Occupational Safety, Health and Working Conditions Code, 2020
The Occupational Safety, Health and Working Conditions Code (OSH Code), 2020 consolidates 13 existing labour laws regulating safety, health standards, and working conditions. It covers factories, mines, dock workers, building and construction workers, plantations, motor transport workers, contract labour, inter-state migrant workers, journalists, cine workers, and sales promotion employees. The code introduces a single registration and licensing regime, and significantly expands coverage to IT and service sector establishments.
Key Changes
- Single registration through Shram Suvidha Portal for all establishments — replaces multiple registrations across different laws
- All factories, mines, docks, and construction sites covered under common safety and health standards
- Inter-state migrant workers (ISMW) now entitled to all benefits including portability of ration and welfare fund
- Contract labour provisions extended to all establishments employing 50+ contract workers (previously 20+)
- Working time flexibilities: 4-day work week permissible with maximum 12-hour workdays (subject to state rules)
- Employer must provide appointment letter to every worker with details of employment terms
- Consolidation of 13 major acts including Factories Act, Mines Act, Contract Labour Act, Building and Construction Workers Act
- Women permitted to work night shifts with adequate safety measures, consent, and employer-provided transport
Employer Impact
- Single licence/registration via Shram Suvidha Portal reduces administrative burden of managing multiple registrations
- Contract labour compliance threshold increased to 50 workers — reduced compliance for smaller establishments
- Appointment letter mandatory for all workers — must include wages, job role, location, and benefits
- Inter-state migrant worker obligations: displacement allowance, journey allowance, and annual paid travel to native place
- Flexibility in working hours including 4-day week option (requires mutual consent)
- Night shift for women requires CCTV coverage, secure transport, and adequate lighting
- Stricter penalties for safety violations — up to Rs. 3 lakhs for serious non-compliance and 2 years imprisonment
- Hot weather provisions: free drinking water, rest rooms, and cooling arrangements mandatory
Employee Impact
- Universal safety and health standards across all sectors — including IT and services for the first time
- Inter-state migrant workers gain enhanced protection: portability of PDS ration, welfare fund portability
- Mandatory appointment letter provides written documentation of employment terms and conditions
- Fixed-term contract workers to receive same working conditions and safety benefits as permanent workers
- Women workers can consent to night shifts (11 PM to 6 AM) with employer-provided safe transport
- Maximum daily overtime reduced — daily and weekly working time capped at 8 hours/day, 48 hours/week
- Welfare facilities mandatory: canteen (100+ workers), creche (50+), rest rooms, first-aid
- Leaves: one day of leave for every 20 days worked; encashable leave at end of year
Consolidated Laws
- Factories Act, 1948
- Mines Act, 1952
- Dock Workers (Safety, Health and Welfare) Act, 1986
- Building and Other Construction Workers (Regulation of Employment) Act, 1996
- Plantations Labour Act, 1951
- Contract Labour (Regulation and Abolition) Act, 1970
- Inter-State Migrant Workmen (Regulation of Employment) Act, 1979
- Working Journalists and Other Newspaper Employees (Conditions of Service) Act, 1955
- Cine Workers and Cinema Theatre Workers Act, 1981
- Motor Transport Workers Act, 1961
- Sales Promotion Employees (Conditions of Service) Act, 1976
- Beedi and Cigar Workers (Conditions of Employment) Act, 1966
- Dangerous Machines (Regulation) Act, 1983
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