These measures must be publicized among the
workers and residents near the factory as prescribed by the State Government.

Section 85: Specific responsibility of the occupier in relation to hazardous processes.

Every occupier of a factory involving hazardous processes must:

(a) Maintain accurate health and medical records of workers exposed to harmful chemical and toxic
substances, and make such records accessible to workers as per State Government guidelines.

(b) Appoint qualified and experienced personnel to supervise hazardous substance handling and
provide necessary safety facilities. Provided that, in case of questions regarding competency, the Chief
Inspector's decision on qualifications is final.

(c) Conduct medical examinations for workers:

• (i) Before assigning them to hazardous jobs.

• (ii) during employment and after they stop working in such roles for 12 month interval, as per
State Government rules.

Section 88 Permissible limits of exposure to chemicals and toxic substances.

The maximum permissible limits of exposure of chemical and toxic substances in manufacturing
process in any factory shall be of the value as may be prescribed by the State Government.

Section 89: Right of workers to warn about imminent danger. 1) Workers in a factory engaged in
hazardous processes who reasonably fear imminent danger to their lives or health can report it directly
or via their Safety Committee to the occupier, manager, or person in charge, and simultaneously inform
the Inspector-cum-Facilitator.

(2) If the occupier or manager thinks the danger is in existence, they must take immediate corrective
action and report such actions to the Inspector-cum-Facilitator.

(3) If they do not agree with the workers' concerns, they must still refer the issue to the Inspector-
cum-Facilitator, whose decision on the presence of imminent danger is final.

Section 78: Prohibition of employment of certain persons in specific building or 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 of any accident either
to the building worker himself or to any other person.