Top Employment Retention Strategy 2023!

by Prompt Personnel | Nov 16, 2022 | Human Resources, Uncategorized

Occupational Safety, Health and Working Conditions Code

by | Oct 1, 2020 | Human Resources, Uncategorized

Introduction

Occupational Safety, Health and Working Conditions Code, 2020 emphasizes on health, safety and welfare of the workers employed in various sectors like industry, trade, business, manufacturing, factory, motor transport undertaking, building and other construction work, newspaper establishments, audio-video production, plantation, mine and dock-work and service sectors.

The Code makes mandatory provisions for the employers to provide a safe working environment and trying to cover the risk of unfortunate incidents arising in the course of employment.

Key Highlights

• The Code aims at lessening the burden of the employers as it would replace multiple registrations under various enactments to one common registration, one licence and one return which will ultimately create a consolidated database centrally and will be helpful under ease of doing business.
• The workplace should be kept free from hazards that cause or likely to cause injury or occupational disease to the employees
• Employers are required to conduct free annual health check-up for their employees.
• Issuance of appointment letter to every employee on their appointment in the establishment
• Workers / Employees are entitled to receive overtime amount at the rate of twice the wage.
• Employers or Contractors are responsible to provide welfare facilities to inter-state migrant workers.
• Employers are required to provide facilities such as ventilation, humidification, potable drinking water, adequate lighting, creche, washing facilities, bathing places, locker rooms etc.
• The licence issued by the appropriate authority for inter-state migrant workers shall be made electronically.
• Contractor operating in more than one state will have one licence from the Central Government and the validity of Licence will be 5 years and may be renewed thereafter.
• The contractor shall apply for amendment of licence along with security deposit in case if there is increase in number of the contract labour.
• Workers employed in Transport, Sales Promotion and Journalism have special work hour and leave requirements specified.
• Employer in construction business cannot hire workers with defective vision, deafness, or a tendency for giddiness, if there’s risk of accident.
• The employer to pay yearly journey allowances to every inter-state migrant worker a lump-sum amount of fare for to-and-fro journey to his native place from the place of his employment.
• Employer in plantation to make provisions for necessary housing accommodation including drinking water, kitchen and toilet, health and recreational facilities, to every worker employed in the plantation (including his family), crèches facilities for plantations having more than 50 workers (including workers employed by any contractor), educational facilities for children of workers between six to twelve years of age.

Industrial Relations Code, 2020

by | Oct 1, 2020 | Human Resources, Uncategorized

Introduction

Industrial Relations Code, 2020 consolidates and amends the laws relating to Trade Unions, conditions of employment in industrial establishment or undertaking, investigation and settlement of industrial disputes. The code combines and simplifies 3 Central Labour Laws – The Trade Unions Act, 1926, The Industrial Employment (Standing Orders) Act,1946 and The Industrial Disputes Act, 1947.

The legislation provides for a broader framework to protect the rights of workers to form unions, to minimise the friction between the employers and workers and to provide provisions for investigation and settlement of industrial disputes.

Key Highlights

• Provision for Gratuity has been made for ‘Fixed Term Employee’ if employee render service under the contract for a period of one year.
• The code provides that the fixed term employee will get all (Social Security) statutory benefits like ESI, EPF, bonus, wages, hours of work, etc at par with regular employees who are doing work of same or similar nature.
• The termination of the service of a worker as a result of completion of tenure of fixed term employment would not be a retrenchment.
• Definitions modified  under the code i.e. Industrial Dispute, Railway, Employee, Employer and Industry etc.
• Trade union to give notice of 14 days before going on strike
• Arrangement for going to the Tribunal has been made for resolving disputes arising between Trade Unions. 
• It raises the threshold for the requirement of a standing order from 100 to 300 workers.
• Efforts made by the Government for quickly resolving disputes of the workers :
• Introduced provision to refer the matter straight to the Tribunal in case the dispute is not resolved at conciliation stage.
• Provision for the Worker RE-Skilling fund has been made in the law to re-skill those workers who have been fired from their jobs. Employer to give additional 15 days salary to such employee.
• Employee of an Industrial raise dispute with the employer within the time limit of only 2 years instead of 3 years.
• The definition of worker will be based on the basis of wages being drawn by him and Worker/Employees with salary upto Rs 18,000 p.m.
• Industrial Relations Code Bill allows companies with up to 300 workers to lay off people without the state government’s approval.
• if over 50% of a company’s workers take concerted casual leave, it will be treated as a strike.
• A fine of  INR 1,00,000, which may extend upto INR 10,00,000, is leviable on any person who contravenes this provision.

The Code On Social Security, 2020

by | Oct 1, 2020 | Human Resources, Uncategorized

Introduction

The Code on Social Security, 2020 is a code to amend and consolidate the laws relating to social security with the goal to extend social security to all employees and workers either in the organised or unorganised or any other sectors. 

The Social Security Code, 2020 brings unorganised sector, gig workers and platform workers under the ambit of social security schemes, including life insurance and disability insurance, health and maternity benefits, provident fund, etc. The Act amalgamates nine central labour enactments relating to social security. 

Key Highlights

• New Category of workers have been included under this code ( i.e. Gig workers, Platform work and Unorganized worker) and discussed on their social security benefits.
• The Code on Social Security Bill extends social security funds to workers for app-based firms.
• Renamed the designation of Inspector as Inspector cum Facilitator who is expected to supply information and give advice to employers and  workers concerning the most effective means of complying with the provisions of the proposed Code.
• Modified the definition of ‘wages’ and divided definition in three parts for easy calculation.
• Effort have been made to provide right to health security under ESIC to maximum possible workers.
• Establishments working in hazardous sectors would mandatorily be linked with ESIC, even if there is only one worker working in it.
• If any employer fails to pay ESI contributions, even then ESI has to pass on the benefits to the employee which ESIC can recover it from the employer to the extent of the capitalised value of the benefit net of any payment of contribution amount, interest and damages payable by the employer.
• No Exemption under EPFO and the coverage would be applicable on ALL establishments having 20 and above number of workers.
• Increase in penalty and term of imprisonment under EPFO.
• Provision for Gratuity has been made for ‘Fixed Term Employee’ and there would not be any condition for minimum service period to avail the benefits.
• The threshold Gratuity period for working journalists reduces from five years to three years.
• it has been made mandatory for all establishments with 20 or more workers to report the vacancy position in their establishments. This information would be given on online portal.
• Every woman is entitled for Medical Bonus of up to Rs 3,500/- where pre-natal confinement and post-natal care is not provided by employer whose upper limit can be amend by the Central government upto Rs 20000/-, this upper limit of Rs 20000/- has been removed under the code.