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Home >> The Occupational Safety, Health and Working Conditions (OSH&WC) Code, 2020

The Occupational Safety, Health and Working Conditions (OSH&WC) Code, 2020

FAQs on the Occupational Safety, Health and Working Conditions (OSH&WC) Code, 2020

Q 1- How many central labour laws have been subsumed under the Code on OSH&WC 2020?

Ans- Total 13 central labour laws have been subsumed under the Code on OSH&WC 2020.

Q 2- Whether OSH&WC Code, 2020 will apply on offices of central and state govt.?

Ans- The Code on OSH&WC, 2020 will not apply on central and state govt. offices but will apply on contract labour employed through contractor in the premises.

Q 3- Whether regularly employed employee of a contractor will be considered as contract labour?

Ans- Regularly employed employee of a contractor will not be considered as contract labour if he is employed on mutually agreed term, with periodical increment and statutory benefits.

Q 4- What is core activity?

Ans- It is the activity for which establishment has been set up and which is necessary and essential for the establishment.

Q 5- Whether contract labour can be deployed on core activities?

Ans- Ordinarily contract labour will not be deployed on core activities.

Q 6- What is the threshold for number of contract labourers for an establishment for obtaining license under the OSH&WC Code, 2020?

Ans- Establishments employing 50 or more contract labourers will require to obtain license under the OSH&WC Code, 2020.

Q 7- What is the requirement of registration under the OSH&WC Code, 2020?

Ans- Establishment employing 10 or more employees need to be registered under the code.

Q 8- Who will be responsible for providing safety, health and welfare facilities to contract labours?

Ans- Principal Employer will be responsible to ensure safety, health and welfare provisions to contract labourers.

Q 9- What is the body prescribed under the code for advising central govt. on administration of the OSH&WC Code, 2020?

Ans- National Occupational Safety and Health Advisory Board have been prescribed under the code to advise central govt. in framing rules, regulations etc.

Q 10- What is threshold for number of workers for constituting safety committee in an establishment under OSH&WC Code, 2020?

Ans- Establishment employing 500 or more workers has to form safety committee consisting of representatives of management and workers.

Q 11- What is threshold for wage ceiling for interstate migrant workers under the code?

Ans- Interstate migrant worker getting wages up to Rs 18000/ per month will be covered under the OSH&WC Code, 2020.

Q 12- What additional benefits have been prescribed to a migrant worker under the OSH&WC Code, 2020?

Ans- Employer has to provide journey allowance once in a year for travelling to and fro native village, portability of public distribution system and for migrant worker in construction work, portability of BOCW Cess fund. 

Q 13- What is threshold for number of workers for providing canteen in an establishment as per the provisions of OSH&WC Code, 2020?

Ans- Establishment employing 100 or more workers including contract labourers has to provide canteen facilities.

Q 14- What is the provision regarding creche facilities under the OSH&WC Code, 2020?

Ans- Establishment employing 50 or more workers has to provide creche facility for the children of employees.

Q 15- What is provision in respect of formalization of employment under the OSH&WC Code, 2020?

Ans- Every employer of an establishment has to issue appointment letter to each and every employee employed by him.

Q 16- What is the employer’s liability towards health examination of employees as per the provisions of OSH&WC Code, 2020?

Ans- Every employer has to provide facilities for annual health check up free of cost for the employees of prescribed age.

Q 17- What are prescribed daily and weekly hours of work under the OSH&WC Code, 2020?

Ans- The prescribed daily and weekly hours of work under the OSH&WC Code, 2020 are 8 hours a day and 48 hours a week respectively.

Q 18- What is the minimum criterion in terms of number of days for a worker to be eligible for annual leave with wages as per the provisions of OSH&WC Code, 2020?

Ans- A worker should have worked for 180 or more days in a calendar year to be eligible for annual leave with wages.

Q 19- Can a worker be deployed on overtime work without his/her consent as per the provisions of OSH&WC Code, 2020?

Ans- No, consent of a worker is necessary before deploying him/her on overtime work.

Q 20- Can a woman employee be deployed on night shift as per the provisions of OSH&WC Code, 2020?

Ans- Yes, a woman employee can be deployed on night shift (before 6 a.m. and after 7 p.m.) after obtaining her consent and subject to her safety, health & suitable working conditions.