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News & Updates

New Compliance Obligations for Employers: Migrant Workers Registration & Benefits

March 12, 2021 | by C-Quel Legal Research Team

Labour Codes 2020newsOSH Codes

The OSH Code, 2020 has laid out enhanced compliance obligations for employers towards migrant workers. Employers shall have to recast their contract labour compliance obligations in a major way:-.

1. Every inter-state migrant worker, who, on his own will, or has been brought by the employer, to a state other than his state of origin for the purpose of employment, shall be registered as a migrant worker.

2. The registration of migrant workers has been made mandatory under the OSH code.

3. Details such as name, occupation, address, occupation type, educational qualification, skill types and family details to be registered.
4. The registration shall be seeded with Aadhaar to maintain National Database of Unorganized Workers (NDUW).

5. They shall be provided with an ID card wherein their state of origin shall be mentioned.

6. An annual journey allowance shall be provided to each migrant worker if their wages is less than 18 thousand.

7. The Code is applicable to every establishment where 10 or more inter-state migrant workers are employed or were employed on any day of the preceding twelve months

Gratuity Becomes Mandatory for Fixed Term Employees

February 24, 2021 | by C-Quel Legal Research Team

Labour Codes 2020OSH Codes

Under the new Social Security and OSH Codes, gratuity now becomes mandatory for fixed-term employees, irrespective of five-years tenure. The code also allows fixed term employees to avail leave encashment, resulting in an increase in their take home salary.
Employers will need to review their existing salary structure to comply with these new codes.