Gig Workers’ Bill races to beat election season in Rajasthan
Contents News/Article Date: 7th October 2023
Relating to which Act: All the 4 Labour Codes
Penalty under the Act: Revised Penalties under the New Labour Code:
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Code on Wages |
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Code On Wages |
Before |
After | ||
| Fine | Imprisonment | Fine |
Imprisonment |
|
| The Payment Of Wages Act, 1936 | Min: INR 1,500 | – | Max: INR 20,000 | – |
| Max: INR 7,500 | ||||
| The Payment Of Wages Act, 1948 | Min: INR 500 | Upton 6 months | Max: INR 50,000 | – |
| The Payment Of Wages Act, 1965 | Min: INR 1,000 | Upto 6 months | Max: INR 20,000 | – |
| The Payment Of Wages Act, 1976 | Min: INR 10,000 | 1-3months | Max: INR 20,000 | – |
| Max: INR 20,000 | ||||
|
Code on Social Security, 2020 |
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|
Code On Wages |
Before |
After | ||
| Fine | Imprisonment | Fine |
Imprisonment |
|
| Employee’s Compensation Act, 1923 | Max: INR 5,000 | – | Max: INR 50,000 | – |
| Employees’ State Insurance Act, 1948 | Min: INR 4,000 | 1-3 years | Min: INR 50,000 | 1-3 years |
| Max: INR 10,000 | Max: INR 1,00,000 | |||
| The Employees’ provident Funds and Miscellaneous provisions Act, 1952 | Max: INR 4,000 | Upto 1 year | Min: INR 50,000 | 1-3 years |
| Max: INR 1,00,000 | ||||
| The Maternity Benefit Act ,1961 | Max: INR 5,000 | Upto 1 year | Max: INR 50,000 | Upto 6 months |
| The Payment of Gratuity Act, 1972 | Min: INR 10,000 | 3 months – 1 year | Max: INR 50,000 | Upto 1 year |
| Max: INR 20,000 | ||||
| The Building and Other Construction Workers Welfare Cess Act, 1996 | – | – | Min: INR 50,000 | 1-3 year |
| Max: INR 1,00,000 | ||||
| The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 | Min: INR 500 | – | Max: INR 50,000 | – |
| Max: INR 1,000 | ||||
|
The Occupational Safety, Health and Working Conditions Code, 2020 |
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|
The Occupational Safety, Health and Working Conditions Code, 2020 |
Before | After | ||
| Fine | Imprisonment | Fine |
Imprisonment |
|
| The Factories Act, 1948 (Factories Act | Max: INR 1,00,000 | Upto 2 months | Min: INR 5,00,000 | Upto 2 years |
| The Mines Act, 1952 (Mines Act) | Max: INR 1,000 | Upto 3 months | Min: INR 5,00,000 | Upto 2 years |
| The Dock Workers (Safety, Health and Welfare) Act, 1986 | Max: INR 500 | Upto 6 months | Min: INR 5,00,000 | Upto 2 years |
| The Occupational Safety, Health and Working Conditions Code, 2020 |
Before |
After | ||
| Fine | Imprisonment | Fine |
Imprisonment |
|
| The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (BOCW Act) | Max: INR 2,000 | Upto 3 months | Min: INR 2,00,000 | – |
| Max: INR 3,00,000 | ||||
| The Contract Labour (Regulation and Abolition) Act, 1970 (CLRA) | Max: INR 1,000 | Upto 3 months | Min: INR 2,00,000 | – |
| Max: INR 3,00,000 | ||||
| The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (ISMW Act) | Max: INR 1,000 | Upto 1 year | Min: INR 2,00,000 | – |
| Max: INR 3,00,000 | ||||
| Sales Promotion Employees (Condition of Service) Act, 1976 (Sales Promotion Act) | Max: INR 1,000 | – | Min: INR 50,000 | – |
| Max: INR 1,00,000 | ||||
|
The Industrial Relations Code, 2020 |
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|
The Industrial Relations Code, 2020 |
Before | After | ||
| Fine | Imprisonment | Fine |
Imprisonment |
|
| The Industrial Employment (Standing Orders) Act, 1946 | Max: INR 5,000 | – | Min: INR 50,000 | – |
| Max: INR 2,00,000 | ||||
| The Industrial Disputes Act, 1947 | Max: INR 100 | – | Min: INR 50,000 | Upto 1 year |
| Max: INR 1,00,000 | ||||
| The Trade Union Act, 1926 | Max: INR 500 | – | Max: INR 1,00,000 | – |
Applicable to which State: All the States and Establishments to be covered by the Labour codes
Type: The Hindu news report
Pertains to: All establishments and vendors and contractors and workers in Rajasthan and in other States once the labour rules get implemented
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And in the current instance: The Ashok Gehlot-led Congress government’s marquee legislation, the Rajasthan Platform Based Gig Workers (Registration and Welfare) Bill, 2023, which puts up stringent punitive provisions against errant aggregators, might not materialise before the elections in the State.
The bill was passed by the State assembly in July this year and was hailed as the first of its kind in the country since it establishes an employee-employer relationship between the gig workers and the platforms, such as Zomato, Swiggy, Uber et al.
And in the last instance: Rajasthan government on Friday tabled the Rajasthan Platform Based GIG Workers (registration and welfare) Bill, 2023 country’s first such which seeks to guarantee social security to gig workers
The state government may impose a fine up to Rs 5 lakh for the first contravention and up to Rs 50 lakh for subsequent contravention.
Under the bill, the state will constitute a ‘The Rajasthan Platform Based Gig Workers Welfare Board’ which will ensure registration of gig workers and aggregators operating in the state.
Subject: Gig Workers’ Bill races to beat election season in Rajasthan
Appended is the complete news item
Gig Workers’ Bill races to beat election season in Rajasthan
The Bill which extends certain rights to gig workers, such as access to social security schemes, might be delayed due to the upcoming Assembly elections
The Ashok Gehlot-led Congress government’s marquee legislation, the Rajasthan Platform Based Gig Workers (Registration and Welfare) Bill, 2023, which puts up stringent punitive provisions against errant aggregators, might not materialise before the elections in the State.
The bill was passed by the State assembly in July this year and was hailed as the first of its kind in the country since it establishes an employee-employer relationship between the gig workers and the platforms, such as Zomato, Swiggy, Uber et al.
However, once the Election Commission announces the poll dates, the governments are bound by the model code of conduct not to notify any new rules or make announcements that could influence the voters.
The rules to make the law functional are caught in a bureaucratic quagmire. The bill empowers the government to impose a cess which would be a percentage of every transaction that takes place on the platform. This cess is to finance a social welfare fund for the workers.
It also has punitive provisions such as fines up to ten lakhs for the first contravention and up to a 1 crore for subsequent ones. The errant aggregator can be temporarily or permanently barred under the law for any flagrant violations.
But without the rules in place, none of these punitive provisions can be invoked nor the cess can be collected. According to the sources, the rules have been finalised but are currently under review with the state finance department.
“We have opened the registration process for the gig workers. And the Chief Minister has already announced a one-time payment of ₹5,000 to each of the registered workers as a starter fund, that can help them buy safety equipment and other instruments required for their job,” State Secretary, Labour Department, Vikas Bhale told The Hindu. The ₹5,000 pay-out will be financed by ₹200 crore seed fund that the assembly had approved while clearing the bill.
In addition, the State has also notified the Rajasthan Platform Based Gig Workers Welfare Board – that will function as a mothership for over three lakh gig workers. The gig-workers are to be registered with this board – which will create a unique id for them to help them various welfare schemes such as accident or unemployment insurance.
The three lakh gig workers on average are between the age of 20-35 and politically the Congress government was hoping to cement its approval in this segment. But so far, sources said, that registration rate is very slow and the awareness among the workers about such a law is also low.