Questions and Answers over the interview with Union Minister Bhupender Yadav on pendency of implementing the labour codes
Contents News/Article Date: 2nd January 2024
Relating to which Act: All the 4 Labour Codes
Penalty under the Act:
|
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 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 | ||||
| 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: 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: Questions and Answers over the interview with Union Minister Bhupender Yadav on pendency of implementing the labour codes.
Subject: Questions and Answers over the interview with Union Minister Bhupender Yadav on pendency of implementing the labour codes
Appended is the complete news item
Questions and Answers over the interview with Union Minister Bhupender Yadav
The labour codes have been delayed beyond expectations. By when could these be implemented?
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 Centre has already pre-published the draft rules for all four codes. Since labour is a concurrent subject, now the states must frame regulations on their part for the labour codes to be rolled out. Almost all states have prepared draft rules on the four labour codes. A few states are still in the process of firming up draft rules and I am hopeful the new rules will be implemented soon.
Why is the objective behind the ministry launching new labour surveys?
To distribute any welfare measure or to formulate any policy, you must first know who you are making the policy for and how many are likely to be impacted. We are focusing on the welfare of workers through evidence-based policy making and have embarked on an unprecedented data collection drive in labour. The Labour Bureau has been tasked with carrying out five major all-India surveys – All-India Survey of Migrant Workers (ASMW), All-India Survey on Domestic Workers, All-India Survey on Employment generated in Transport Sector, All-India Survey of Employment Generated by Professionals and All-India Quarterly Establishment based Employment Survey (AQEES). ASMW and AQEES have already been launched and others will be done in a phased manner. Field works have been completed and draft reports are in the final stage for the two surveys.
Low female labour force participation in India is a big concern. What can be done to address the issue?
The government is committed to providing a conducive environment for women to enhance their participation in the labour force. One of the biggest steps in that direction is the passage of the women’s reservation bill in Parliament. As per the Periodic Labour Force Survey, the female labour force participation rate has gone up by 13.7% in the last 15 years due to various factors, including steps being taken by the government to boost employment and women’s empowerment through various laws, policies and schemes.
There is a growing concern about increasing layoffs, particularly in the tech sector. What role can the government play?
Employment and retrenchment, including layoffs, are a regular phenomenon in industrial establishments. Matters relating to layoffs and retrenchment in industrial establishments are governed by the provisions of the Industrial Disputes Act, 1947, which also regulates various aspects of layoff and conditions precedent to retrenchment of workmen.
Is the government looking at any new policy interventions to support employment generation?
Creating meaningful employment opportunities is top priority for the government, which has been working on both employment generation and improving employability. Investments in infrastructure and productive capacity have a large multiplier impact on growth and employment. The budget of 2023-24 proposed to increase capital investment outlay steeply for the third year in a row by 33% to ₹10 lakh crore, which would be 3.3% of GDP. This substantial increase in recent years is central to the government’s efforts to enhance growth potential and job creation.
The PM has set a target of India becoming a developed economy by 2047. What is the government’s vision for the workforce to support this?
Through a “whole of government approach”, we are working towards making India an inclusive, strong and reliable economic powerhouse. A great emphasis is being placed on shram shakti (labour power) in achieving the aims of Amrit Kaal. And it is not just about harnessing their full potential for sustainable development but also ensuring a life of dignity for them