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Four Labour Codes 2020 — Set 19

Labour Laws · चार श्रम संहिताएं 2020 · Questions 181190 of 200

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1

Under the Code on Wages, what happens to wages during the period an Inspector-cum-Facilitator is conducting an inspection?

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Correct Answer: B. Wages must continue to be paid as usual

An inspection under the Code on Wages does not affect the employer's obligation to pay wages to workers. Wages must continue to be paid in full as per the applicable minimum wage and on the prescribed timeline. The Inspector-cum-Facilitator's visit is to check compliance with wage payment obligations, and any violations found may lead to penalties, but the inspection itself does not alter the wage payment cycle.

2

Which central trade union is NOT one of the major critics of the four Labour Codes?

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Correct Answer: D. None — all major central trade unions opposed the codes

All major central trade union organisations in India — INTUC (affiliated with Congress), AITUC (affiliated with CPI), CITU (affiliated with CPI-M), BMS (affiliated with BJP-RSS), and others — initially opposed or raised concerns about aspects of the four Labour Codes. Multiple general strikes were called between 2019 and 2021 to protest the codes. While the BMS eventually withdrew some objections, the broad opposition from diverse union federations was unprecedented.

3

The OSHWC Code requires all establishments to provide a written appointment letter to every worker. What is the special provision for migrant workers?

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Correct Answer: B. Appointment letters can be issued through audio-visual means for migrant workers

The OSHWC Code 2020 mandates that all employers issue written appointment letters to workers at the time of appointment. For inter-state migrant workers, the code specifically permits appointment letters to be issued through audio-visual electronic means, acknowledging the practical challenges of documentation for a mobile workforce. This provision modernises the appointment letter requirement and makes it more accessible for migrant workers.

4

Under the Industrial Relations Code, what is the composition of the Industrial Tribunal?

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Correct Answer: C. One or more members who are or have been High Court judges or district judges

Under the Industrial Relations Code 2020, an Industrial Tribunal is constituted with one or more members who are, or have been, High Court judges or District Judges with prescribed experience. This judicial composition ensures that Industrial Tribunals have the legal expertise to adjudicate complex industrial disputes relating to wages, conditions of service, and retrenchment affecting large numbers of workers. The National Industrial Tribunal has a higher judicial qualification requirement.

5

The four Labour Codes received Presidential assent over which period?

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Correct Answer: C. 2019-2020

The four Labour Codes received Presidential assent between 2019 and 2020. The Code on Wages received assent on 8 August 2019. The Industrial Relations Code, Code on Social Security, and the Occupational Safety, Health and Working Conditions Code all received Presidential assent in September 2020. Despite receiving assent, none of the codes have been fully operationalised as of early 2024 due to delays in state rule-making.

6

Under the Code on Social Security, which provision protects domestic workers?

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Correct Answer: D. Domestic workers fall under the unorganised sector framework and can access state welfare schemes

The Code on Social Security 2020 includes domestic workers within the framework of unorganised workers. They can register on the government portal as unorganised workers and access welfare schemes notified by state governments under the Social Security Board for unorganised workers. Additionally, the central government can extend ESIC coverage to domestic workers by notification, creating a potential pathway for formal health insurance coverage.

7

Under the Industrial Relations Code, what protection do workers have against 'unfair labour practices'?

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Correct Answer: B. The code lists specific unfair labour practices by employers and workers and prohibits them

The correct answer is The code lists specific unfair labour practices by employers and workers and prohibits them. The Industrial Relations Code 2020 retains the concept of 'unfair labour practices' from the Industrial Disputes Act and provides a schedule listing specific acts by employers (such as discriminating against union members, refusing to bargain in good faith) and workers/unions (such as forcing workers to join a particular union) that constitute unfair labour practices. Workers and employers can file complaints about unfair practices, which are adjudicated by Labour Courts. This topic is frequently tested in competitive examinations such as RRB NTPC, SSC, and UPSC.

8

The Code on Wages applies to which of the following employees?

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Correct Answer: C. All employees in all establishments including government

The Code on Wages 2019 applies to all employees in all establishments, including those in the government sector (central and state governments) and private sector, regardless of wage levels. This universal coverage is a fundamental change from the patchwork of earlier laws that had industry-specific or wage-based thresholds. The code's minimum wage provisions apply universally, making it the broadest labour law in terms of coverage.

9

What was the main purpose of introducing the 'Inspector-cum-Facilitator' concept across Labour Codes?

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Correct Answer: B. To reduce the adversarial nature of labour inspection and promote compliance

The Inspector-cum-Facilitator concept was introduced across all four Labour Codes to transform the labour inspection system from purely adversarial enforcement to a model that also facilitates compliance. Instead of just identifying violations and levying penalties, these officers are mandated to educate and guide employers about their legal obligations. This approach was influenced by ease of doing business considerations and aims to improve voluntary compliance with labour laws.

10

Under the OSHWC Code, what is the provision for health and safety committees in factories?

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Correct Answer: B. Safety committees are required in factories with 250 or more workers

The OSHWC Code 2020 mandates the constitution of safety committees in factories employing 250 or more workers (or such other number as may be specified). These committees are bipartite — comprising equal representatives of workers and management — and are responsible for promoting cooperation in implementing safety and health standards. The safety committee also reviews the causes of accidents and recommends preventive measures.