Four Labour Codes 2020 — Set 16
Labour Laws · चार श्रम संहिताएं 2020 · Questions 151–160 of 200
Which act dealing with labour in factories, passed in 1948, is now consolidated under the OSHWC Code?
Correct Answer: C. Factories Act 1948
The Factories Act 1948 is the principal law consolidated under the Occupational Safety, Health and Working Conditions Code 2020. This act had been the cornerstone of factory legislation in India for over 70 years, regulating health, safety, welfare, working hours, and leave for factory workers. Its provisions form the backbone of the OSHWC Code's provisions for manufacturing establishments.
Under the Code on Social Security, who is eligible for benefits under the Employee's Compensation provisions?
Correct Answer: C. Workers who suffer injury or occupational disease arising from employment
The Employee's Compensation provisions under the Code on Social Security 2020 apply to workers who suffer personal injury from accidents arising out of and in the course of employment, as well as those who contract specified occupational diseases. Compensation is payable to the worker or their dependants in case of disability or death. The code retains the earlier Employee's Compensation Act framework with updated nomenclature and provisions.
How does the OSHWC Code's definition of 'inter-state migrant worker' differ from the earlier law?
Correct Answer: B. New definition includes workers hired for any type of work, not just seasonal/construction
The OSHWC Code 2020 broadens the definition of inter-state migrant workers to include those hired for any type of work, removing the earlier restriction to seasonal or construction employment under the Inter-State Migrant Workmen Act 1979. The new code also allows self-registration by migrant workers, making it easier for them to access portability of social security benefits. These changes reflect the reality that migrant labour is not confined to seasonal or specific industries.
The Code on Social Security provides for a social security fund for gig workers. What is the primary source of funding?
Correct Answer: C. Aggregator platform contributions (1-2% of annual turnover)
The Code on Social Security 2020 primarily funds the social security scheme for gig and platform workers through contributions from aggregator companies at the rate of 1% to 2% of their annual turnover, capped at 5% of wages. The central and state governments may also contribute to the fund. This makes platform companies co-responsible for the social protection of workers they engage without an employment relationship.
What is the stance of most major trade unions in India on the four Labour Codes?
Correct Answer: B. They have been largely critical, calling them anti-labour
Most major central trade union organisations in India, including INTUC, AITUC, HMS, CITU, and others, have been largely critical of the four Labour Codes. They have argued that the codes weaken worker protections, particularly the raising of the retrenchment threshold, the changes to strike notice periods, and the reduction in mandatory standing orders coverage. Trade unions organised multiple general strikes against the codes between 2019 and 2021.
The Code on Wages removed the concept of 'scheduled employment' from which earlier law?
Correct Answer: B. Minimum Wages Act 1948
The Minimum Wages Act 1948 applied only to 'scheduled employments' — specific industries listed in schedules maintained by central and state governments. The Code on Wages 2019 removed this limitation by applying the universal minimum wage concept to all workers regardless of whether their employment is scheduled. This was a significant expansion of coverage, potentially benefiting millions of workers in previously unscheduled sectors.
How does the Industrial Relations Code 2020 change the requirement for trade union registration?
Correct Answer: C. Unions must show 10% or 100 workers (whichever is less) for registration
Under the Industrial Relations Code 2020, for a trade union to be registered, at least 10% of workers or 100 workers of the establishment (whichever is less) must be members. This replaced the older provision under the Trade Unions Act 1926 that required only 7 members for registration. The higher threshold was aimed at reducing the proliferation of small, politically motivated unions.
Which code provides for the 'National Occupational Safety Board'?
Correct Answer: D. Occupational Safety, Health and Working Conditions Code
The Occupational Safety, Health and Working Conditions Code 2020 establishes the National Occupational Safety Board to advise the central government on standards, policies, and practices related to occupational safety, health, and working conditions. This replaces the earlier advisory committees under individual laws like the Factories Act. The board has a tripartite composition of government, employer, and worker representatives.
Under the Industrial Relations Code, which mechanism is used first to resolve industrial disputes?
Correct Answer: B. Conciliation by Conciliation Officer
Under the Industrial Relations Code 2020, conciliation through a Conciliation Officer is the first mechanism for resolving industrial disputes. The conciliation officer tries to bring the parties to a mutually acceptable settlement. If conciliation fails, the dispute may be referred to arbitration (if both parties agree) or adjudication by Labour Courts, Industrial Tribunals, or the National Industrial Tribunal depending on the nature of the dispute.
Under the Code on Wages, what is the time limit for filing a claim for unpaid wages?
Correct Answer: C. 3 years
The Code on Wages 2019 provides a limitation period of 3 years for filing a claim for unpaid wages or bonus. Claims for minimum wages, overtime wages, or bonus must be filed within 3 years of the cause of action. The code designates an authority for receiving and deciding such claims, ensuring workers have a clear recourse for wage disputes.