Four Labour Codes 2020 — Set 15
Labour Laws · चार श्रम संहिताएं 2020 · Questions 141–150 of 200
Under the Code on Wages, who determines minimum wages for establishments in the central government sphere?
Correct Answer: B. Central government
The Central Government determines minimum wages for establishments falling within its sphere (such as railways, mines, oil fields, and establishments controlled by central government). State governments fix minimum wages for establishments within their respective spheres. The Code on Wages mandates that neither central nor state government can fix minimum wages below the floor wage set by the Central Government.
What is the key provision of the Code on Social Security regarding gratuity for fixed-term workers?
Correct Answer: C. Gratuity is paid proportionately after 1 year of service
The Code on Social Security 2020 provides that fixed-term workers who have completed at least one year of continuous service are entitled to gratuity proportionate to their period of employment. This removes the 5-year minimum service requirement for fixed-term workers. This provision ensures that fixed-term employment, though temporary, comes with gratuity entitlement based on actual service.
How does the OSHWC Code change provisions for contract workers regarding wages?
Correct Answer: B. Contract workers must receive at least the same wages as directly hired workers doing the same work
The OSHWC Code 2020 strengthens provisions for contract workers by mandating that contract workers engaged in the same or similar work as directly employed workers must receive comparable wages and benefits. The principal employer is made responsible for the welfare and wages of contract workers if the contractor defaults. This addresses the common practice of paying lower wages to contract workers performing the same tasks as permanent employees.
Which of the four Labour Codes has the most direct impact on small factories and establishments?
Correct Answer: A. Code on Wages (covers all workers regardless of establishment size)
The Code on Wages 2019 has the most direct impact on all establishments including small ones, as it applies universally to all employees regardless of the size of establishment or wage threshold. All employers, regardless of sector or size, must pay minimum wages, equal remuneration, and comply with bonus provisions under this code. The other codes have size-related thresholds that exclude smaller establishments from some provisions.
Which year saw the passage of three of the four Labour Codes?
Correct Answer: C. 2020
Three of the four Labour Codes — the Industrial Relations Code, Code on Social Security, and Occupational Safety, Health and Working Conditions Code — were all passed in September 2020. The Code on Wages was the exception, having been passed in August 2019. The year 2020 was thus pivotal for labour law reform in India, though implementation was delayed due to states needing to frame their rules.
Under the Code on Social Security, what is the role of the 'Social Security Organisation'?
Correct Answer: B. To administer social security schemes including EPFO and ESIC
The Code on Social Security 2020 provides for Social Security Organisations, primarily EPFO and ESIC, to administer provident fund, pension, insurance, and health-related schemes. These organisations are to be strengthened to extend coverage to new categories of workers including gig and platform workers. The code empowers these organisations to register workers, collect contributions, and disburse benefits.
The Code on Wages ensures that all workers, regardless of industry, receive at least:
Correct Answer: C. Minimum wages as fixed by the appropriate government
The Code on Wages 2019 ensures that all workers in India, regardless of industry or type of employment, receive at least the minimum wages fixed by the appropriate government (central or state). The concept of universal minimum wage broke from the earlier Minimum Wages Act's approach of limiting coverage to scheduled employments. This is one of the most significant expansions of worker protection under the new codes.
Which body hears appeals against orders of Inspector-cum-Facilitators under the Code on Wages?
Correct Answer: C. Designated Appellate Authority under the Code
The Code on Wages 2019 provides for a designated Appellate Authority to hear appeals against orders of the Inspector-cum-Facilitator and other authorities under the code. The code specifies timelines for filing appeals and for their disposal. This structured appeal mechanism ensures that employers and workers have a clear avenue for challenging decisions made by inspection authorities.
Which of the following correctly describes the Negotiating Council under the Industrial Relations Code?
Correct Answer: B. A body comprising all unions with at least 20% membership when no union has 51%
A Negotiating Council under the Industrial Relations Code 2020 is constituted when no single trade union commands 51% membership to qualify as the sole negotiating union. The council comprises representatives from all trade unions that have at least 20% of the total workers as members. This council then negotiates with the employer as a collective body, ensuring that workers with diverse union affiliations can participate in collective bargaining.
What does the Code on Social Security say about ESIC's extension to hazardous occupations?
Correct Answer: B. ESIC can be extended to hazardous occupations regardless of employee count
The Code on Social Security 2020 provides that ESIC coverage can be extended to establishments in hazardous or life-threatening occupations, regardless of the number of workers employed. This is a significant provision because it ensures that even small establishments in high-risk sectors like fireworks, chemicals, and mines are covered by employee state insurance. The central government notifies which occupations are classified as hazardous for this purpose.