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Annual Report 2020-21 11-2-20 MinistryofLabour&Employment (GovernmentofIndia) OneRegistration Schemesforgigand OneLicence platformworkers ESICcoverageforall Nationaldatabaseformigrantworkers. ANNUAL REPORT 2020-21 Ministryof Labour&Employment GovernmentofIndia CONTENTS Sl.No. CHAPTERS PAGENO. 1. HIGHLIGHTSOFIMPORTANTACTIVITIES 1-15 2. ORGANISATIONALSTRUCTURE&FUNCTIONS 16-28 3. INDUSTRIALRELATIONSCENTRALINDUSTRIALRELATIONMACHINERY(CIRM) 29-44 4. NATIONALLABOURAWARDS 45-46 5. WAGES 47-57 6. SOCIALSECURITY 58-72 7. LABOURWELFARE 73-77 8. UNORGANISEDWORKER 78-83 9. BONDEDLABOUR 84-85 10. CONTRACTLABOUR 86-87 11. WOMENANDWORK 88-95 12. CHILDRENANDWORK 96-106 13. OCCUPATIONALSAFETY&HEALTH 107-133 14. WORKERSEDUCATION 134-139 15. PROGRAMMES 140-143 16. WELFAREOFSCHEDULECASTESANDSCHEDULETRIBES 144-145 17. LABOURSTATISTICS 146-155 18. LABOURRESEARCHANDTRAINING 156-171 19. INFORMATIONTECHNOLOGY(IT)/ 172-181 MEDIARELATEDINITIATIVES/E-GOVERNANCE 20. VIGILANCEANDREDRESSALOFPUBLICGRIEVANCES 182-189 21. INTERNATIONALCOOPERATION 190-195 22. PRINCIPALACCOUNTSOFFICE,MINISTRYOFLABOUR&EMPLOYMENT 196-199 23. DIRECTORATEGENERALOFEMPLOYMENT 200-210 24. EMPLOYMENTASSISTANCETOSPECIALCATEGORIES 211-217 25. GENDERBUDGETING 218-219 Chapter-1 HIGHLIGHTSOF IMPORTANTACTIVITIES INTRODUCTION Labour, Ministry has taken steps for codification of existing Central labour laws into four Codes by 1.1 Work is part of everyone's daily life and is simplifying, amalgamating and rationalizing the crucial to one's dignity, well-being and relevant provisions of the Central Labour laws. development as a human being. Economic development means not only creation of jobs but 1.4 Salient Features of Four Labour codes also working conditions in which one can work in (1) The Code on Wages, 2019 freedom, safety and dignity. The Ministry of Labour & Employment, one of the oldest and · Subsumes 4 Labour Acts, namely, the important Ministries of the Government of India, Minimum Wages Act, 1948; the Payment is functioning to ensure improving life and dignity of Wages Act, 1936; the Payment of of labour force of the country by protecting and Bonus Act, 1965 and the Equal safeguarding the interest of workers, promotion RemunerationAct, 1976 of their welfare and providing social security to · Universalizes minimum wages to all the labour force both in Organized and employees in all sectors as against Unorganized Sector by enactment and employees of scheduled employment, at implementation of various Labour Laws, which present regulate the terms and conditions of service and employment of workers. The State Governments · Central Government to fix National Floor are also competent to enact legislation, as labour Wages is a subject in the Concurrent List under the · Revision of minimum wages ordinarily at Constitution of India. an interval of 5 years 1.2 The Ministry of Labour and Employment has · taken several initiatives, legislative as well as Universal applicability of provisions of administrative, to provide decent working timely payment of wages conditions and improved quality of life for (2) The Industrial Relations Code, 2020 workers, employment generation and · simplification of Labour Laws for ease of doing Subsumes 3 Labour Acts, namely, the business. The endeavour of the Ministry is to Industrial Disputes Act, 1947; the Trade create a climate of trust that is essential for Unions Act, 1926; the Industrial economic growth and development and for the Employment (Standing Orders) Act, dignity of the labour force of the country. 1946. New Initiatives / ImportantActivities · The IR Code, 2020 has been notified on 29.09.2020. LEGISLATIVE INITIATIVES · Recognition of trade unions or federation LABOUR LAW REFORMS of trade unions by the Central and State 1.3 Labour Codes: As per the recommen- Government to replace Code of discipline dations of the 2nd National Commission on · Concept of Recognition of Negotiating 1 AnnualReport2020-21 Union/Council introduced § Occupational Safety standards for different sectors · Definition of Worker (limit for declaring supervisor to be notified) and definition of § Health and Working Conditions : Industry (Bangalore Water Supply case) ventilation, drinking water, etc. § · Fixed Term Employment worker category Hours of Work , Overtime hours, included Leave, Holiday, etc. § Welfare provisions : canteen, · Re-skilling Fund for training of retrenched crèche, rest rooms, first aid, etc. employees § Mandatory provision for granting · Concerted casual leave by 50% or more appointment letter by the employer. workers on a day to be treated as strike § Annual health check-up / examination · Set up Industrial Tribunal by replacing had been provided in respect of tests multiple adjudicating bodies like the Court etc. as prescribed for such employees of Inquiry, Board of Conciliation, Labour or description or class of employees Courts. or establishments or description of · Reference of dispute to Industrial Tribunal establishments above the prescribed byAppropriate Government done away. age, and the cost for the same to be borne by the employer · Two Members Industrial Tribunal. Each § Duties of employers, employees, individual Member can adjudicate all manufacturers, etc. issues except matters relating to retrenchment, closure, strike, etc. § Registration of establishments including deemed registration, · Dispute of registered trade unions included within the purview of Industrial § Common Licence for contract Tribunal as demanded by Trade Unions worker, Factories, Beedi & Cigar. § · Incorporation of 14 days' notice period for Definitions in various Acts rationalised all strikes and lockouts which was earlier Including in case of “worker”, required for public utility services only “establishment”, “industry”. Definitions reduced to 65 as against · Introduction of provision of compounding 160 in the 13Acts. of offences § One registration for establishments (3) The Occupational Safety, Health and having 10 or more employees as Working Conditions Code, 2020 against separate registrations under 6 · Subsumes 13 Labour Acts relating to CentralActs including BOCWAct, The Factories , Mines, Dock, Construction Contract Labour Act, Inter-State Workers, Plantation, Motor Transport & Migrant Workmen Act, Motor Beedi and Cigar, Contract Labour & Inter- Transport Workers Act, Plantation State Migrant Workers. LabourActs and FactoriesAct. (i) The applicability of the ISMW · The OSH Code, 2020 has been notified has been fixed at 10 to bring on 29.09.2020. uniformity of applicability · Code envisages: threshold in OSH Code. 2 MinistryofLabour&Employment Further, wage limit as to who is provided. ISMW would be notified by the § Different applicability thresholds for Central Government. welfare provisions like crèche, (ii) For the purpose of collection of canteen, first aid, welfare officer etc in data while seeking registration, differentActs have been rationalized. an establishment would have § Compounding of offences has been to necessarily indicate the introduced. number of ISMW employed in his establishment. § Apart of the penalty for any violation of the provisions of the Code leading to (iii) W i d e e x p a n s i o n o f t h e death or serious bodily injury to any definition of ISMW: to include person, can be given to the victim or (a) recruited through contractor the legal heirs of the victim by the (b) directly recruited by the Court. employer (c) ISMW comes of his own for employment in § Web-based inspection introduced. another state. § Number of returns reduced. § The ambit of the benefit to ISMW have (4) The Code on Social Security, 2020 been replaced to provide (a) lump- · sum allowance for undertaking Subsumes 9 Labour Acts including journey by migrant worker to visit his Employees' Provident Funds & native place in a period to be decided Miscellaneous Provisions Act, by appropriate Government; and (b) Employees' State Insurance Act, to formulate a scheme for providing Payment of GratuityAct, Maternity Benefit portability of benefits of public Act, Employees Compensation Act, distribution system and portability of Building and Other Construction Workers benefits to a worker who is engaged in Welfare CessAct. building and other construction work · The Code on Social Security, 2020 has in one State and move to another been notified on 29.09.2020. State by appropriate Government. · Proposes to create a comprehensive § An all India licence de-linked from framework legislation for social security “work order” introduced to avoid obtaining of repeated licence for each · A right based system for phased work under existing Contract Labour universalization of social security Act. contribution to be made by the employer/employee § Ambit of cine worker has been expanded to include all audio-visual · Government may contribute for deprived workers and workers in the electronic category of worker media THE EMPLOYEES' COMPENSATION ACT, § Multiple committees under five labour 1923 Acts have been merged into one 1.5 Wage ceiling for calculation of compensation National Occupational Safety and under the Employees' Compensation Act, 1923 Health Advisory Board. Provision of has been revised to Rs. 15,000/- p.m. from Rs. state advisory board has been 8,000/- p.m. w.e.f. 03.01.2020. 3 AnnualReport2020-21 Implementation of Pradhan Mantri Shram in enforcement of labour laws and ease Yogi Maan-dhan (PM-SYM), and National complexity of compliance. It caters to four major Pension Scheme for Traders, Shopkeeper Organizations under the Ministry of labour, and Self-Employed Persons: namely 1.6The PM-SYM and NPS Traders
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