1) “Worker” under the Factories Act, 1948 and “Worker” under the OSH Code, 2020 are not the same.
2) Under the Factories Act, 1948, casual labour connected with the manufacturing process is treated as a worker.
3) An HR executive can be a worker under the Factories Act, 1948, depending on the nature of work performed.
4) Under the OSH Code, 2020, a person employed mainly in managerial or administrative capacity is not a worker.
5) Under the OSH Code, 2020, a person employed in supervisory capacity drawing wages exceeding ₹18,000 is not a worker.
6) Even if someone is not a worker under OSH Code, the Code may still apply to the person as an employee in the establishment, based on relevant definitions.
7) For factory governance, “Occupier” is the key control concept for employer responsibility under OSH Code.
8) OSH Code excludes from “worker” categories: armed forces, police or prison services, managerial or administrative roles, and supervisors drawing wages exceeding ₹18,000.
9) A “Manager” may be a worker under the Factories Act but not a worker under OSH Code.
10) Supervisors are workers under the Factories Act irrespective of wages, whereas under OSH Code, supervisors drawing wages up to ₹18,000 are workers.
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