Labour Law and Industrial Relations II Notes | B.A. LL.B. (Five Year Course) Semester 9 | 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 59
10. The Six ESI Benefits 65
11. Employment Injury and Occupational Disease 74
12. ESI Enforcement and Schemes for Others 83
13. The Employees Insurance Court 89
14. Gratuity: Entitlement and Continuous Service 96
15. Gratuity: Nomination, Determination and Recovery 104
16. The Right to Maternity Benefit 111
17. Medical Bonus, Miscarriage, Nursing Breaks and Creche 119
18. Protection of Employment During Maternity 124

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

1. Employees Compensation: The Key Concepts 131
2. Employer's Liability for Compensation 139
3. The Amount of Compensation 149
4. Review, Commutation and Distribution of Compensation 157
5. Notice, Claim and Medical Examination 165
6. Contracting, Strangers and Insolvency of the Employer 173
7. The Competent Authority and Appeals 181
8. The Building and Construction Workers Cess 191
9. Building Workers as Beneficiaries and the Welfare Fund 197
10. Social Security for Unorganised Workers 203
11. Gig Workers and Platform Workers 209
12. Inspector-cum-Facilitators, Records and Wages 217
13. Assessment, Determination and Appeal 224
14. Damages and Recovery of Amounts Due 231
15. Offences and Penalties under the Social Security Code 238
16. Employment Information and Monitoring 246
17. Finance and Accounts of the Organisations 251
18. The Social Security Fund, Aadhaar and Exemptions 257
19. Transfer, Good Faith, Misuse and Transitional Provisions 264
20. Rules, Overriding Effect and the Repeals 272

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

1. Object and Salient Features of the OSH Code 281
2. Definitions under the OSH Code 288
3. Registration of Establishments 296
4. Duties of the Employer 303
5. Duties of Designers, Manufacturers and Architects 309
6. Notices of Accidents, Dangerous Occurrences and Diseases 315
7. Duties and Rights of the Employee 321
8. The National and State OSH Advisory Boards 327
9. Safety and Health Standards, Research and Committees 332
10. The Employer's Responsibility for Health, Safety and Working Conditions 339
11. Welfare Facilities in the Establishment 344
12. Hours of Work, Holidays and Overtime 350
13. Night Shifts, Overlapping Shifts and Double Employment 357
14. Notice of Periods of Work and Annual Leave with Wages 362
15. Registers, Records and Returns 368
16. Inspector-cum-Facilitators: Appointment and Powers 373
17. Third Party Audit, Special Powers and Secrecy 379
18. Special Officers for Mines and Medical Officers 387
19. Employment of Women under the OSH Code 392

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

1. Contract Labour: Application and the Designated Authority 398
2. Licensing of Contractors 405
3. The Principal Employer's Liability 414
4. Prohibition of Contract Labour in Core Activities 421
5. Inter-State Migrant Workers 430
6. Helpline, Study and Past Liabilities 440
7. Audio-Visual Workers 446
8. Mines: Managers, Exclusions, Young Persons and Rescue Services 454
9. Beedi and Cigar Workers 464
10. Building and Other Construction Workers under the OSH Code 473
11. Factories: Approval, Licensing and the Occupier 481
12. Hazardous Processes and Dangerous Operations 491
13. The Right to Warn of Imminent Danger, and Appeals 502
14. Plantations 510
15. General Penalties and Obstruction 518
16. Punishments for Contravention, Falsification and Disclosure 525
17. Accidents, Mines Offences and Offences by Companies 534
18. Limitation, Jurisdiction and Composition of Offences 546
19. The Social Security Fund under the OSH Code 557
20. Delegation, Onus of Proof and Common Licences 563
21. Overriding Effect, Inquiries and the Bar on Civil Courts 571
22. Exemptions and the Power to Amend the Schedules 581
23. Rules, Regulations, Bye-laws and the OSH Repeals 591