SHOPS & COMMERCIAL ESTABLISHMENTS VS OCCUPATIONAL SAFETY, HEALTH & WORKING CONDITIONS CODE 2020

[ramesha M H]

SHOPS & COMMERCIAL ESTABLISHMENTS VS OCCUPATIONAL SAFETY, HEALTH & WORKING CONDITIONS CODE 2020. 7/13/2022 0 COMMENTS   K.Vittala Rao. Legal & Management Consultant. Bangalore The views in this article are the author's point of view. This article is not intended to substitute legal advice. An Area of Concern to be addressed by the Central as well as State Governments and also by all professionals. Now, we are very familiar with the provisions of Occupational Safety, Health & Working Conditions Code 2020. The draft rules based on the Central Draft Rules, also have been published by most of the State Governments. It is appropriate now to deeply analyze various implications arising out of the Code. The Code has repealed the existing legislations under the scope of the Code, mainly Centrally enacted with State Rules for implementations. The Code has not touched upon any State Legislations like, Shops & Commercial Establishments Act, Labour Welfare Fund Act, National Festival Holidays Act etc. Arising out of this, we need to examine the enforceability of Shops & Commercial Establishments Act with Rules and the controversies while deeply examining the Code. Are there any overlapping or the extent of repugnancy? Hence, I have made an attempt to analyze and present to all Legal Practitioners, HR Fraternity and no exceptions to State / Central Authorities. Shops & Commercial Establishments Act Applicable to all Shops & Commercial Establishments with no limit prescribed. Covers all employees except persons holding positions of management. OSH & WC Code 2020 Applicable to all Establishments as defined under Sec 2 (v).  The coverage limit is 10 or more workers are employed. Let us note “workers”, means as defined under IR Code 2020. Does it mean that Shops & Commercial Establishments Act, is applicable to those employing less than 10 workers only? In case the Establishments employing more than 10 workers, then the OSH & WC Code is applicable as well as State Shops Act ?? In such an event, the Establishments is covered under both the State Shops Act as well as Code?? Registration is mandatory under State Shops Act The draft Code Rules, mainly addressing Factories, Plantations, Motor Transport undertaking, Bidi & cigar establishments, Audio visual undertaking, Building & Other Constructions, Establishments Employing Contract Workers, that employing more than 50 contract workers. No mention of Registration of Commercial Establishments.

For more details kindly click the below link:

https://www.mhrspl.com/hr-blog/shops-commercial-establishments-vs-occupational-safety-health-working-conditions-code-2020

Your's sincerely

MH. Ramesha, MSW, PGDELT  

Managing Director :M&HR Solutions Pvt. Ltd 

Founder Secretary: Nirathanka Trust (NGO)

Publisher: Niruta Publications  

linkedin.com/in/rameshaniratanka123

www.mhrspl.com /www.niratanka.org/ www.hrkancon.com/ https://www.nirutapublications.org/

PH: +91-9980066890/+91-8310241136/080-23213710

------------------------------------------------------------------------------------------------------------