Key Provisions

Key Provisions

Applicability Criteria

Different applicability thresholds based on establishment type.

  • Any industry, trade, business, manufacturing - in which ten or more workers are employed
  • Motor transport undertaking, newspaper establishment, audio-video production, building and other construction work or plantation - ten or more workers employed
  • Factory - 10 or more workers employed
  • Mines, ports - no threshold
  • No thresholds for hazardous and life threatening activities

Single Registration

One registration for establishment under this Code within 60 days.

  • Single window registration for establishments
  • Registration for establishments with 10 or more workers
  • Common license for factory, contract labour and beedi establishments
  • Validity period as prescribed by appropriate Government
  • Registration within 60 days of applicability date

Appointment Letters

Mandatory issuance of appointment letters to all employees.

  • Every employee to be issued an appointment letter
  • Letter to contain terms and conditions of employment
  • Applicable to all establishments covered under the Code
  • No exemptions based on worker category

Employer's Duties

Comprehensive duties of employers for workplace safety.

  • Provide and maintain safe workplace free from hazards
  • Provide information, instruction and training on safety
  • Provide personal protective equipment
  • Ensure welfare facilities for employees
  • Notify accidents and dangerous occurrences
  • Maintain health and safety records

Employee's Duties

Employees also have statutory duties for workplace safety.

  • Take reasonable care for health and safety of self and others
  • Report to employer any unsafe situation
  • Cooperate with employer in meeting statutory obligations
  • Not misuse any safety equipment provided
  • Comply with safety instructions

Women in All Establishments

Women permitted to work in all establishments for all types of work.

  • Women can work in ALL establishments for ALL types of work
  • Night work (7 PM - 6 AM) permitted with safeguards
  • Employer must ensure safety, security, and dignity
  • Adequate transportation must be provided for night work
  • Consent of woman required for night shifts
  • No discrimination in recruitment or conditions

Contract Labour Provisions

Revised framework for contract labour engagement.

  • Applicability threshold: 50 workers (increased from 20)
  • Work-specific license for contractors (project-based)
  • Contract labour prohibited in core activities with 3 exceptions
  • Exceptions: Sudden increase in work, work not done by regular workers, intermittent work
  • Principal employer responsible for wage payment on contractor default
  • Duties matrix clearly defined between principal employer and contractor

Health and Welfare Facilities

Mandatory welfare provisions for employees.

  • Cleanliness and disposal of wastes
  • Adequate ventilation and temperature control
  • Sufficient lighting (natural and artificial)
  • Potable drinking water
  • Sufficient latrines and urinals (separate for men and women)
  • Washing facilities and locker rooms
  • Canteen where 100+ workers employed
  • First-aid facilities and medical examination
  • Crèche where 50+ women employed
  • Annual health checkup for hazardous processes

Inter-State Migrant Workers

Special provisions for migrant workers with portable benefits.

  • Self-declaration based registration via Aadhaar
  • Portability of benefits across states
  • Annual journey allowance (corrected from one-time)
  • Equal treatment with local workers
  • Toll-free helpline for grievances
  • Applicable to establishments with 10+ inter-state migrants

Deemed Factory Power

Government can declare any premises a factory.

  • Appropriate Government can declare any premises as a factory
  • Applicable regardless of number of workers employed
  • Used to extend safety protections to high-risk premises
  • Notification-based power

National OSH Advisory Board

Central advisory body on occupational safety.

  • National Occupational Safety and Health Advisory Board at Central level
  • State Boards at state level
  • Advisory role on policy and standards
  • Representation of employers, workers and experts
key_provisions-4.txt · Last modified: 2026/03/07 14:53 by compliance_manager

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