In a departure from the Occupational Safety, Health and Working Conditions Code passed by Parliament, the Labour Ministry has proposed to allow a maximum of 12 working hours in draft rules it has framed for the code. The number of maximum daily working hours mentioned in the code enacted by the House during the monsoon session, was eight.
“No worker shall be required or allowed to work in an establishment for more than forty-eight hours in any week. The period of work of a worker shall be so arranged that inclusive of his intervals for rest, shall not spread over for more than twelve hours in a day,” draft rules say. Further it mentioned that no worker will work for more than five hours before he has had an interval for rest of at least half an hour. Rule says working hours in a day can be modified but subject to weekly cap.
In the code, as notified on September 28, daily working hours have been fixed at eight. It was also said: “The period of work in each day under clause shall be so fixed, as not to exceed such hours, with such intervals and spread overs, as may be notified by the appropriate Government,” the code said. Draft rules have been framed based on this. Stakeholders can give their comments within next 45 days, after which rules will be finalised.
The government intends to implement this code along with three others (Wages, Social Security and Industrial Relations) from April 1, 2021.
Migrant workers
The draft has prescribed a mechanism for journey allowance for inter-State migrant workers as well. They will get an allowance for return journey by train or by bus or by any other mode from the place of employment to the place of residence in the home State. This will be possible if the worker has worked for a period of not less than 180 days in the concerned establishment during the preceding 12 months.
If the worker changes job but has not availed of the allowance, then it can be made available by the new employer on the basis of certificate by the worker stating that he has completed at least 180 days of working in the preceding 12 months together at the old and new employment place.
Contractor
In order to formalise the contract labour system, the draft has mentioned conditions for the contractor to get a licence. “The contractor as an entity or as an individual should not be an un-discharged insolvent or convicted at any time during the last two years, of an offence which is criminal in nature involving offences which are liable for punishment for more than three months of imprisonment,” it said. There will also be provision for single licence for the contractor to work in more than one state for the entire country.
“Bank guarantee for an amount calculated at the rate of Rs 1,000 for each of the workers to be employed as contract labour, in respect of which the application for licence has been made, shall be deposited by the contractor for performance of the conditions of the licence,” the draft said. The contractor will fix the wage period, which should not exceed one month. Wages need to be paid within seven days of the said period. In case of violations, payment will be made from the security deposit.