Dr G MANJUNATH KLS Ph D Additional Labour

Dr. G. MANJUNATH, KLS, Ph. D Additional Labour Commissioner Government of Karnataka Email id: manju_alc@yahoo. co. in Website: http: //drmanjunathg. in/ 1

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4 CODES vs. 29 Labour Laws CODES COW ACT OSH CODE SS CODE DEFINITIONS 26 58 74 SECTIONS 69 134 157 NO. OF LABOUR LAWS 4 13 8 DEFINITIONS 53 144 127 SECTIONS ACTOR 69 Employee gets prominence over Worker. 585 Worker gets prominence over the Employee 341 Employee gets prominence over Worker gets prominence over the Employee IR CODE 38 104 4 55 137 TOTAL 196 464 29 379 1132 3

IMPACT ON EMPLOYERS AND THE EVOLVING COMPLIANCE STRUCTURE UNDER THE CODE ON WAGES, 2019 The Code on Wages, 2019 - Impact analysis 4

The Code on Wages, 2019 Arrangement of Sections CHAPTER I Sections PRELIMINARY Short title, extent and commencement 2 Definitions 3 Prohibition of discrimination on ground of gender 4 Decision as to disputes with regard to same or similar nature of work CHAPTER II MINIMUM WAGES 5 Payment of minimum rate of wages 6 Fixation of minimum wages 7 Components of minimum wages 8 Procedure for fixing and revising minimum wages 9 Power of Central Government to fix floor wage 5

Arrangement of Sections 10 Wages of employee who works for less than normal working day 11 Wages for two or more classes of work 12 Minimum time rate wages for piece work 13 Fixing hours of work for normal working day 14 Wages for overtime work CHAPTER III PAYMENT OF WAGES 15 Mode of payment of Wages 16 Fixation of wage period 17 Time limit for payment of wages 18 Deductions which may be made from wages 19 Fines 20 Deductions for absence from duty 21 Deduction for damage or loss 6

Arrangement of Sections 22 Deductions for services rendered 23 Deductions for recovery of advances 24 Deductions for recovery of loans 25 Chapter not to apply to Government establishments CHAPTER IV PAYMENT OF BONUS 26 Eligibility for bonus, etc 27 Proportionate reduction in bonus in certain cases 28 Computation of number of working days 29 Disqualification for bonus 30 Establishments to include departments, undertaking, and braches 31 Payment of bonus out of allocable surplus 32 Computation of gross profits 7

Arrangement of Sections 33 Computation of available surplus 34 Sums deductible from gross profits 35 Calculation of direct tax payable by the employer 36 Set on and set off of allocable surplus 37 Adjustment of customary or interim bonus against bonus payable under this Code 38 Deduction of certain amounts from bonus payable 39 Time limit for payment of bonus 40 Application of this Chapter to establishments in public sector in certain cases 41 Non-applicability of this Chapter 8

Arrangement of Sections CHAPTER V 42 CHAPTER VI ADVISORY BOARD Central Advisory Board and State Advisory Board Payment of Dues, Claims and Audit 43 Responsibility for payment of various dues 44 Payment of various undisbursed dues in case of death of employee 45 Claims under Code and procedure thereof 46 Reference of disputes under this Code 47 Presumption about accuracy of balance sheet and profit and loss account of corporations and companies 48 Audit of accounts of employers, not being corporations or companies. 49 Appeal 50 Records, returns and notices. 9

Arrangement of Sections CHAPTER VII 51 CHAPTER VIII INSPECTOR-CUM-FACILITATOR Appointment of I-CUM-F OFFENCES AND PENALTIES 52 Cognizance of offences 53 Power of officers of appropriate Government to impose penalty in certain cases 54 Penalties for offences 55 Offences by companies 56 Composition of offences 10

Arrangement of Sections CHAPTER IX MISCELLANEOUS 57 Bar of suits 58 Protection of action taken in good faith 59 Burden of proof 60 Contracting out 61 Effect of laws, agreements, etc, inconsistent with this Code 62 Delegation of powers 63 Exemption of employer from liability in certain cases 64 Protection against attachment of assets of employer with Government 65 Power of central Government to give directions 66 Saving 67 Power of appropriate Government to make rules 68 Power to remove difficulties 69 Repeal and savings 11

Code on Wages vs. Repealed Enactments ACT DEFINITIONS SECTIONS SCHEDULES RULES MW ACT (1948) 11 31 1 37 PW ACT (1936) 10 26 - 40 PB ACT (1965) 22 40 4 5 ER ACT (1976) 10 18 - 6 TOTAL 53 114 5 88 COW (2019) 26 69 - 57 FORMS/NOTIFICATIONS 6 FORMS & A-E, Schedules 12

Code on wages Act, 2019 State Govt ; 24 • Key Actors: App Govt ; 104 Employer , 169 Central Govt ; 40 Worker ; 18 Employee; 218 13

Who is an ‘Employer’? • • Cl. 2(l). Employer means a person who employs one or more employees in his establishment either directly or through any person… In case of CG/SG, the Head of the dept or the authority so specified; In case of local authority, the chief executive; In case of a factory, the occupier and the manager; In case of any other establishments, the person who has ultimate control over the affairs of the establishment and manager, or MD if such affairs is entrusted to them Contractor Legal representative of a deceased employer 14

Substantial Compliance under the Code • • Employer shall NOT discriminate among employees on the ground of gender with regard to wages in respect of the same work or work of a similar nature done by any employee. Employer for the above purpose shall NOT reduce the rate of wages of any employee. Employer shall NOT make any discrimination on the ground of sex while recruiting any employee for the same work or work of similar nature and also in the conditions of employment. Exception… 15

Substantial Compliance under the Code • • • Employer shall NOT pay to any employee wages less than the minimum rate of wages notified by the appropriate Government. Employer shall pay overtime rate which is twice the normal rate of wages Employer shall pay all wages in current coin or currency notes or by cheque or by crediting the wages in the bank account of the employee or by electronic mode. Employer shall pay wages payable within two working days of removal, dismissal, retrenchment or resignation of an employee Govt. has powers to extend (Cl 17(3) 16

Substantial Compliance under the Code • • • Employer may deduct from the wages of an employee only in accordance with the provisions of the code and only for the purposes mentioned. Employer shall NOT commit any default after deducting from the wages and not depositing in the account of the trust or Government fund Employer shall NOT impose any fine on any employee without the previous approval of the App Govt. or of such authority prescribed. (Cl. 19) 17

Substantial Compliance under the Code • • • Employer shall PAY to every employee drawing the prescribed wages and who has put in at least 30 days of work an annual minimum bonus at the rate of 8. 33% of the wages earned, whether or not the employer has any allocable surplus during the previous accounting year. Bonus payable under this code by an employer to his employees shall be paid by crediting it in the bank account within a period of eight months from the close of the accounting year. (Provi for time extension) Every Employer shall pay all amounts required to be paid under this Code to every employee employed by him. (43) 18

Compliance of the order passed by authorities under the Code • • Employer shall comply with the directions issued by authorities if such employer has not audited his accounts within time stipulated (48(2) In case the authorities themselves direct for auditing of the accounts by auditors the incidental expenditure and the remuneration shall be paid by the employer 19

Procedural Compliance • Every employer to whom this code applies shall maintain: – A register containing the details of persons employed – Muster roll – Wages and such other details in the prescribed manner – Display notice of the abstract of the code, category-wise wage rates of employees, wage period, day and date and time of payment of wages – Issue wage slips in the manner prescribed – The names and addresses of the Inspector-cum Facilitator having jurisdiction 20

Provisions of Indian Penal Code, 1860 • • • Any person required to produce any Documents and any information required by I-C-F shall be deemed to be legally bound to do so within the meaning of S. 175 & S. 176 of the IPC S. 175. Omission to produce document or electronic record to pubic servant by person legally bound to produce it. S. 176. Omission to give notice or information to public servant by person legally bound to give it. Further, S. 94 of Code of Criminal Procedure, 1973 is applicable under Cl 51(8) S. 94. Search of place suspected to contain stolen property, forged documents, etc 21

Penalties for offences under the Code • Ø Ø • Ø Substantial violation of the code like paying less than the amount due to any employee under the provisions of this Code- Employer Punishable with fine up to Rs 50, 000; Repeated offence within five years punishable with imprisonment for a term up to 3 months or with fine up to Rs one lakh; Contravenes any provision, rules, order made punishable with fine up to Rs 20, 000; Repeated offence within five years punishable with imprisonment for a term up to one month or fine up to Rs 40, 000 or with both; For Procedural violation of the provisions of the code For Non-maintenance or improper records, punishable with fine up to Rs 10, 000 22

Compounding of Offence under the Code • • • An offence not being an substantial offence- the code provides for compounding of offence Gazetted Officer so appointed will have powers to levy a sum fifty percent of maximum fine provided for such offence No prosecution can be proceeded if an offence is been compounded any pending procedure before any court, intimation has to be given by the Gazetted officer and the employer may be discharged 23

Burden of Proof • Ø Ø Ø • When a claim is made before any authority against the employer for: Non-payment of equal remuneration Non-payment of bonus Less payment of wages Less payment of bonus Making un-authorized deductions from the wages of an employee Then the burden of prove that the said dues have been paid shall be on the Employer. 24

Exemption of Employer from liability • • • Ø Ø When an employer is charged with an offence under this Code: He is entitled under this code to make a complaint before the court against any other person whom he charges to be the actual offender. Employer then has to prove to the satisfaction of the court that. Due diligence was used by him to execute the code The other person committed the offence without his knowledge, consent or connivance However, employer will be examined on oath, examination of evidence and witnesses and cross-examination procedures shall be followed Thereafter, the employer shall be discharged from any liability under this code. 25

IMPACT ON EMPLOYERS AND THE EVOLVING COMPLIANCE STRUCTURE UNDER THE OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2019 The OSH Code, 2019 - Impact analysis 26

THE OSH CODE, 2019 Arrangement of Clauses Chapters Clauses I Preliminary 2 II Registration 3 III Duties of Employers and Employees, etc 10 IV Occupational Safety and Health 7 V Health and Working conditions 1 VI Welfare Provisions 1 27

THE OSH CODE, 2019 Arrangement of Clauses Chapters Clauses VII Hours of Work and Annual Leave with wages 8 VIII Maintenance of Registers, Records and Returns 1 IX Inspector cum Facilitator and other Authority 9 X Special Provision relating to employment of women 2 XI Special Provisions for Contract Labour and Inter-state Migrant worker, etc Part I Contract Labour and Inter-State Migrant Worker 18 28

THE OSH CODE, 2019 Arrangement of Clauses Chapters Clauses Part II Audio-Visual workers 1 Part III Mines 5 Part IV Beedi and Cigar Workers 4 Part V Building and Other Construction workers 1 VI Factories 13 Chapter XII Offences and Penalties 21 29

THE OSH CODE, 2019 Arrangement of Clauses Chapters Clauses Chapter XIII Miscellaneous 27 TOTAL CLAUSES 134 FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE 30

OSH Code vs. Repealed Enactments ACT DEFINITIO NS SECTIONS SCHEDULES RULES FORMS/ NOTIFICATION S F A, 1948 21 120 3 14/142 1 -41 M A, 1952 18 88 6 10/84 D W (S, H & W) A, 1986 8 25 11 3/12 (Rules) 27/118(Regula tions) 1 -14 BOCW A, 1996 14 64 12 72/252 26 P L A, 1951 14 61 7/85 1 -22 CLRA A, 1970 9 35 9/83 26 31

OSH Code vs. Repealed Enactments ACT DEFINITIONS SECTIONS SCHEDULES RULES FORMS/ NOTIFICATIONS ISMW A, 1979 9 36 I 11/52 24 WJNPE A, 1955 10 21 3/17 WJ(WRW) A, 1958 7 14 12/38 9 MTW A, 1961 14 40 8/37 13 SPE A, 1976 5 12 12/23 5 I 32

OSH Code vs. Repealed Enactments ACT DEFINITIONS SECTIONS SCHEDULES RULES FORMS/ NOTIFICATIONS B&CW A, 1966 18 44 3/34 17 CW&CTW A, 1981 11 25 8/23 3 TOTAL 144 585 1000 OSH, 2019 58 134 33

Code on Wages Act, 2019 Key Actors: State Govt, 64 Employer, 141 Central Govt, 128 Employee, 90 App Govt, 142 Worker, 248 34

Key Definitions Audio-visual worker Building worker Contract labour Employee- same as in other codes Inter-state migrant worker Motor transport worker Sales promotion employees Working journalist Worker - similar as in other codes 35

Key Definitions • • Employer Principal employer Industry- difference with IR Code Manufacturing process- difference with SS Code Competent authority Registering authority Appellate authority ICUMF 36

Substantial compliance Every employer SHALLRegister his establishment Within 30 days inform closing of an establishment Certify that payments of all dues to the workers are made Send notice of commencement and cessation of operations To send notice of any accident causing death/bodily injury To send notice in certain dangerous occurrences Certain diseases (as in III Schedule) Duties are also cast on manufacturers, designers, importers, suppliers, architects, • Project engineers. • Duties of employees and rights of employees is provided (But not workers) • However, every worker shall undergo medical examination • • 37

Substantial compliance Every employer SHALLAfford all facilities for safety & occupational health survey Constituting Safety committee and safety officers Maintain such health and working conditions Provide and maintain welfare facilities/welfare officer Adequate & Standard Canteen for workers if >100 workers are employed, including contract workers • Rest-rooms for male, female and transgender workers • Facility of crèche wherein >50 workers are employed. • • • 38

Silent features • • Third party audit and certification for ‘start up establishment’ Women workers allowed to work during night shifts, but with her consent (7 pm -6 am) Special powers of CICUMF/ICUMF (Appeal lies in the High Court) Powers to order prohibition of any building and other construction work site. Jurisdiction of the civil courts barred Power of the app. govt to exempt establishments from all or any of the provisions of this code 13 laws will be repealed. 39

Contract labour & ISMW • • ‘Work specific license’ will be issued. Work to be carried out based on the ‘work order’ as specified in the license. Validity is 5 years Every contractor to intimate the Government of the work order received. Failure to intimate leads to cancellation of the license. Contract labour shall be deemed to be employed by the PE if he Contractor doesn’t obtain license. Registration of PE not provided under the code ISMW Registration and licensing is not provided under the code. 40

IMPACT ON EMPLOYERS AND THE EVOLVING COMPLIANCE STRUCTURE UNDER THE CODE ON SOCIAL SECURITY, 2019 THE CODE ON SOCIAL SECURITY 2019 - Impact analysis 41

The Code on Social Security, 2019 Arrangement of Clauses CHAPTER I PRELIMINARY CLAUSES 1 Short title, extent and commencement 2 2 -A CHAPTER II Definitions Registrations of factories and establishment Social Security Organizations 3 Central Board of Trustees 4 Employees’ State Insurance Corporation 5 Unorganized workers social security Board 6 State Building workers welfare Boards 7 Disqualification & removal of a member of any SSO 8 Procedure of SSO, etc 9 Advisory Committees 10 Executive heads of the SSOS 11 Supersession of the Corporation, CBT, UWNSSB, SUWSSB 12 State Boards, Regional Boards, Local Committees, etc. 13 Entrustment of additional functions to SSOS 42

The Code on Social Security, 2019 Arrangement of Clauses Chapter III Employees Provident Fund 14 Appointment of officers of the CB 15 Schemes 16 Funds 17 Contribution in respect of employees and contractors 18 Option to become member of NPS or any other Govt approved scheme 19 Option to return to schemes framed under this chapter 20 Fund to be recognized under Act 43 of 1961 21 Priority of payment of contributions over other debts 22 Chapter not to apply to certain establishment 23 Authorizing certain employers to maintain provident fund accounts 24 Transfer of accounts 25 Appeal to the Tribunal 43

The Code on Social Security, 2019 Arrangement of Clauses Chapter IV Employees State Insurance Corporation 26 Principal officers and other staff 27 Employees’ State Insurance Fund 28 Purposes for which the Fund may be expended 29 Holding of property 30 All employees to be insured 31 Contributions 32 Administrative expenses 33 Provisions as to payment by PE, etc 34 Benefits 35 Corporations’ power to promote measures for health, etc, of insured persons 36 Presumption as to accident arising in course of employment 37 Accidents happening while acting in breach of law, etc. 44

The Code on Social Security, 2019 Arrangement of Clauses Chapter IV Employees State Insurance Corporation 38 Occupational Disease 39 References to Medical Board 40 Dependent’s benefit 41 Medical benefit 42 Option for employee to opt out from the Medical Benefit or Sickness Benefit 43 Provision of medical treatment by State Govt. or by the Corporation 44 General Provisions as to benefits 45 Corporations’ rights when an employer fails to register, etc 46 Liability of owner or occupier if factories, etc, for excessive sickness benefit 47 Scheme for other beneficiaries 48 Exemption of factories /establishments belonging to Govt. or any LA. 45

The Code on Social Security, 2019 Arrangement of Clauses Chapter IV Employees State Insurance Corporation 49 Contributions, etc, due to Corporation to have priority over other debts 50 Constitution of Employees’ Insurance Court 51 Matters to be decided by Employees’ Insurance Court 52 Powers of Employees’ Insurance Court 53 Proceedings of employees’ Insurance court 54 Appeals from orders of Employees’ Insurance Court. 46

The Code on Social Security, 2019 Arrangement of Clauses Chapter V GRATUITY 55 Payment of Gratuity 56 Continuous Service 57 Nomination 58 Determination of amount of gratuity 59 Compulsory insurance 60 Competent authority 47

The Code on Social Security, 2019 Arrangement of Clauses Chapter VI Maternity Benefit 61 Employment of, or work by, women prohibited during certain period 62 Right to payment of maternity benefit 63 Continuance of payment of maternity benefit in certain cases 64 Notice of claim for maternity benefit ad payment thereof 65 Payment of maternity benefit in case of death of a woman 66 Payment of medical bonus 67 Leave for miscarriage, etc 68 Nursing breaks 48

The Code on Social Security, 2019 Arrangement of Clauses Chapter VI 68 A Maternity Benefit Crèche facility 69 Dismissal for absence during pregnancy 70 No deduction of wages in certain cases 71 forfeiture of maternity benefit 72 Duties of Employer 73 Power of ICUMF to direct payments to be made 49

The Code on Social Security, 2019 Arrangement of Clauses Chapter VII Employees Compensation 74 Reporting of accident, injury, death and occupational diseases 75 Employer’s liability for compensation 76 Compensation in case of death of or injury in plantation 77 Amount of compensation 78 Compensation to be paid when due and damages for default 79 Method of calculating monthly wages for purposes of compensation 80 Review 81 Commutation of half yearly payments 50

The Code on Social Security, 2019 Arrangement of Clauses Chapter VII Employees Compensation 82 Distribution of compensation 83 Notice and claim 84 Special provisions relating to accidents occurring outside Indian territory 85 Medical examination 86 Contracting 87 Remedies of employer against stranger 88 Insolvency of employer 89 Power to require from employers statements regarding fatal accidents 90 Registration of agreements 51

The Code on Social Security, 2019 Arrangement of Clauses Chapter VII Employees Compensation 91 Reference of competent authority 92 Appointment of competent authority 93 Venue of proceedings and transfer 94 Form of application 95 Power of competent authority to require further deposit in cases of fatal accident 96 Powers and procedure of competent authority 97 Appearance of parties 98 Method of recording evidence 99 Power to submit cases 100 Appeals 52

The Code on Social Security, 2019 Arrangement of Clauses Chapter VIII Building and Other Construction Workers Welfare Cess 101 Levy and collection of cess 102 Interest payable on delay in payment of cess 103 Power to exempt from cess 104 Assessment of cess 104 A 105 Penalty for non-payment of cess within the specified time Appeals 53

The Code on Social Security, 2019 Arrangement of Clauses Chapter IX Social Security for Unorganized Workers 106 Framing of scheme 107 Funding of State Government Schemes 108 Record keeping 109 workers facilitation centers 110 Registration of unorganized worker 110 A Schemes for gig workers and platform workers 54

The Code on Social Security, 2019 Arrangement of Clauses Chapter X Finance and Accounts 111 Accounts 112 Audit 113 Budget estimates 114 Annual report 115 Valuation of assets and liabilities 116 Holding of property etc 117 Writing off of losses. 55

The Code on Social Security, 2019 Arrangement of Clauses Chapter XI Authoriti 127 es, Assessment, Compliance and Recovery 118 Appointment of ICUMF and their powers 119 Maintenance of records, registers, returns, etc 120 Employer not to reduce wages, etc. 121 Assessment and determination of money dues from employer 122 Review of orders passed under Section 121 123 Appeal against the order of the authorised officer 124 Determination of escaped amount 56

The Code on Social Security, 2019 Arrangement of Clauses Chapter XI Authoriti 127 es, Assessment, Compliance and Recovery 125 Interest on amount due 126 Power to recover damages 127 Recovery of amount due 128 Validity of certificate, and amendment thereof 129 Other modes of recovery 130 Application of certain provisions of Income-tax Act 131 Appeal against the order of Recovery Officer. 57

The Code on Social Security, 2019 Arrangement of Clauses Chapter XII Offences and Penalties 132 Penalty for failure to pay contributions, etc 133 Enhanced punishment in certain cases after previous conviction 134 Offences by companies 135 Cognizance of offences 136 Prior opportunity before prosecution 137 Compounding of offences 58

The Code on Social Security, 2019 Arrangement of Clauses Chapter XII Miscellaneous 138 Application of aadhaar 139 Power to exempt establishment 140 Liability in case of transfer of establishment 141 The members, officers and staff to be public servants 142 Protection of action taken in good faith 143 Misuse of benefits 144 Power of the Central Government to give directions 145 Power to frame schemes 59

The Code on Social Security, 2019 Arrangement of Clauses Chapter XII Miscellaneous 146 Protection against attachment etc 147 Powers to amend Schedule 148 Power of the appropriate Government to make rules 148 Power of Central Government to make rules 150 Power of State Government to make rules 151 Power of corporation to make regulations 152 Prior publication of rules, regulations etc. 60

The Code on Social Security, 2019 Arrangement of Clauses Chapter XII Miscellaneous 153 Rules to give effect to arrangements with other countries for the transfer of money paid as compensation 154 Laying of Rules and Regulations and schemes etc 155 Effect of Laws and agreements inconsistent with this Code 156 Power to remove difficulties 157 Repeal and savings. 61

Code on SS vs. Repealed Enactments ACT DEFINITIO NS SECTIONS SCHEDULE S RULES FORMS/NOTIF ICATIONS EC A, 1923 13 44 4(C)/5(S) 3/80 1 - 36 ESI A, 1948 31 133 2 15/70 EPF&MP A, 1952 24 68 4 MB A, 1961 16 33 6/16 A-M PG A, 1972 19 20 5/20 A-T CWWF A, 1981 6 11 12/42 A-F BOCWC A, 1996 4 15 8/15 2 FORMS UWSS A, 2008 14 17 2 5/12 3 FORMS TOTAL 127 341 13 SS CODE, 2019 74 157 7 5 62

State Govt, 140 • Key Actors: Employer, 476 Central Govt, 347 App Govt, 135 Worker, 223 Employee, 610 63

Important Definitions • • Agent Aggregator Employee- definition varies in accordance with the chapters in the code-also a person declared to be an employee by the app. Govt. Fixed Term Employment Gig worker – ‘a person who performs work or participated in a work arrangement and earns from such activities outside of traditional employer-employee relationship’ Manufacturing process- includes development of software Platform work – ‘an employment form in which organisations or individuals use an online platform to access other organisations or individuals to solve specific problems or to provide specific services in exchange for payment. 64

Important Definitions • • • Platform worker – ‘is a person engaged in or undertaking platform work’ Social security – ‘means the measures of protection afforded to worker to ensure access to health care and to provide income security, particularly in cases of old age, unemployment, sickness, invalidity, work injury, maternity or loss of a breadwinner by means of rights enshrined and schemes framed under the code’. Unorganised worker – HBW, SEW, DW, & includes a worker in the organised sector not covered under ID Act, ESI, EPF. Wages – same as in other codes. Woman Worker – same as in other codes 65

Authorities under the Code • • • CEO of the Central Board/Corporation/NSSB Authorized Officer of the CB/Corporation for determination and assessment of the dues of the CB/Corporation Competent Authority (App. Govt) I cum F (Cl. 118) Recovery Officer (CG) 66

Social Security Organisations • • EPFO (Central Board of Trustees) ESIC Unorganised Workers National Social Security Board State Unorganised Workers Social Security Board State Building Workers Welfare Board Central Advisory Committee for UWWB State Advisory Committee for UWWB 67

Substantial Compliance • • • Every establishment SHALL register under this code Contributions by the employer under the EPFS/PF/IF. All employees to be insured. Gratuity SHALL be payable to an employee. On termination of his contract period under FTE On happening any such even as may be notified by the CG. Employer SHALL arrange to pay the amount of gratuity within 30 days from the date it becomes payable. Simple interest. Compulsory insurance to be obtained by an employer 68

Substantial Compliance • • • No Employer SHALL knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy. Employer SHALL be liable for the payment of maternity benefit… Employer’s liability to pay MB in case of death of a woman. Nursing breaks/creche facility Role/powers of Icum. F in MB cases. 69

Substantial Compliance • • Every Employer SHALL report accidents, injury, death and occupational diseases. Employer’s liability to pay compensation 70

Social Security for gig workers • Social security schemes for gig workers and platform workers – life and disability cover – Health and maternity benefits – Old age protection – Any other benefits as determined by CG The role of aggregators in the scheme/manner of administration/sources of funding to be decided. 71

IMPACT ON EMPLOYERS AND THE EVOLVING COMPLIANCE STRUCTURE UNDER INDUSTRIAL RELATIONS CODE, 2019 THE CODE ON INDUSTRIAL RELATIONS 2019 - Impact analysis 72

The Industrial Relations Code, 2019 Arrangement of Clauses CHAPTER I PRELIMINARY CLAUSES 1 Short title, extent and commencement 2 CHAPTER II Definitions BI-PARTITE FORUMS 3 Works Committee 4 Grievance Redressal Committee CHAPTER III TRADE UNIONS 5 Registrar of Trade Unions 6 Criteria for registration 7 Provisions to be contained in constitution or rules of Trade Union 8 Application for registration, alteration of name and procedure thereof 9 Registration of Trade Union and cancellation thereof 10 Appeal against non-registration or cancellation of registration 73

The Industrial Relations Code, 2019 Arrangement of Clauses CHAPTER III 11 Communication to Trade Union and change in its registration particulars 12 Incorporation of a registered Trade Union 13 Certain Acts not to apply to registered Trade Union 14 Recognition of negotiating union or negotiating council 15 Objects of general fund, composition of separate fund and membership fee of Trade Union. 16 Immunity from civil suit in certain cases 17 Criminal conspiracy in furtherance of objects of Trade Union 18 Enforceability of agreements 74

The Industrial Relations Code, 2019 Arrangement of Clauses CHAPTER III 19 Right to inspect books of Trade Union 20 Rights of minor to membership of Trade Union 21 Disqualification of office-bearers of Trade Unions. 22 Adjudication of disputes of Trade Unions. 23 Proportion of office-bearers to be connected with industry 24 Change of name, amalgamation, notice of change and its effect. 25 Dissolution 26 Annual returns 27 Recognition of Trade Unions and Central and State level. 75

The Industrial Relations Code, 2019 Arrangement of Clauses CHAPTER IV STANDING 37 ORDERS 28 Application of this chapter 29 Making of model standing orders by Central Government and temporary application 30 Preparation of draft standing orders by employer and procedure for certification 31 Certifying officers to have powers of civil court 32 Appeals 33 Date of operation of standing orders and its availability 34 Register of standing orders 76

The Industrial Relations Code, 2019 Arrangement of Clauses CHAPTER IV STANDING ORDERS 35 Duration and modification of standing orders 36 Oral evidence in contradiction of standing orders not admissible 37 Interpretation, etc, of standing orders 38 Time limit for completing disciplinary proceedings and liability to pay subsistence allowance 39 Power to exempt 77

The Industrial Relations Code, 2019 Arrangement of Clauses CHAPTER V NOTICE OF CHANGE 40 Notice of Change 41 Power of appropriate Government to exempt CHAPTER VI 42 VOLUNTARY REFERENCE OF DISPUTES TO ARBITRATION Voluntary reference of disputes to arbitration 78

The Industrial Relations Code, 2019 CHAPTER VII MECHANISM FOR RESOLUTION OF INDUSTRIAL DISPUTES 43 Conciliation officers 44 Industrial Tribunal 45 Finality of constitution of Tribunal 46 National Industrial Tribunal 47 Decision of Tribunal or National Industrial Tribunal 48 Disqualification o=for members of Tribunal and National I T 49 Procedure and powers of arbitrator, conciliation officer, T & NIT 50 Powers of T & NIT to give appropriate relief in case of discharge/dismissal of worker 51 Transfer of pending cases 79

The Industrial Relations Code, 2019 52 Adjustment of services of presiding officers under repealed Act 53 Conciliation and adjudication of dispute 54 Functions of N I T 55 Form of award, its communication and commencement 56 Payment of full wages to worker pending proceedings in Higher courts 57 Persons on whom settlements and awards are binding 58 Period of operation of settlements and awards 59 Recovery of money due from employer 60 Commencement and conclusion of proceedings 61 Certain matters to be kept confidential. 80

The Industrial Relations Code, 2019 CHAPTER VIII STRIKES AND LOCKOUTS 62 Prohibition of strikes and lock-outs 63 Illegal strikes ad lock-outs 64 Prohibition of financial aid to illegal strikes or lock-outs CHAPTER IX LAY-OFF, RETRENCHMENT AND CLOSURE 65 Application of sections 67 to 69 66 Definition of continuous service 67 Rights of workers laid-off for compensation, etc 68 Duty of an employer to maintain muster rolls of workers 81

The Industrial Relations Code, 2019 CHAPTER IX LAY-OFF, RETRENCHMENT AND CLOSURE 69 Workers not entitled for compensation in certain cases 70 Conditions precedent to retrenchment of workers 71 Procedure for retrenchment 72 Re-employment of retrenched worker 73 Compensation to workers in case of transfer of establishment 74 Sixty days’ notice to be given of intention to close down any undertaking 75 Compensation to workers in case of closing down of undertakings 76 Effect of laws inconsistent with this Chapter 82

The Industrial Relations Code, 2019 CHAPTER X SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN ESTABLISHMENTS 77 Application of this chapter 78 Prohibition of lay-off 79 Conditions precedent to retrenchment of workers to which Chapter X applies 80 Procedure for closing down an undertaking 81 Duty of an employer to maintain muster rolls of workers 82 Certain provisions of chapter IX to apply to industrial establishment to which this Chapter applies 83

The Industrial Relations Code, 2019 CHAPTER XI 83 CHAPTER XII 84 WORKER RE-SKILLING FUND Worker re-skilling fund UNFAIR LABOUR PRACTICES Prohibition of unfair labour practice CHAPTER XIII OFFENCES AND PENALTIES 85 Power of officers of appropriate Govt. to impose penalty in certain cases 86 Penalties 87 Cognizance of offences 88 Offences by companies 89 Composition of offences 84

The Industrial Relations Code, 2019 CHAPTER XIV MISCELLANEOUS 90 Conditions of service, etc, to remain unchanged under certain circumstances during pendency of proceedings 91 Special provision for adjudication as to whether conditions of service, etc, changed during pendency of proceedings 92 Power to transfer certain proceedings 93 Protection of persons 94 Representation of parties 95 Removal of doubts in interpretation of award or settlement 96 Power to exempt 97 Jurisdiction of civil courts barred 85

The Industrial Relations Code, 2019 CHAPTER XIV MISCELLANEOUS 98 Protection of action taken under Code 99 Power to make Rules 100 Delegation of powers 101 Power to amend Schedules 102 Amendment of Act 7 of 2017 103 Power to remove difficulties 104 Repeal and savings Three Schedules. 86

THE I R Codes vs. Repealed Enactments ACT DEFINITIONS SECTIONS SCHEDULES RULES FORMS/ NOTIFICATIONS T U A, 1926 8 35 I -III 3/21 A-F IE(S 0) A, 1946 9 20 Two Schedules 2/11 I - III I D A, 1947 38 82 5 9/93 A-QB TOTAL 55 137 10 14/125 IR CODE, 2019 38 104 3 87

Key Actors: Central Govt, 69 State Govt, 30 Employer, 230 App Govt, 160 Employee, 20 Worker, 414 88

Key Highlights • • No Labour Courts No Boards of Conciliation “Employee” definition introduced for the first time (Not mentioned in the 3 repealed acts); but mentioned in all other 3 codes “Employer” definition found in all other 3 codes “Fixed term employment”- means the engagement of a worker on the basis of a written contract of employment “Industry” definition classic and four exclusions are mentioned. “negotiating union or negotiating council” – Sec. 14 Code doesn’t define ‘Public utility service’. 89

Key Highlights • • “retrenchment” does not include termination of service of the worker as a result of completion of tenure of FTE. “Trade Union dispute”-means any dispute relating to Trade Union arising between two or more Trade Unions or between the members of a Trade Union inter se. (Trade Dispute removed) “Wages” -2 provisos. Except OSH code, all the three code define wages similarly. “Worker” All the four codes define worker. However, T U Act had not defined, but the code includes worker under Chapter III, covering workers defined under the UWSS Act, 2008. 90

Key Highlights • • Bi-partite forums: Works Committee Grievance Redressal Committee – Many changes made/ Issues to be handled-right of workman removed-Appeal not with management-Appeal with Conciliation officer. Appeal under the Trade Union- Tribunal Recognition of negotiating union or negotiating council – matters to be prescribed. If only one TU – Employer shall recognize such TU as sole NU of the workers More than one TU- 75%> workers on muster roll supporting that TU shall be recognized by the App. Govt or any officer as the sole NU of the workers 91

Strikes & Lockouts • Prohibition of strikes – Differences (S. 22(1). • Public utility services has been removed ‘industrial establishment’ inserted. • Under 7 circumstances: • 60 days before strike notice • Within 14 days of giving such notice • Before the expiry of the date of strike specified. • During pendency of conciliation proceedings and 7 days after conclusion • During the pendency of proceedings before T/NT & 60 days after conclusion. • During pendency of arbitration proceedings and 60 days after conclusion • During any period of operation of a settlement or award. 92

Chapter V-A vs. Chapter IX • • S 25 (A) is copied in S 65(1)- Applicability S 25(B) is copied in S 66 –Continuous service S 25(C) is copied in S 67 –Right of workers laid off for compensation S. 25 (F) is copied in S 70 –conditions precedent to retrenchment of workers S 25(FF) is copied in S 73 –compensation to workers in case of transfer of establishment S 25(FFA) is copied in S 74 - 60 days notice S 25(FFF) is copies in S 75 –Compensation in case of closing down of an establishment. 93

Chapter V-B vs. Chapter X • • S 25 (K) is copied in S 77 - Applicability –Notification by the App. Govt is required to determine number of workers S 25(M) is copied in S 78 –Prohibition of layoff (10 subsections included) S 25(N) is copied in S 79 –Conditions precedent to Retrench workers (9 subsections included) S. 25 (O) is copied in S 80 –Procedure to close down an undertaking (8 subsections included) 94

Key Highlights • • Worker-re-skilling Fund to be established. Employer to contribute to this Fund in case of retrenchment or closure for every worker. App. Govt to appoint officers not below the rank of Under Secretary to conduct enquiry and to impose penalty in certain cases. Maximum penalty Rs 20 Lakhs. Totally 20 penalties are suggested in the code App Govt may appoint Gazetted officer to compound certain offences for a sum of 50% of the maximum fine. Not applicable for second offence, etc. Repealing of three labour laws. 95

Delegation powers under Labour Codes COW, 2019 OSH CODE SS CODE IR CODE Appropriate Government 29 matters 50 matters 30 matters 59 matters Central Government 9 matters 26 matters 97 matters 21 matters 17 matters State Government 96

Nature of Power to exemption COW 2019 Nature of No power of exemptions OSH CODE SS CODE IR CODE Power of appropriate Govt to exempt establishments from all or any of the provisions but not employees Power exemption only by CG all or any of the provisions (EPF/ESIC) Both establishments and employees App. Govt may exempt only selected provisions of any Industrial establishments /undertakings, conditionally or unconditionally. Employees not exempted. 97

Dr. G. MANJUNATH, KLS, Ph. D Additional Labour Commissioner Government of Karnataka Email id: manju_alc@yahoo. co. in Website: http: //drmanjunathg. in/ 98