Labour Law and Industrial Relations II Notes | LL.B. (3 years) Semester 5 | Mumbai University | munotes

Contents

Module I SOCIAL SECURITY – Code on Social Security, 2020

1. Object and Salient Features of the Code 1
2. Definitions under the Social Security Code 10
3. Registration and Cancellation of an Establishment 20
4. The Social Security Organisations 24
5. Working of the Social Security Organisations 31
6. Employees Provident Fund: The Three Schemes 38
7. Provident Fund Contributions and Accounts 44
8. The Employees State Insurance Corporation 52
9. ESI Coverage and Contributions 58
10. The Six ESI Benefits 64
11. Employment Injury and Occupational Disease 73
12. ESI Enforcement and Schemes for Others 82
13. The Employees Insurance Court 88
14. Gratuity: Entitlement and Continuous Service 95
15. Gratuity: Nomination, Determination and Recovery 103
16. The Right to Maternity Benefit 110
17. Medical Bonus, Miscarriage, Nursing Breaks and Creche 118
18. Protection of Employment During Maternity 123

Module II EMPLOYEE’S COMPENSATION – Code on Social Security, 2020

1. Employees Compensation: The Key Concepts 130
2. Employer's Liability for Compensation 138
3. The Amount of Compensation 148
4. Review, Commutation and Distribution of Compensation 156
5. Notice, Claim and Medical Examination 164
6. Contracting, Strangers and Insolvency of the Employer 172
7. The Competent Authority and Appeals 180
8. The Building and Construction Workers Cess 190
9. Building Workers as Beneficiaries and the Welfare Fund 196
10. Social Security for Unorganised Workers 202
11. Gig Workers and Platform Workers 208
12. Inspector-cum-Facilitators, Records and Wages 216
13. Assessment, Determination and Appeal 223
14. Damages and Recovery of Amounts Due 230
15. Offences and Penalties under the Social Security Code 237
16. Employment Information and Monitoring 245
17. Finance and Accounts of the Organisations 250
18. The Social Security Fund, Aadhaar and Exemptions 256
19. Transfer, Good Faith, Misuse and Transitional Provisions 263
20. Rules, Overriding Effect and the Repeals 271

Module III THE OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020

1. Object and Salient Features of the OSH Code 280
2. Definitions under the OSH Code 287
3. Registration of Establishments 295
4. Duties of the Employer 302
5. Duties of Designers, Manufacturers and Architects 308
6. Notices of Accidents, Dangerous Occurrences and Diseases 314
7. Duties and Rights of the Employee 319
8. The National and State OSH Advisory Boards 325
9. Safety and Health Standards, Research and Committees 330
10. The Employer's Responsibility for Health, Safety and Working Conditions 337
11. Welfare Facilities in the Establishment 342
12. Hours of Work, Holidays and Overtime 348
13. Night Shifts, Overlapping Shifts and Double Employment 355
14. Notice of Periods of Work and Annual Leave with Wages 360
15. Registers, Records and Returns 366
16. Inspector-cum-Facilitators: Appointment and Powers 371
17. Third Party Audit, Special Powers and Secrecy 377
18. Special Officers for Mines and Medical Officers 385
19. Employment of Women under the OSH Code 390

Module IV SPECIAL PROVISION FOR CONTRACT LABOUR AND INTER – STATE MIGRANT WORKER, ETC ( OSH Code)

1. Contract Labour: Application and the Designated Authority 396
2. Licensing of Contractors 403
3. The Principal Employer's Liability 412
4. Prohibition of Contract Labour in Core Activities 419
5. Inter-State Migrant Workers 428
6. Helpline, Study and Past Liabilities 438
7. Audio-Visual Workers 444
8. Mines: Managers, Exclusions, Young Persons and Rescue Services 452
9. Beedi and Cigar Workers 462
10. Building and Other Construction Workers under the OSH Code 471
11. Factories: Approval, Licensing and the Occupier 479
12. Hazardous Processes and Dangerous Operations 488
13. The Right to Warn of Imminent Danger, and Appeals 499
14. Plantations 506
15. General Penalties and Obstruction 514
16. Punishments for Contravention, Falsification and Disclosure 521
17. Accidents, Mines Offences and Offences by Companies 530
18. Limitation, Jurisdiction and Composition of Offences 542
19. The Social Security Fund under the OSH Code 553
20. Delegation, Onus of Proof and Common Licences 559
21. Overriding Effect, Inquiries and the Bar on Civil Courts 567
22. Exemptions and the Power to Amend the Schedules 577
23. Rules, Regulations, Bye-laws and the OSH Repeals 586