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Four Labour Codes 2020 — Set 20

Labour Laws · चार श्रम संहिताएं 2020 · Questions 191200 of 200

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1

Under the Industrial Relations Code, a worker can be 'retrenched' only after completing what minimum service period?

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Correct Answer: B. 1 year

Under the Industrial Relations Code 2020 (and the earlier Industrial Disputes Act), a worker can be retrenched only after completing a minimum of one year of continuous service in the establishment. Retrenchment of such workers requires one month's notice or wages in lieu of notice, and payment of retrenchment compensation at 15 days' wages per year of service. Workers with less than one year of service can be discharged without these requirements.

2

What does the OSHWC Code say about the duty of workers in maintaining safety?

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Correct Answer: B. Workers must comply with safety instructions and cannot willfully endanger themselves or others

The OSHWC Code 2020 imposes duties on workers alongside employers for maintaining workplace safety. Workers must comply with safety regulations, use prescribed protective equipment, refrain from wilfully interfering with safety devices, and cooperate with safety committees and officers. This shared responsibility framework recognises that workplace safety is a joint obligation, though the primary responsibility for providing a safe workplace lies with the employer.

3

Under the Code on Social Security, contributions for unorganised workers' welfare can come from:

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Correct Answer: D. Central government, state government, and workers — as determined by the scheme

The Code on Social Security 2020 provides for flexible funding of welfare schemes for unorganised workers, allowing contributions from the central government, state governments, and the workers themselves as determined by each specific scheme. This multi-source funding model recognises that unorganised workers may not be able to afford full contributory schemes and need government support. The actual contribution rates are specified in individual scheme notifications.

4

The Industrial Relations Code requires employers to display the terms of standing orders. Where must they be displayed?

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Correct Answer: C. At prominent places in the establishment accessible to all workers

Under the Industrial Relations Code 2020, employers must display certified standing orders at prominent and accessible places within the establishment so that all workers can read them. Standing orders define terms of employment including work hours, leave, disciplinary procedures, and termination conditions. The requirement for public display ensures that workers are aware of their conditions of employment and can hold employers accountable to these terms.

5

What key reform did the OSHWC Code introduce for workers employed through contractors?

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Correct Answer: B. Contract workers must receive wages and benefits comparable to directly hired workers in the same role

The OSHWC Code 2020 strengthens protections for contract workers by requiring that they receive wages and working conditions comparable to directly hired workers performing the same or similar work in the same establishment. The principal employer is liable for wages and welfare facilities of contract workers if the contractor fails. This addresses the exploitation of contract workers who were previously paid significantly less than permanent employees doing identical work.

6

Under the Code on Wages, the minimum wage must be revised at least every:

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Correct Answer: C. 5 years

The Code on Wages 2019 requires that minimum wages be revised at least once every 5 years. The revision must consider factors like the cost of living, price indices, and the general economic condition. This replaces varying revision cycles under the earlier Minimum Wages Act where some states were decades behind in revising minimum wages. The mandatory 5-year revision cycle ensures wages keep pace with economic changes.

7

The Code on Social Security provides that the 'appropriate government' for establishments belonging to Central Government shall be:

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Correct Answer: B. The Central Government

The Code on Social Security 2020 defines the 'appropriate government' for establishments owned or controlled by the Central Government, or establishments in Central Government-notified industries, as the Central Government. For all other establishments, the appropriate government is the State Government. This distinction determines which government's rules apply for implementation and which government enforces the code for a particular establishment.

8

How does the Industrial Relations Code 2020 treat a worker who is dismissed while a dispute about the dismissal is pending?

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Correct Answer: B. The worker can be paid full wages during pendency if the tribunal so directs

Under the Industrial Relations Code 2020, when a Labour Court or Tribunal is adjudicating a dispute relating to dismissal of a worker, it can direct the employer to pay wages to the dismissed worker during the pendency of the proceedings if it finds prima facie that the dismissal was not justified. This interim relief provision protects workers from destitution while their cases are being heard, recognising that lengthy adjudication can cause severe hardship.

9

Which institution oversees both EPF and ESI administration under the Code on Social Security?

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Correct Answer: D. EPFO for PF and ESIC for health insurance — both under the Ministry of Labour and Employment

Under the Code on Social Security 2020, the Employees' Provident Fund Organisation (EPFO) administers provident fund, pension (EPS), and insurance (EDLI) benefits, while the Employees' State Insurance Corporation (ESIC) administers health insurance and related benefits. Both EPFO and ESIC are statutory bodies functioning under the Ministry of Labour and Employment. Together, they form the institutional backbone of formal social security for organised sector workers.

10

What is the overall constitutional basis for the Central Government to enact the four Labour Codes?

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Correct Answer: B. Article 246 read with the Concurrent List (Entries 22, 23, 24)

The Central Government enacted the four Labour Codes under Article 246 of the Indian Constitution read with the Concurrent List (Seventh Schedule). The relevant entries are Entry 22 (Trade Unions; industrial and labour disputes), Entry 23 (Social security and social insurance; employment and unemployment), and Entry 24 (Welfare of labour including conditions of work, provident funds, employers' liability, workmen's compensation, invalidity and old age pensions and maternity benefits). Both Parliament and State Legislatures can legislate on these subjects.