There were three Labour Codes introduced in Lok Sabha on 19 Sept 2020 namely:

1.Occupational Safety, Health & Working Conditions Code 2020

2. Industrial Relations Code 2020

3. Code on Social Security 2020

So, under Occupational Safety, Health & Working Conditions Code 2020 there are certain important changes and additions which are explained as under:

·      Occupational Safety, Health & Working Conditions Code 2020 avails free-of-cost annual health check-ups for workers after completion of a certain age in order to that, the diseases could be detected if any and appropriate treatment of the employees can take place before it’s too late.

·      Under Occupational Safety, Health & Working Conditions Code 2020 it is specified that women can work in all establishments late night that is beyond 7pm and before 6am although there are certain safety protocols to be followed and this will not take place without their consent.

So, under Industrial Relations Code 2020 there are certain important changes and additions which are explained as under:

·      If we compare Industrial Relations Code 2020 with Industrial Relations Code 2019, 2020 bill requires the establishments with over 300 workers to seek the permission of the govt. before making any decisions related to closure (that is permanent closing down of a place of employment), lay-off (that is the reduction of a company’s workforce or employee staff) or retrenchment (that is termination by the employer of the service of a workman). Whereas in 2019 bill it was given that the establishment with over 100 employees has to consult the govt. before going ahead with closure, layoff or retrenchment.

·      If we compare Industrial Relations Code 2020 with Industrial Relations Code 2019, a new provision is added in code 2020, regarding Disputes relating to termination of individual worker that when there is any dispute related to discharge, dismissal, retrenchment, or otherwise termination of the services of any individual worker it can be considered under industrial dispute. The worked can apply for adjudication in industrial tribunal forty-five days after the application for the conciliation of the dispute was made.

Code on Social Security 2020

Last year (2019) a code on social security was introduced in parliament and was sent to the standing committee on labour for evaluation. the Code on Social Security, 2020 (Code 2020) was gone along in parliament on 19 Sept 2020 and was passed by the parliament on 23 September 2020

This bill was introduced in Lok Sabha and is to be applicable to everyone all around India.

Code on Social security 2020 covers these nine acts namely:

The Employees’ Compensation Act, 1923;

The Employees’ State Insurance Act, 1948;

The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952;

The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959;

The Maternity Benefit Act, 1961;

The Payment of Gratuity Act, 1972;

The Cine Workers Welfare Fund Act, 1981;

The Building and Other Construction Workers Welfare Cess Act, 1996;

and The Unorganised Workers’ Social Security Act, 2008.

·      This act covers a wide range from organised sector e.g.: EPF (Employees Provident Fund) to miscellaneous act to gratuity act to unorganised worker social security act which is a newer benefit criteria introduced in India, these all are amalgamated in this code of social security.

·      This code defines large number of workers and interestingly introduces new type of workers (e.g.: gig workers)

·      Under this code “employee” has been widely elaborated and has enclosed several other workers to gain advantage of this social security code, and to assist them to secure their employment in various factors.

·      As per the code “employee” means “any person employed on wages by an establishment, either directly or through a contractor, to do any skilled, semi-skilled or unskilled, manual, operational, supervisory, managerial, administrative, technical, clerical or any other work, whether the terms of employment be express or implied, and also includes a person declared to be an employee by the appropriate Govt., but does not include any member of the Armed Forces of the Union”

·      Under this code the definition of the wages has been revised, bifurcating it into classes like basic salaries, compensation, allowances, benefits.

·      In addition to those, it additionally specifies certain specific exclusions that cannot exceed 50% total remuneration.

·      This code is introduced to amend, fortify the laws, and to avoid destitution of basic needs of workers, for not only gig workers (that is freelancers, workers employed on project based work, short term work, that is workers who earns from providing specific service – food delivery etc.) platform worker (there is no such difference between gig worker and platform worker), unorganised worker, but also building workers, contract labours, dependents, exempt employee, home based workers, interstate migrant worker, medical practitioner, self-employed worker, wage worker and women.

·      According to the current bill even the workers, in establishments, where there are minimum number of employees like ten to twenty employees, can expect benefits such as pension, medical insurance etc. however, they are mandatory to employees earning above a certain wage (as notified by the govt.).

·      The code in addition edicts the central govt. to make new schemes for unorganised workers to cover life and disability, old age protection, maternity leaves or the other similar benefits, and also employment injury benefit, educational schemes for children, funerial assistance and skill upgradation for workers.

·      It is made mandatory for every unorganised worker, gig worker or platform worker to register and to produce his Aadhaar number to receive Social Security benefits.

·      There should be assistance given to the workers in form for compensation if the worker faces any serious bodily injury by accident or an occupational disease

·      And if death results from such injuries fifty to sixty percent of the monthly wages of the deceased as explained in the code should be given as assistance to his family.

·      According to the bill EPF (Employees Provident Fund) applicable to any or all establishments with twenty or more employees

·      According to the bill gratuity is made applicable to factories, oil field, port railways, companies with over twenty employers on any day in the year, even once the employer employ an employee for a set term of employment or the deceased employee, he is bound to pay the gratuity.