LABOUR CODE CLARIFICATIONS BY MINISTRY

1. Whether there is any delay in implementing new labour codes from 1^st April,2021?
2. The ministry stated that the govt has pre published 4 rules that is Code on wages Rules 2020, the industrial relations Code, occupational and safety, health and working Rules, social security Code and is currently seeking stakeholders and public comments.
3.  Provisions related central advisory board under Section 42 and 67 of the Code on wages,2019 have come into effect from 18^th December 2020 and Code on wages (Central Advisory Board) Rules has come into effect from 1^st March,2021.

DETAILS ON PROVISIONS

SECTION 42-

1. The Central Government shall constitute the Central Advisory Board which shall consist of persons to be nominated by the Central Government—

(a)  Representing employers;

(b) Representing employees which shall be equal in number of the members

(c) Independent persons, not exceeding one-third of the total members of the Board; 

(d) Five representatives of such State Governments as may be nominated by the Central Government.

2. The Central Advisory Board constituted under sub-section (1) shall from time to time advise the Central Government on reference of issues relating to––

(a) Fixation or revision of minimum wages and other connected matters;

(b) Providing increasing employment opportunities for women;

(c) The extent to which women may be employed in such establishments or employments as the Central Government may, by notification, specify in this behalf;

(d) any other matter relating to this Code, and on such advice, the Central Government may issue directions to the State Government as it deems fit in respect of matters relating to issues referred to the Board.

SECTION 67-

The appropriate Government may, subject to the condition of previous publication, make rules for carrying out the provisions of this Code. In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:––

(a) The manner of calculating the wages under sub-section (4) of section 6;

(b) the arduousness of work to be taken into account in addition to minimum rate of wages for certain category of workers under clause (b) of sub-section (6) of section 6;

(c) The norms under clause (c) of sub-section (6) of section 6;

(d) the cases and circumstances in which an employee employed for a period of less than the requisite number of hours shall not be entitled to receive wages for a full normal working day, under section 10;

(e) The extent and conditions, which shall apply in relation to certain classes of employees under sub-section (2) of section 13;

(f) The longer wage period for fixation of minimum rate of wages as referred to in section 14;

(g) The manner of deducting loans made from any fund constituted for the welfare of labour under sub-clause (ii) of clause (f) of sub-section (2) of section 18;

(h) The manner of recovery of excess of amount under sub-section (4) of section 18;

(i) The authority to provide approval for imposition of fine under sub-section (1) of section 19;

(j) The manner of exhibition of the acts and omissions to be specified in the notice under sub-section (2) of section 19;

(k) The procedure for the imposition of fines under sub-section (3) of section 19;

(l) The form of the register to record all fines and all realizations thereof under sub-section (8) of section 19;

(m) The procedure for making deductions for absence from duty under sub-section (2) of section 20

2. CLARIFICATION ON WORKING HOURS BEING MODIFIED AND WORK HOURS COULD BE MORE THAN 8 HOURS

The provisions related to working hours as in Factories Act, 1948 are in force and therefore no modifications to it.

Provisions related working hours under the Codes will get implemented after the relevant provisions or rules made there under have come under force.

For further insight and details on the labour Codes read “Retrenchment Laws In India”