Four Labour Codes 2020 — Set 17

Correct Answer: B. Canteen, crèche, restrooms, and first aid facilities

The Occupational Safety, Health and Working Conditions Code 2020 mandates that factories provide a range of welfare facilities to workers, including canteens (for factories with 100+ workers), crèche facilities for children of women workers, restrooms and washing facilities, and first aid boxes. These welfare provisions are drawn from the earlier Factories Act 1948 and extended under the new code. The welfare provisions ensure a minimum standard of care for workers during their working hours.

Correct Answer: D. 26 weeks

The Code on Social Security 2020 retains the provision of 26 weeks of paid maternity leave for women employees who have fewer than two surviving children. This provision was introduced by the Maternity Benefit (Amendment) Act 2017 and is continued in the code. Women with two or more surviving children are entitled to 12 weeks of paid maternity leave. The code also retains the work from home option post-maternity leave.

Correct Answer: B. Only deductions specifically authorised by the code or worker's written consent are permitted

The Code on Wages 2019 restricts deductions from wages to only those specifically permitted under the code or authorised by the worker in writing. Permitted deductions include fines, absence from duty, damage to employer's property, housing accommodation provided by the employer, and advances. Unauthorised deductions constitute a violation of the code, and workers can claim recovery of illegally deducted wages.

Correct Answer: B. Central Advisory Board

The Code on Wages 2019 provides for a Central Advisory Board to advise the central government on fixation and revision of minimum wages and other matters under the code. Similarly, State Advisory Boards advise state governments on these matters. These boards have a tripartite composition including representatives of employers, workers, and independent experts, ensuring balanced advice on wage policy.

Correct Answer: B. They can register as unorganised workers and access maternity benefits under state schemes

Under the Code on Social Security 2020, women workers in the unorganised sector can register on the government portal as unorganised workers. State governments can then notify schemes for their maternity benefit and other welfare. While formal ESIC maternity benefits apply to insured women workers in covered establishments, unorganised women workers can access state-sponsored schemes administered through the Social Security Boards.

Correct Answer: B. Compensation of 15 days' wages per year of service for workers retrenched after one year

Under the Industrial Relations Code 2020 (derived from the Industrial Disputes Act 1947), retrenchment compensation is payable at the rate of 15 days' average wages for every completed year of continuous service, to workers who have been in continuous employment for at least one year. This compensation is payable at the time of retrenchment. Workers retrenched without proper notice or compensation can seek redress through Labour Courts.

Correct Answer: B. 48 hours

The OSHWC Code 2020 limits the working hours in factories to 48 hours per week, consistent with the earlier Factories Act 1948. This includes overtime; regular hours are 8 hours per day. Workers cannot ordinarily be required to work more than 48 hours per week, and any work beyond this must be compensated at double the ordinary wage rate. Weekly rest (at least one day off) is also mandated.

Correct Answer: B. 14 days

Under the Industrial Relations Code 2020, workers cannot go on strike during the pendency of conciliation proceedings before a Conciliation Board and for 7 days after the conclusion of such proceedings. For adjudication proceedings, the prohibition extends to the period of proceedings and 2 months thereafter. The 14-day notice requirement for strikes is also applicable in most industrial establishments, creating an effective cooling-off period.

Correct Answer: B. Workers who migrated for work from one state to another

The Code on Social Security 2020 recognises inter-state migrant workers as those who migrate from one state to another for work purposes. These workers can self-register on a government portal and access portability of social security benefits like ESIC and EPF across state boundaries. The code addresses the particular vulnerability of migrant workers who often lose access to state-specific welfare benefits when they move.

Correct Answer: C. Basic salary and dearness allowance but excluding HRA, bonus, and overtime

The Code on Wages 2019 defines 'wages' to include basic pay, dearness allowance, and retaining allowance but specifically excludes house rent allowance, overtime wages, bonus (where given in addition to minimum wages), commission, gratuity, and certain other components. This definition was controversial as critics argued that placing a 50% cap on these exclusions allows employers to lower minimum wage compliance by restructuring pay. The definition is used for computing minimum wages, overtime, and other entitlements.