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The Ministry of Labour and Employment (“Ministry”) has issued a preliminary draft on Code on Occupational Safety, Health and Working Conditions, 2018 (“Draft Code”) by amalgamating 13 labour laws relating to safety and health standards, health and working conditions, welfare provisions for the employees and leave and hours of work.

The Ministry has amalgamated a total of 13 laws as enlisted below into the Draft Code:

· The Factories Act, 1948 (Act no. 63 of 1948)

· The Mines Act, 1952 (Act no. 35 of 1952)

· The Dock Workers (Safety, Health and Welfare) Act, 1986 (Act no. 54 of 1986)

· The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (Act No. 27of1996)

· The Plantations Labour Act, 1951 (Act No. 69 of 1951)

· The Contract Labour (Regulation and Abolition) Act, 1970

· The Inter-State Migrant workmen (Regulation of Employment and Conditions of Service) Act, 1979

· The Working Journalist and other News Paper Employees (Conditions of Service and Misc. Provision) Act, 1955

· 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)Act, 1966

· The Cine Workers and Cinema Theatre Workers Act, 1981

The key highlights of the Draft Code are as follows:

· Provision for Registration of certain establishments;

· Duties of Employer and Employees, rights of employee etc.;

· Establishment of the National / State Occupational Safety and Health Advisory Boards, Occupational Safety and Health standards etc.;

· Health and Working Conditions and responsibilities of employer for maintaining health and working conditions;

· Welfare Provisions such as washing facilities in the establishments etc.;

· Hours of Work and Annual Leave with Wages;

· Maintenance of Registers, Records and Returns etc.;

· Special Provision relating to Employment of Women;

· Special Provisions for Contract Labour and Inter State Migrant Worker, etc. Such as Licensing of contractors, Responsibility of Payment of wages, Liability of Principal Employer for welfare facilities, journey allowance etc.;

· Offences, Penalties and Procedure.

Effect: The Ministry has invited Comments/suggestions from all concerned stakeholders and the general public on the Draft Code. The comments/suggestions should be sent in the prescribed format provided in the notice to the Ministry by April 22, 2018 on the address Under Secretary (LRC), Ministry of Labour & Employment, Room No. 17, Shram Shakti Bhavan, Rafi Marg, New Delhi — 110001, or through e-mail to jk.singh68@nic.in.

 

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