OBLIGATIONS AS MEMBER

STATE OF ILO
⚫ Each member to frame National policy on OSH and to
formTo be applied on all branches of economic activities
including public services and on workers engaged in
these economic activities including public employees
⚫ ulate appropriate laws and regulations(Article 4,8)
⚫ Occupational safety , health and working condition,
1981 convention(C-155)
⚫ Employers to ensure workplaces safe and without risk of
health in consultation with workers but without any
expenditures on workers(Article 16,20.21)
⚫ Health will include not only physical element but also
mental element(Article 1,2,3)
 NATIONAL POLICY ON SAFETY,
HEALTH AND ENVIRONMENT AT
WORK PLACE
⚫Govt. of India had declared NPSHEW on
20th Feb. 2009 which was further refreshed
in the year 2019
⚫It recognizes the safety, health and working
environment at work place as fundamental
human rights
⚫It aims at eliminating work related injuries
and disease etc.
LEGISLATIONS
COVERED
⚫ Factories Act 1948
⚫ Mines Act 1952
⚫ Plantation Labour Act 1951
⚫ Dock workers( safety, health &welfare) Act 1986
⚫ CL(R&A) Act 1970
⚫ ISMW Act 1979
⚫ BOCW Act 1996
⚫ Motor Transport Act 1961
⚫ The working journalist & other newspaper employees Act
1958 and WJ fixation of wages Act 1958
⚫ Cine workers & cine theater workers Act 1976
⚫ Bidi & cigar Act 1966& and Sales promotion employees Act
SECTORS COVERED UNDER
CODE
⚫7 Sectors: Factories, Mines, Dock,
Construction, Plantation, Motor Transport
& Beedi and Cigar
⚫2 types of workers: Contract workers &
Inter-state Migrant Workers
⚫It will not apply on offices of the central
and state govt. or ship of war but will apply
on contract labour deployed through
contractor in the offices of central or state
govt. (Section 1(3))
COVERAGE
⚫Code covers
⚫Occupational safety standards for different sectors
to be notified by Central Govt.(Section 18)
⚫Health: ventilation, drinking water etc.
(Section 23)
⚫Working conditions: Hours of work, overtime hrs.,
leave, weekly holiday etc.(Section 25)
⚫Welfare: Canteen, crèche, rest room, first aid,
etc.(Section 24)
⚫Duties of employers and employees(Section 6)
JURISDICTION- CENTRAL AND STATE
GOVT.
⚫ Clarified in its finality
⚫ No ambiguity left in division of sphere- central & states
⚫ Central govt. appropriate govt. for establishments
⚫ Carried on by or under the authority of central govt.
⚫ Specific establishments like railways, mines, major ports
ATS, oilfield, telecommunication, banking & insurance etc.
⚫ Corporation created by Act of parliament
⚫ CPSU and subsidiaries
⚫ Contractors working there under(Section 2(d))
CLARITY ON APPROPRIATE
GOVT.
⚫Under this code
⚫For factories, plantations, motor
transport undertakings, newspaper
establishments, beedi and cigar work
only state govt. will be appropriate
govt.(Section 2(1)(d))
MODIFIED DEFINITION OF
CONTRACT LABOUR
⚫ Basant Kumar Mohantyvs. state of Orissa, HC, 1991
⚫ Who is deployed in or in connection with work of an
establishment
⚫ With or without knowledge of PE
⚫ But does not include regularly employed worker(other than
part time employee)
⚫ On mutually agreed standard or condition of employment
⚫ Getting periodical increment
⚫ Social security and welfare benefit (Section 2(1)(m) )
⚫ Huge impact on the outsourced work place?
COMPOUNDING OF
OFFENC
E⚫Compounding of Offences
⚫50% of fine amount in cases of offences
prescribing penalties only
⚫75% of the amount in case of offence
prescribing imprisonment up to one year
with or without fine
⚫An offence can be compounded once in 3
years (Section 114)
THANKS