The Working Journalist &\nOther News Paper Employees (Conditions of Service & Miscellaneous Provision)\nAct, 1955.<\/li>\n<\/ul>\n\n\n\nThe\nCode applies to the following:<\/em><\/strong><\/p>\n\n\n\n\n- Workers & all other\nindividuals engaged in an administrative, managerial, or supervisory role (with\nmonthly wages of at least Rs. 15,000\/-);<\/li>\n\n\n\n
- Establishments employing at least\n10 workers & irrespective of the number of workers in all docks &\nmines;<\/li>\n\n\n\n
- Contact Labour engaged via a\ncontractor in the offices of the State and the Central Government;<\/li>\n\n\n\n
- Specific provisions of the Code,\nlike working & health conditions, apply to all employees, excluding\napprentices.<\/li>\n<\/ol>\n\n\n\n
The\nfollowing are the crucial features of the Occupational Safety, Health &\nWorking Conditions Code, 2020:<\/em><\/strong><\/p>\n\n\n\n\n- All the establishments must\nprovide bathing places, locker rooms & washrooms for male, female &\ntransgender employees or workers.<\/li>\n\n\n\n
- Employers are required to conduct\nannual health check-ups for the employees to promote formalisation at the\nworkplace.<\/li>\n\n\n\n
- Special provisions specify leave\nrequirements & working hrs for workers employed in journalism, transport\n& sales.<\/li>\n\n\n\n
- Provisions are included\nconcerning the women’s employment between 7 PM to 6 AM with conditions\nconcerning their consent & safety, holidays and working days. If the\nwomen’s employment is dangerous for their safety & health, the employer\nwill provide protection to them before their employment.<\/li>\n\n\n\n
- Provisions have been introduced\nfor the employer to take consent or approval from the employee for OT (Over\nTime) work. It will apply to a small establishment also with up to 10 workers.\nMoreover, the workers shall get twice the wages for their overtime work.<\/li>\n\n\n\n
- The employer shall compulsorily\nissue an Appointment Letter (AL) to the employee to promote formalisation at\nthe workplace.<\/li>\n\n\n\n
- Leave encashment during dismissal\nor discharge, superannuation or death at the time of employment is laid out under\nSection 32 of the Code. Provisions concerning leave encashment are available at\nthe end of the calendar year. The Code gives for carry-forward of leaves in\ncase a worker doesn’t avail of the leave allowed to him or her in any calendar\nyear. However, the total number of leaves that may be carried forward cannot\nexceed 30 days & any leave with wages that have been declined can be\ncarried forward without limit.<\/li>\n\n\n\n
- This Code prohibits contact\nlabour in core activities except where:\n
\n- The activities are such that they\ndon\u2019t require full-time workers for a specific portion of the day;<\/li>\n\n\n\n
- There is an unexpected increase\nin a load of work in the core activity, which should be completed in a given\ntime;<\/li>\n\n\n\n
- The general establishment\nfunctioning is such that the activity is normally done via a contractor.<\/li>\n<\/ul>\n<\/li>\n<\/ol>\n\n\n\n
Code on Wages,\n2019 \u2013 Labour Codes in India<\/h3>\n\n\n\n
This\nCode seeks to regulate bonus & wage payments in all employments where any\ntrade, business, industry, or manufacture is carried out. The Code will apply\nto all the employees and the Central Government of India will make wage-related\ndecisions for employment like mines, railways & oil fields. State\nGovernments in India will make decisions for all other employees. It\nincorporates 4 legislations:<\/p>\n\n\n\n
\n- The Minimum Wage Act,<\/li>\n\n\n\n
- The Equal Remuneration Act,<\/li>\n\n\n\n
- The Payment of Wages Act,<\/li>\n\n\n\n
- The Payment of Bonus Act, 1965.<\/li>\n<\/ol>\n\n\n\n
The\nmain features of the Code on Wages, 2019 are:<\/em><\/strong><\/p>\n\n\n\n\n- The Central or State Government\nshall not exceed 5 years to revise minimum wages.<\/li>\n\n\n\n
- As per the conditions applicable\nin the Code of Wages, the employer\/worker shall pay wages not less than 50% of\nthe total remuneration. The computation of wages will comprise retaining allowance,\nbasic pay & dearness allowance and it excludes conveyance, overtime\nallowance, house rent allowance, statutory bonus, conveyance, and commissions.\nA minimum 50% of the Cost-to-Company shall comprise basic pay & dearness\nallowance.<\/li>\n\n\n\n
- The employees whose wages do not\nsurpass a definite monthly amount are eligible for an annual bonus of a minimum\nof 8.35% of their wages\/Rs. 100\/-, whichever is higher. According to the Code,\nan employee can get a maximum bonus of 20% of their annual wages.<\/li>\n\n\n\n
- The Payment of Wages Act applies\nto employees only under wages less than Rs. 24,000\/month. This threshold limit\nis being removed under the Code on Wages now. Therefore, the Code on Wages\nshall apply to all employees irrespective of monthly wages.<\/li>\n\n\n\n
- The Code provides a usual\ndefinition of the Wages term as opposed to the various definitions specified\nunder the Payment of Wages Act, 1936, the Payment of Bonus Act, 1965 & the\nMinimum Wages Act, 1948.<\/li>\n\n\n\n
- The Central & State\nGovernments shall constitute Advisory Boards as per the Code’s provisions. The\nCentral Advisory Board shall include members representing employees &\nemployers, including independent individuals and 5 State Government\nrepresentatives. The State Advisory Board shall include representative members\nof employees & employers comprising an independent individual.<\/li>\n\n\n\n
- According to the Code, the Central\nGovernment of India will fix the floor wage, considering workers; living\nstandards. Remember that the floor wages will be different for different\nlocations.<\/li>\n\n\n\n
- The minimum wage decided by the\nState or Central Governments must be higher than the floor wage. In case the\nminimum wages fixed by the State Government or Central Government are higher\nthan the floor wage, they cannot lower the minimum wages.<\/li>\n\n\n\n
- The employer has the right to\ndeduct wages, including absence from duty, fines, and accommodation given by\nthe employer\/the advance payment made to the employee. Remember that the\ndeductions shouldn\u2019t be more than 50% of the total wage of the employee.<\/li>\n\n\n\n
- It\nprohibits employers from paying fewer wages than the minimum wage. The State or\nCentral Governments, as the instance may be, must notify minimum wages based on\nthe following:\n
\n- Workers’ skills;<\/li>\n\n\n\n
- Work difficulty;<\/li>\n\n\n\n
- Time or number of pieces\nproduced.<\/li>\n<\/ul>\n<\/li>\n\n\n\n
- State Advisory Boards (SABs) will\nconsist of employees, employers & independent persons. Further, 1\/3 of the\ntotal members of the State Boards & Central Boards will be women. The State\nand Central Boards will advise the appropriate Governments on various issues\ncomprising:\n