Labour Codes – Almost all states have prepared draft rules on four labour codes, says Union Minister Bhupender Yadav
Contents News/Article Date: 16th November 2023
Relating to which Act: All the 4 Labour Codes
Penalty under the Act: Revised Penalties under the New Labour Code:
Code on Wages
| 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 | Upto 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
| 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
| 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 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
| 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: Financial Express news report
Pertains to: All the establishments and employees and workers and vendors and contractors both in formal and informal sectors
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And in the current instance: Almost all states have prepared draft rules on the four labour codes and a few others are in the process of doing so, Union labour and employment minister Bhupender Yadav told Yogima Seth Sharma in an interview. He said he is hopeful of the codes being implemented soon.
The minister’s comment came at a time when speculation is rife that labour codes will be implemented anytime soon as most of the states have firmed up the draft rules.
He also informed that the few states are still in the process of firming up draft rules.
Subject: Almost all states have prepared draft rules on four labour codes, says Union Minister Bhupender Yadav
Appended is the complete news item
Almost all states have prepared draft rules on four labour codes, says Union Minister Bhupender Yadav
Almost all states have prepared draft rules on the four labour codes and a few others are in the process of doing so, Union labour and employment minister Bhupender Yadav told Yogima Seth Sharma in an interview. He said he is hopeful of the codes being implemented soon.
The minister’s comment came at a time when speculation is rife that labour codes will be implemented anytime soon as most of the states have firmed up the draft rules.
He also informed that the few states are still in the process of firming up draft rules.
Rajasthan has firmed up draft rules on the two codes and two are left, while West Bengal is in the process of finalising those, the minister said.
There are few Northeast states, including Meghalaya, which have not completed the process of drafting rules on the four codes.
In 2019 and 2020, 29 central labour laws were amalgamated, rationalised and simplified into four labour codes, viz, the Code on Wages, 2019; the Industrial Relations Code, 2020; the Code on Social Security, 2020; and the Occupational Safety, Health & Working Conditions Code, 2020.
The central government has already pre-published the draft rules for all four codes. Now, states are required to frame regulations on their part as labour is a concurrent subject.
Labour is in the Concurrent List of the Constitution. Under the Labour Codes, rules are required to be framed by the central government as well as by the state governments.
The ministry intends to implement all four labour codes by the Centre and states in one go for a seamless transit to the new legal framework in the country.
The new laws are in tune with the changing labour market trends and at the same time accommodate the minimum wage requirement and welfare needs of the unorganised sector workers, including the self-employed and migrant workers, within the framework of legislation.
The central government has notified four labour codes — the Code on Wages, 2019, on August 8, 2019; the Industrial Relations Code, 2020, the Code on Social Security, 2020, and the Occupational Safety, Health and Working Conditions Code, 2020 on September 29, 2020.
However, the Centre and states are required to notify rules under the four codes to enforce these laws in their respective jurisdictions.
Under the Codes, the power to make rules has been entrusted to the central government, state government and appropriate government and there is a requirement for publication of rules in their official gazette for a period of 30 or 45 days for public consultation.
Earlier in the day, the minister inaugurated a COVID vaccination drive as part of Azadi ka Amrit Mahotsav organised by the Ministry of Labour and Employment.
The minister started the drive by taking his booster dose.
He said that the labour ministry is aiming to vaccinate its 100 per cent workforce under its ambit.