However, proper training and awareness of the potential hazards can help workers confidently enter mines, tanks, or manholes. Some practical pros of confined space training are listed here:

Awareness of Possible Hazards

A layman doesn’t know the hazards of confined places. However, if someone needs to apply in a company with the main job role of working in mines then he must be aware of the possible hazards. When you know that a mine can contain flammable material or death risking gases, you’ll obviously ponder the precautionary measures first.

Reduce the Risk of Death

Toxic atmospheres usually have asphyxiation due to the deficiency of oxygen and working in such places is not an easy task. Companies should not risk the lives of workers and it is indispensable to organize training sessions for employees.

Make sure to provide a written document to each employee with safety precautions. However, forced air circulation is the first thing workers should be aware of because it reduces the risk of death.

Quick Responding to Mishaps

As the possibility of hazards is still there, mishaps can cause loss. However, confined space training at Easy Guides can help you learn about the quick response to accidents. Do you know how beneficial is the rapid yet sensible response to mishaps? It can actually prove life-saving and this is a reason that training is vital.

Knowledge of Useful Equipment

A backpack is obviously mandatory for going inside a tunnel. The workers must know the equipment and tools required to take inside. Small oxygen machines or dehumidifiers may require a different usage in closed places so make sure that the instructors brief every single detail.

Better Productivity

When employees know that they are safe in the tunnel, they can do their job more efficiently. Companies can ensure better productivity by ensuring the best training of employees. The confidence level of a mine worker directly affects its efficiency. An experienced person always brings better results because he knows how to tackle emergencies in confined places.

First-Aid Training

Companies should have a flawless monitoring system of the tunnel’s atmosphere. Quality first aid boxes should be in the access of every worker. Training helps workers to adopt the best rescue procedure during emergencies. It is always recommended to send a team of doctors along with workers because they can provide better treatment.

Make the Work Permit Mandatory

A work permit is mandatory in most states because without it, working in confined spaces is not allowed. People should get themselves tested before applying to such jobs. If you have asthma problems or any other disease, the best thing is to avoid such jobs. Companies should also require a medical record of staff before sending them into tunnels or other confined places.

Low Employee Turnover

Proper training sessions build confidence in employees and they ultimately work with more passion. It helps you reduce the employee turnover rate. Mining experts believe that training is beneficial for both company and employees.

Compliance with Human Rights Rules

The human rights association usually shows concern in this regard so if you want to maintain the reputation of the company, make sure to train the workers for the best. In short, the pros listed in this blog should be pondered seriously and every worker is liable to obtain the training before entering into any confined place.

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The government has now lifted most restrictions, including mask-wearing requirements unless a company decides to implement their own rules. However, there are still some guidelines business owners need to follow to protect their workforce.

Companies will need to update their risk assessment documents to include any measures they might have to help tackle the spread of COVID-19. With social distancing rules now removed, there are some guidelines businesses will need to follow. Some of these have remained unchanged but are considered more important now:

• Adequate ventilation
• Sufficient cleaning
• Hand washing

While the government has not mandated additional steps, they point to provisions like encouraging employees to get vaccinated and regular workplace testing to help limit spread in the workplace.

Improving ventilation

The law has always stated that employees must have an adequate supply of fresh air when working in enclosed spaces. This can either be natural fresh air from an open window, door, or air vent, or mechanical ventilation that uses fans to bring clean fresh air from outdoors.

This hasn’t changed as a result of the pandemic, but many workers are taking this much more seriously now that we know how COVID-19 spreads. In your risk assessment, you’ll have to identify poorly ventilated areas and how you will address the need for ventilation.

Good ventilation reduces the number of small particles, including viruses, in the air. If there is no ventilation, these particles can build up and increase the risk of droplet transmission.

Improving cleaning

The guidelines for cleaning the workplace have been updated to help address the issue of surface transmission. In addition, it includes guidance for what your cleaning regime should look like depending on your workplace.

Steps like identifying frequently touched surfaces and cleaning shared equipment and tools are likely to be more important in a post-pandemic world.

Encouraging hand washing

One of the simplest steps we can take to help stop the spread of the virus is to wash our hands regularly. Employers are being encouraged to ensure workers can access handwashing facilities with ease. And in areas where this would be difficult, a hand sanitiser should be provided.

The guidance has been updated to suggest that handwashing stations should be added near the entry/exit points to encourage frequent washing. And hand sanitiser is also recommended at additional points.

Can employers enforce testing and vaccinations?

Some employers are encouraging regular testing to help protect individuals in the workplace. Some industries may go further and mandate vaccinations for all workers. Those employed in the care sector, for example, are facing mandatory vaccines to be able to work with the elderly and vulnerable.

While it is down to individual companies to decide which measures to introduce, including keeping measures like social distancing and masks, we don’t yet know if this will lead to an increase in unfair dismissal claims.

Employers will need to tread carefully when exploring anything like mandatory vaccines or workplace testing. For example, there is always the risk an employee could bring an unfair dismissal claim if they are fired after revealing they aren’t vaccinated.

There is also the risk it could be interpreted as discrimination. For example, young people may be reluctant to get a vaccine because they perceive the low risk of a blood clot to the higher than the risk of contracting COVID-19. This could be interpreted as age discrimination because an older person might not see this as a risk.

How to manage a return to work

When bringing workers back into the workplace, there are steps to consider when making your workplace COVID-secure. Communication and transparency is the best place to start. Speaking to your workers and finding out about their concerns will help you understand how to manage the return to the office.

If workers are concerned about crowding in the office, consider a staggered workday or allowing occasional home working. And if workers are worried about ventilation as we head into winter, now is an excellent time to start thinking about improving your office.

Encouraging vaccination and testing will always be more welcome than a mandate. Making anything mandatory could divide your office and create unnecessary tension. Making it easier for workers to get their vaccines by offering time off may help.

Ultimately, if you want to avoid costly claims of discrimination and unfair dismissal, try to remain flexible and understanding of different views. While government guidance might be a good place to start, it’s also important to consider your workforce and what is best for them when implementing workplace rules.

The post What are the legal duties of employers towards their employees in managing a safe return to the office & workplace? appeared first on Legal Desire Media and Insights.

However, there is a general lack of clarity with respect to the topic of maternity leave in Canada and through this article, we hope to address the top questions regarding this topic, as well as, dispel any ambiguity surrounding it.

1. How long can my maternity leave be valid?

Generally, you can apply for maternity leave for a maximum period of 17 weeks. You can take your maternity leave at any point from the beginning of your third trimester (13 weeks before the due date, to be precise), provided it doesn’t stretch beyond a time period of 17 weeks from the date of delivery. However, the duration of maternity leave differs from one province or territory to the next; therefore it is best to educate yourself about the rules in your province or territory before you apply for maternity leave.

In order to be eligible for maternity benefits, you must qualify for insurable employment; which means that you must have clocked a minimum of 600 hours of insurable employment within the last one year of employment.

2. Can I rejoin my workplace before my rejoining date?

Yes, you can rejoin your place of employment before your rejoining date. However, at most workplaces employees need to send in an official request addressed to the Human Resource Manager four weeks before the date they intend to rejoin the firm.

It is, however, important to remember that once you begin your maternity leave, you cannot pause it or have your days readjusted to a later date and club them together with other holiday periods.

3. What is the difference between maternity leave and parental leave? What is the duration of parental leave?

Only birth mothers can avail of the benefits of maternity leave. Parental leaves are meant for both parents and remain valid in the case of adoptive parents too. It reflects Canada’s commitment to ensure that the transition into parenthood is smooth for its citizens. Parental leaves can be opted for a period of 35 weeks by both parents in the year following their child’s birth or adoption.

4. What is the Federal Employment Insurance and how to check your eligibility?

Federal Employment Insurance is a state-backed venture which provides new or expectant parents with financial support so that they do not have to compromise on the safety and well-being of their newborn or miss out on the experience of parenthood.

Most employers generally deduct Employment Insurance (EI) premiums from their employees’ salaries. Business owners or self-employed individuals have the option of paying Employment Insurance premiums if they wish to avail its benefits in the future.

It’s important to note that salaried employees must have clocked 600 insurable working hours over the last one year and self-employed individuals must have paid Employment Insurance for a period of one year or more before requesting its benefits.

5. How much money can I expect to receive through EI?

Under EI’s maternity benefits, you are entitled to receive 55% of your regular weekly wages for a maximum period of 15 weeks.

After this period applicants can further avail of EI’s parental benefits, whereby either of the two parents can choose to take a leave of up to 35 weeks and continue to receive 55% of their regular weekly wage throughout the period.

Recently, the government of Canada decided to extend its Maternity Leave benefits to a period of 18 months; whereby after the end of the initial 15 weeks of maternity leave, either parent can choose to take up to 61 weeks of parental leave during which they will continue to get paid at the rate of 33% of their regular weekly salary. The payment rate remains unchanged for the initial 15 weeks of maternity leave.

It is imperative to remember that EI’s financial assistance qualifies as taxable income and is taxed as such by the federal and provincial tax authorities. If you are self employed it is important to know that you may still be eligible for maternity allowance. Self employed maternity pay will differ per country, but in Canada if you are eligible you can expect to receive around 55% of your earnings from self-employment. There is a limit to this amount and you will need to be signed up for the EI program for atleast 12 months, with proof of a certain amount of self employed earnings.

6. Does my employer have to pay me my wages or any sort of financial compensation during my maternity leave?

No, your employer isn’t bound by law to pay you any sort of financial compensation during the leave period.

However, some employers choose to pay their employees on top of the EI benefits they receive. You can enquire about the same with your firm’s HR or founder.

7. Am I at the risk of losing my employment if I’ve applied for maternity leave?

Your employer cannot fire you from your job because you are pregnant, as long as your condition doesn’t debilitate you from discharging your duties. Similarly, you cannot be demoted on the sole pretext of your pregnancy.

8. When and how can I apply for EI maternity and parental benefits?

You can check your eligibility and directly apply for your EI maternity and parental benefits on the Government of Canada’s official website.

We would advise you to apply for your EI maternity and/or parental benefits as soon as you can begin to receive EI maternity benefits from the onset of your third trimester itself, or roughly 12 weeks before your due date.

If you have surpassed that stage and have recently stopped working at your workplace then we would advise you to apply right away so that you don’t miss the government’s four-week deadline from availing of EI benefits.

If you feel that you have been fired simply due to your pregnancy, then we suggest you get in touch with a team of qualified legal experts. Our reputed and trusted professionals here at De Bousquet in Hamilton will be glad to analyze your case in-depth and subsequently inform you about the legal resources at your disposal as well as about what you can consider being a fair severance payout.

Contact us at 416-616-5628 and we would be happy to answer any of your queries regarding parental and maternity leave in Canada.

The post Top Questions About Maternity Leave appeared first on Legal Desire Media and Insights.

It covers medical expenses, a portion of lost wages and rehabilitation. The workers compensation settlement can either be a lump sum settlement or a structured payment plan.

While these are general facts about worker’s compensation, there are other facts you might not know.

Given below are some surprising facts about worker’s compensation.

1. Wisconsin Was The First State To Pass The Worker’s Compensation Law

The Worker’s Accident Insurance Act which was passed in 1884 is a modern worker’s compensation system compared to the Employer’s Liability Law of 1871. The latter gave limited protection to workers only in certain factories, railroads and mines.

Before this, injured workers had to go to court to receive compensation. They hardly received compensation because employers took advantage of several laws to avoid liability and even blamed the workers for causing their own injuries.

Poor working conditions like cramped working spaces, exposure to toxic chemicals and lack of safety measures often contributed to workplace injuries.

2. Worker’s Compensation Does Not Cover All Injuries

Given below are some of the injuries which are not covered by worker’s compensation.

• Intoxication – Injuries which are a result of drug or alcohol abuse will not be covered by worker’s compensation. All workers are expected to stay away from drugs and alcohol in the workplace.
• Commuting – Unless you are travelling for a job related purpose like making deliveries for your employer or travelling for business, you are not covered by worker’s compensation insurance if you get injured while commuting to and from your home.
• Fights – If you intentionally start a fight with another co-worker and get injured in the process, your injuries will not be covered by worker’s compensation.

If you don’t know whether your injury is covered by worker’s compensation, we recommend hiring a good workers’ compensation lawyer who can help you determine whether you are eligible to receive benefits.

3. Worker’s Compensation Insurance Might Cover Your Injury Even If it Didn’t Happen On The Work Site

In case you were injured while running an errand for your employer, making deliveries or travelling for any other job related purposes within the scope of employment, your injuries might be covered by worker’s compensation.

This will depend on different states according to the laws laid down by them. Injuries during commuting are usually not covered.

4. An Injured Worker Can Sue Their Employer

If an injured worker plans on suing their employer, he/she will have to waive their right to worker’s compensation.

They must also be able to prove that the employer’s negligence was intentional or reckless.

5. If A Worker Develops A Condition Or Disease Due To Poor Workplace Conditions, He Might Be Eligible For Worker’s Compensation

Occupational diseases which are sustained by workers during the course of their employment might be covered by worker’s insurance.

Some of the diseases include,

• Skin diseases due to physical, chemical or biological agents.
• Occupational asthma which is caused by sensitizing agents
• Lung cancer and skin cancers caused by tar, bitumen, pitch, mineral oil and other toxic compounds.
• Bronchopulmonary diseases
• Hear impairment and vision loss

6. Worker’s Insurance Doesn’t provide Compensation For Pain And Suffering

Worker’s insurance settlements are different from personal injury settlements in this case.

Personal injury lawsuits provide compensation for pain and suffering but worker’s compensation covers only medical expenses, lost wages and financial support for disabilities.

7. Injured Workers Can Receive Worker’s Compensation And Social Security Disability Benefits At The Same Time

If an injured worker applies for social security disability benefits, he is also required to disclose information about his worker’s compensation claim and mention the payments he has received.

In most cases, the amount of worker’s compensation benefits can reduce your SSDI benefits. The Social Security Administration requires a reduction in SSDI benefits so the total monthly amount received is not more than 80% of net earnings of the individual. Click here to read more about SSD and learn how legal professionals can help you with it.

8. Majority Of Worker’s Compensation Benefits Are Not Taxable

Generally, worker’s compensation benefits are not taxable at state or federal levels.

If you are entitled to SSDI and worker’s compensation benefits at the same time, a portion of your worker’s compensation benefits might be taxed.

Conclusion

If you are an employee working for a company it is good to have a proper knowledge about how worker’s compensation works. This will help you to be fully prepared in case you develop a workplace injury in the course of your employment.

The post 8 Surprising Facts About Workers’ Compensation appeared first on Legal Desire Media and Insights.

Introduction

We see the constant struggle between labour and capitalists, and how capital exploits them for its own gain while failing to provide them with basic necessities of life. As a result, India has enacted several of the labour laws aimed at improving the working conditions of workers, many of which are directly related to the growth of industry and the national economy. As a result, the growth of labor legislation is critical for the nation’s growth. The International Labour Organization (ILO) in 1919 paved the way for the development of labour laws in India. In India, labor policy has been very dynamic, adapting and catering as a stimulant to the environment and meeting the needs of social justice and economic development.

Pre-1920s

With the advent of industrialisation, there has been a steady change in the labor force from rural to urban areas; however, colonial authorities paid little attention to work organization, aside from the penal provisions in present at the moment, which were formulated for labor supply and discipline for emerging industries. The majority of British regulations relating to workers revolved primarily around “forced labor.”

The Workmen’s Breach of Contract Act, 1859was a significant piece of legislation at the time. This Act not only demanded fines in cases of employment breaches, but it also provided for orders for specific performance of service.

The government began to intervene in the employment of women and children, as well as the working hours of workers in factories and mines, in the 1880s. The majority of law is the product of various government investigations. However, the legislation was not fairly enforced in these industries’ working practices, resulting in a very limited and selective effect. For example, the Factories Act of 1881 only applied to factories with 100 or more employees using electrical power. The Factories Act of 1891 applied to factories with 50 or more employees on the premises.

Post-World War I and the The 1920s

Several factors mixed the industrial and political environment, including the rise of a strong nationalist movement, the rapid growth of trade unions (which led to the formation of the All India Trade Union Congress in 1920), and the emergence of Communist influence in the labor movement. At that time, the recently formed ILO (International Labour Organization) began to influence the policies in relation to workers.
The Factories Act of 1922, the Mines Act of 1922, and the Workmen’s Compensation Act of 1923 were all protective legislation at the time. With regards to industrial relations, this time saw the advent of a modern outlook, with the formulation of The Trade Union Act of 1926 and the Trade Dispute Act of 1929, both of which are formally still in use by present-day India.

The 1930s and the Pre-Independence Period

Owing to the world economic depression, there was a surge in unemployment. During this period, there was continuous agitation for Indian independence, in which the All India Trade Union Congress played a key role. A wave of strikes accompanied the mass dismissal, which coincided with the economic recession.[1]

In 1929, the British government established the Royal Commission on Labour in India. The Indian Labour Movement opposed the commission. Unrest in the workplace, wage reductions, and employment losses persisted.

The Industrial Employment (Standing Orders) Act of 1946 required employers to provide employees with transparent terms and conditions of employment as required by the Act’s Schedule and the concerned authorities.

The Factories Act of 1948 and the Minimum Wage Act of 1948 were also important statutes during this period. Most of these laws had a system similar to the Industrial Disputes Act of 1947, which limited their application to specific types of industry establishments.

Post- Independence, 1948 Onwards

Following Indian independence, it was resolved that the Indian Central government would be solely responsible for labor-related laws, acting for their interests and reflecting a five-year development plan that included dealing with every phase of a labor’s life, housing, welfare, good working conditions, and wages.

The Dock Workers (Regulation of Employment) Act of 1948 prohibited hiring of casual dock workers. The Employees’ State Insurance Act of 1948 enabled workers to obtain insurance in the event of illness, maternity, accident, or death, while the Plantations Labour Act of 1951 established welfare procedures for workers in the rubber and tea plantation industries. The Employees’ Provident Fund and Miscellaneous Provisions Act 1952 was present in terms of social security legislation.

In addition, India’s consistent and constant labor laws followed the previously identified dual trend. Although trade unions were legally recognized, collective bargaining was recognized, and strikes and lockouts were legal, industrial peace was promoted.

The amendment of the Industrial Disputes Act of 1947 in 1982 encapsulated with legislations that outlawed various union, staff, and employer practices that disrupted the legalized system of dispute resolution in some way. The employer’s refusal to bargain collectively in good faith was considered as unfair trade practice.[2]

The labour laws of independent India derive their roots, inspiration, and power partly from the views articulated by important nationalist leaders during the national freedom movement, partly from the debates of the Constituent Assembly, and partly from the provisions of the Constitution and the International Conventions and Recommendations. Significant human rights, as well as United Nations conventions and norms, also inspired the Labour Laws. The sessions of the different Sessions of the Indian Labour Conference and the International Labour Conference have also had a major impact on our labor laws.[3]

The Indian government adopted a policy of economic liberalization in 1991. Since Indian labor laws (including social security laws) were historically inclined to be protective of labor and not conducive to competition in the labor markets, the increased competition in the fast-changing markets presented a new set of challenges.

India’s Recent Developments and Reforms

The Ministry of Labour and Employment, Government of India has informed on the ease of compliance in order to maintain registers under Specified Labour Laws Rules, 2017 (Ease of Compliance Rule). These rules help establishments to merge registers, in either electronic or physical form, as required by the law. The underlying objective behind this was to reduce the burden of the establishments while also making it easier to do business in India.

The Second National Commission on Labor (2002) proposed that central labor laws be grouped into classes such as:

ü  Industrial Relations

ü  Wages

ü  Social Security

ü  Working conditions and welfare

The Commission proposed this because existing labor laws were outdated, complicated, and had inconsistencies in their definitions. For the sake of transparency and uniformity, the Commission recommended that labor codes be simplified.

The Central Government introduced four bills in 2019 to consolidate 29 central laws into 4 labor codes. There are the following:

1.      Industrial Relations Code includes 3 laws:

1.1  The Trade Unions Act, 1926

1.2  The Industrial Employment (Standing orders) Act, 1946

1.3  The Industrial Disputes Act, 1947

It aims to consolidate and amend the laws relating to Trade Unions, conditions of employment in industrial establishment or undertaking, investigation and settlement of industrial disputes. 

2.      Code on Wages includes 4 laws:

2.1  The Payment of Wages Act, 1936

2.2  The Minimum Wages Act, 1948

2.3  The Payment of Bonus Act, 1965

2.4  The Equal Remuneration Act, 1976

It aims to regulate wage and bonus payments in all employments (industry, business, trade and manufacture). [4]

3.      Code of Social Security includes 9 laws:

3.1.The Employees’ Compensation Act, 1923

3.2.The Employees’ State Insurance Act, 1948

3.3.The Employees Provident Fund and Miscellaneous Provisions Act, 1952

3.4.The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

3.5.The Maternity Benefit Act, 1961

3.6.The Payment of Gratuity Act, 1972

3.7.The Cine Workers Welfare Fund Act, 1981

3.8.The Building and Other Construction Workers Welfare Cess Act, 1996

3.9.The Unorganised Workers’ Social Security Act, 2008

The code aims to extend social security to all employees and workers either in the organised or unorganised or any other sectors.

4.      Occupational Safety, Health, and Working Conditions Code includes 13 laws:

4.1  The Factories Act, 1948

4.2  The Plantations Labour Act, 1951

4.3  The Mines Act, 1952

4.4  The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955

4.5  The Working Journalists (Fixation of Rates of Wages) Act, 1958

4.6  The Motor Transport Workers Act, 1961

4.7  The Beedi and Cigar Workers (Conditions of Employment) Act, 1966

4.8  The Contract Labour (Regulation and Abolition) Act, 1970

4.9  The Sales Promotion Employees (Conditions of Service) Act, 1976

4.10                      The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

4.11                      The Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981

4.12                      The Dock Workers (Safety, Health and Welfare) Act, 1986

4.13                      The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

The code aims to consolidate and amend the laws regulating the occupational safety, health and working conditions of the persons employed in an establishment.

The Wages Code was passed in 2019, but the other three bills were referred to the Labour Standing Committee. Following the Committee’s recommendations, the government replaced these bills with new ones in September 2020. In September 2020, the Parliament passed three labor code bills as part of a plan to consolidate the country’s numerous labor laws.

Conclusion

Various legislations have been enacted to resolve various labor law concerns. These Acts were passed to bring to light the social and economic problems that the working class faces. Since labor laws are dynamic in nature, new legislation were drafted to adapt to the changing world and to ensure that they continue to evolve. India is working with the International Labor Organization on a variety of potential opportunities and projects.

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 India is an agricultural country. Over 70% of India’s population is directly or indirectly concerned with agriculture-related work. Because of the diligence of these farmers, we can sit and eat in peace. These farmers sustain the whole country; however, it’s a tragic truth that they’re grappling with starvation. The Indian law on Farmers’ Rights is considered successful at least partially by many stakeholders. Now, farmers’ rights are being acknowledged as a global concern, yet a consensus on implementing Farmer’s Rights remains vague. Internationally, it is accepted to a certain extent that farmers are crucial for our nation’s social and political fabric of society and need the Government’s support. India is among the first countries in the world to have passed legislation granting Farmer’s Rights in the form of the Protection of Plant Varieties and Farmer’s Rights Act, 2001 (PPVFR). India’s law is unique as it simultaneously attempts to establish breeders’ and farmers’ rights and protect their interests. Lately, the Central Government has established agricultural bills for the farmers’ advantage and the farm sector. Farmers and some state governments are opposing their opinion on these agrarian bills. Farmers across the country have protested against these bills by taking them to the streets. Indian Government introduced the Agriculture Bill in Sept 2020 by our President Ram Nath Kovind approved the three agriculture bills that the Indian Parliament passed.

Farm bill 2020

 In September 2020, India’s President gave assent to three farm bills passed by the Parliament. 

The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020, will allow barrier-free trade in agriculture produce outside the notified APMC ( Agricultural Produce Market Committee). With this bill’s help, the state will not impose barrier taxes on sale and purchase outside the Mandis and give freedom to sell their produce at a fair price. Yet, this bill is beneficial for big farmers as they have more choices and can start selling to private. However, farmer’s income will solely depend upon the ups and downs of the market.

 The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Bill, 2020, is a legal agreement between the farmer and the business owner (contract farming). The agreement will outline the condition for the production of farm products and their delivery requirement (which means the farmer agrees to supply products based on the buyer’s quality standards). The bill’s motive is to prevent the buyer’s change of thought and any form of exploitation. It works as a ”dispute settlement mechanism” between the buyer and the farmer.

The Essential Commodities (Amendment) Bill, 2020 controls the production, supply, and distribution of certain food commodities. With the help of these laws, the central Government can include new commodities when its need arises. They can also take them off the list once the situation improves. The Government believes the new laws will provide farmers with more option, with competition leading to better prices and ushering in a surge of private investment in agricultural marketing, processing, and infrastructure.

Scenario before farm bill 2020 – 

Before the bill was passed, the farm produce was bought and sold primarily in the APMC’s ( state government-regulated markets). Only license traders can buy from APMCs. APMC physically requires farmers to bring their produce to the market, and that was a problem because farmers couldn’t afford transportation to bring it to the market and take it back. So the farmers who couldn’t go to the APMC’s would then sell it to a trader at whatever price they could afford. Before the bill was passed, the APMCs protect the small farmers because it’s a regulated space. There is a licensed trader, and there’s someone to complain regarding the concerns of the farmers. But over the period of time, APMCs have become a monopoly. Corruption started to occur, and middlemen and traders began to rule the roost. 

Farmer’s concern and demand –

• The Government affirms that the APMC system is flawed, and the only way to fix it to allow the farmers to direct taxes to the private sector. To enable private sectors to set up similar mandis across the country. The farmers fear that if the APMCs get wiped out, the farmers will effectively leave only at the private sectors’ mercy if the private sector begins to drive down the prices and has no option to lean on their concerns.

• APMC is where the farmers get their MSP (minimum support price). Farmers argue that if this law weakens APMC over a period of time and if the APMC shutdown, the MSP will go down with them. Because technically, a private sector Mandis is under no obligation to offer the MSP, and there’s no guarantee.

• 80% of farmers in our countries are small farmers (they have a small portion of land comparatively), so the farmers fear that they will not be able to have bargaining power against the corporates on the legal front.

• The salesmen raise the price of fruits/vegetables and sell them at higher prices to consumers, whereas farmers receive only a thin amount. Farmers should have ownership rights, but it is not easy to produce new varieties. And if money and opportunity are provided sufficiently by the Government, farmers can also invent and innovate. Farmers demand a law that is put in place that will guarantee payments from the buyers through intermediaries. Middlemen are also making money by selling the product for more than its purchase price.

• The law specifies that no one can file a case about this law’s specification against either the Central/state government or any state/central government officers. Farmers say that the problem with it is it takes away their fundamental rights to approach the courts.

• Farmers argue that these laws are throwing them to the wolves, the private sector. The private sectors are under no obligation to look after the farmers’ welfare. The private sector’s duty fundamentally is to its shareholders and its profits.

 Conclusion 

Imagine a situation where are the basic necessity of life (one that we call food, shelter, clothing) is circumvented by Government, what havoc and disturbance it can bring to society. As a society, we need to understand that the farmers act as a fundamental backbone of our Indian economy. And in this pandemic where everyone is struggling with their problems, the farmers were the ones who kept on producing, cultivating essential crops for running the economy and successfully transporting them to mandis.  These three 3 acts are revolutionary if the Government addresses the loopholes. The loopholes are quite concerning, and the Government should discuss the same with farmers to be more efficient and effective. The Government should form a proper contract farming mechanism so big rapacious corporates do not exploit any farmers. To solve conflicts between farmers and traders. The Government of india should establish a separate regulatory body rather than a Sub-Divisional Magistrate. The MSP system is very flawed, and even though the Government recently said that they are not repealing MSP, they still need to address the fact that only 6% of Farmers of our are getting benefits. The Government should Implement this scheme more efficiently and effectively by spreading awareness with Gram panchayat’s help so that the small farmers will know about this and get the benefit. Farmers in our country are not united. It would be better if farmers form a nationwide group or local groups to deal with big traders. More than ever, Effective implementation from the Government is necessary. 

References

• http://164.100.47.4/BillsTexts/LSBillTexts/PassedLoksabha/113_2020_LS_Eng.pdf
• https://en.wikipedia.org/wiki/Farmers_(Empowerment_and_Protection)_Agreement_on_Price_Assurance_and_Farm_Services_Act,_2020
• https://www.financialexpress.com/economy/explained-what-the-new-farm-bills-are-all-about-and-why-being-opposed/2086681/
• https://www.researchgate.net/publication/344508649_Impact_of_India’s_New_Farm_Act_2020_on_Farmers_and_Markets/link/5f7d6dfda6fdccfd7b4ca7d1/download
• https://www.theindiaforum.in/article/three-farm-bills

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The Labour Laws in India have been the same from the time of independence in 1947 and no new reforms have been made in the law in the span of more than 60 years. This becomes a grave situation as there is a huge time gap and many more new laws need to be implemented for the welfare of labourers as India is a country with labour surplus. The Code on wages was already passed by the parliament and the other three Labour code bills namely – the Occupation Safety, Health and Working Conditions Code, 2020; The Industrial Relations Code, 2020; and The Code on Social Security, 2020, were passed by the Parliament in September 2020, merging the 24 major central labour codes giving the much-needed boost to the labour reforms. The government of India claimed that these laws were implemented for reducing the issues faced by the labour force and to rase compliance between the government, employers and the workers. Utmost accountability and transparency were claimed by the government through these reforms.  

The working conditions of the labourers are mentioned under Chapter 5, Chapter 6, and Chapter 7 of the Code of Occupational Safety, Health and Working Conditions, 2020 (OSHWC). As per a survey by Lawrbit, this code is needed in the Indian Labour Reforms because:

• ·       There is a 46% deduction in registration and licenses related compliance resulting in a consolidated database centrally

• ·       Workplace deaths in India is 20 times higher than that of Britain

• ·       There is a 21% deduction in prior laws resulting it to be a dynamic legislation as compared to the existing sectoral approach

The code is proposed in such a way that it has the provisions of 13 major labour laws, for example: the factories act, the mines act, the contract labour act, and many more, into one single code. The code has laid special emphasis on the working conditions of the labourers and have focused on the health, safety and welfare of the labourers. The most important question of the improvement of working conditions of labourers is being answered through this code as it makes mandatory provisions for the employers to make sure that labourers are working in a safe environment and making sure that there is a high rate of risk reduction of accidents. Not only this, proper facilities need to be provided by the employers for the welfare of the labourers, for example: cleanliness. Hygiene, drinking water, canteen facilities, adequate lighting, proper ventilation services, locker room, self-cleaning places, creche, etc.

Few of the key changes in the working conditions of labourers after implementation of this code will be:

• ·       Women with children below the age of 6 years, usually bring their children to work to keep a check on them and also work at the same time, but this makes it difficult for them to focus and take care of the children at the same time. Hence, according to the new code, there would be an increase of 20 female workers for the purpose of creating creche facility for children below the age of 6 years which makes it a total of 50 female workers instead of 30 which was before the code was implemented.

• ·       Before the implementation of the code, the workers had to overwork and were also forced by their employers to work for more time than required which was a clear violation of their rights. Hence the regulations in the new reform has a significant effect on the workers. According to the new code, workers cannot be asked to work for the employers for more than 8 hours a day and 6 days a week and they are also entitled to take one day off for every 20 continuous days of work.

• ·       When there are a greater number of employees, a canteen facility where the workers can refresh and energize themselves for the work ahead should be set-up by employers to help and enhance the working conditions of the employees. And hence, according to the new code, a canteen facility needs to be established by the employer if he/she employs more than 100 workers.

• ·       Some female workers are capable enough to work night shifts with proper rules and regulations and proper safety provided to them. Before the code was implemented, female workers were not allowed to do the same by their employers, but now only with their consent, they can work after 7PM till 6AM (night shift) along with specific conditions.

• ·       If there are more than 250 workers, then there should be a establishment of welfare offices which was 500 workers before as per the Factories Act.

• ·       Construction workers need to work with utmost care and detail, or else their life can be in danger; hence, it is absolutely mandatory for the employer to make sure that workers with loss of vision, deafness, or dizziness cannot be employed in construction work by any employer as it becomes a matter of safety.

• ·       Before the code was implemented, woman who were capable and willing of doing hazardous or dangerous work which they felt they could do with ease to earn a little more than regular, were not allowed to do the same. But after the implementation of the new labour laws woman workers will be allowed to work any type of work irrespective of the hazardous process or dangerous operations.

• ·       Sometimes it so happens that the workers need to find a place to live as they have to work at the same place for a long period of time. It becomes difficult to find a accommodation near to the work place which makes it tough for the employees to reach work at time and their efficiency at work increases. Hence, according to the new code of labour laws, employers should also provide temporary living accommodations to the workers within or near the work site for making it easier for the workers to reach work on time.

These small yet significant changes would help make the working conditions of the workers better. But there are still many loop holes in these reforms for example, a woman can only put in maternity benefit if she was employed for a minimum of 80 days before delivery and cannot be employed within 6 weeks of delivery, miscarriage or medical termination of pregnancy, which are being opposed by the workers at this moment. Looking at the fact that these reforms are the very first reforms in the labour laws after India got independence in 1947, even if there is still a long way to go with the reforms, these make a difference and mark a significant change in the lives of the workers. The major question that still remains is that whether these labour codes make a significant balance between economic growth and labour welfare or not.

REFERENCES:

·       https://labour.gov.in/sites/default/files/OSH_Gazette.pdf

·       https://www.lawrbit.com/article/the-occupational-safety-health-and-working-conditions-code-2019/

·       https://www.sundayguardianlive.com/opinion/new-labour-codes-whose-benefit

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 Because of changing dynamics and awareness of labor laws reforms in India, on 28^th September 2020 with the assent of the President of India, the government came up with the historic labor codes focussing on varied and broader definitions and aspects of labor in India. These codes are The Code on Social Security, The Industrial Relations Code, and The Occupational Safety, Health and Working Conditions Code. The following article focuses on the Rights and benefits of contract/gig workers under these codes.

Meaning of Labour, Contract and Gig Workers

The new labor codes have interpreted the wide definitions of contract and gig workers, provided under Section 2(19) and 2(35) of The Code on Social Security, 2020 respectively.[2]

Contract Labour is defined as “means a worker who shall be deemed to be employed in or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer and includes inter-State migrant worker but does not include an employee (other than a part-time employee) who is regularly employed by the contractor for any activity of his establishment and his employment is governed by mutually accepted standards of the conditions of employment (including engagement on a permanent basis), and gets periodical increment in the pay, social security coverage and other welfare benefits per the law for the time being in force in such employment;”

Gig worker is being defined as “means a person who performs work or participates in a work arrangement and earns from such activities outside of traditional employer-employee relationship;”

The provision of the gig workers in the code reflect the changing scenario of emerging markets and a fresh take on the new different roles and definitions of a worker.

During these unprecedented times of COVID-19, there has been a relative rise in the no. of gig workers. Such unconventional roles needed protection under the new labor codes.

Need for schemes and provisions for gig workers

Words like “freelancers”, “gig workers”, and “platform workers” created a stir in recent years and picked up pace during the 2020 pandemic. One of the greatest examples of a gig market is the workers of the food delivery app Swiggy. During the pandemic, All India Gig Workers Union was formed in August 2020 to protect the interests of the gig workers, who were largely affected by the sudden wage cuts and unemployment distress. The incident reflected the state of the gig workers in the country.

The provision of gig workers in the code reflects the changing scenario of emerging markets and a fresh take on the new different roles and definitions of a worker.

During these unprecedented times, there has been a relative rise in the no. of gig workers. Such unconventional roles needed protection under the new labor codes

Rights/Benefits provided to Gig workers

Section 46(1)[3] of the Code gives power to the Central Government to frame various schemes for the benefits of the unorganized workers or gig workers.

Social Security Schemes powered by the Central government

Section 114(1)[4] gives the power to the Central Government to frame schemes and policies in regards to the social welfare of the gig workers and platform workers. The areas which are to be covered as follows:

(i)             Life and Disability cover

Schemes related to the protection of the Right to Life of the gig workers or anything which renders them disable due to any event will be protected under this section.

(ii)           Accident insurance

(iii)         Health and Maternity

Health policies and schemes are guaranteed to the gig workers. Maternity Benefits is described under Chapter VI of the code which specifies to what are the conditions which require a woman to take maternity leave.

(iv)          Old age Protection

Gig workers will be provided with the schemes of the old age-related circumstances and issues and benefits

(v)           Creche

The gig workers under the Code are protected with the schemes of education, even for the children and toddlers, provided by the government, gig workers will be able to avail themselves the benefit under this clause.

(vi)          Any other benefits provided by the government

The above section also provides for the implementation and the manner in which the schemes maybe implemented, sources of the funds, and any initiative or scheme by the Central Government.

The highlight of this Section is the role of the aggregators and their role and contribution towards funds for the gig workers. For this purpose, a wide list of aggregators has been given under the Seventh Schedule of the Act. The schemes can be wholly funded by the aggregators besides the Central Government and the State Governments. It gave an altogether new representation to the aggregators to further the cause.  It is notified that their contribution shall not be more than 2%, but not be less than 1% of their annual turnover. The Aggregators can be categorized as follows:

1.     Ridesharing services

2.     Food/ grocery delivery

3.     Logistics services

4.     Content and media

5.     Travel and hospitality and healthcare

6.     Professional services

7.     Healthcare

8.     E-market places (which includes a wide network of business mediums like B2B-business to business, or B2C- Business to Commerce)

Or any such services which may be provided by similar platforms/aggregators.

For better implementation of policies, Aggregators are also included in the National Social Security Board as provided by Section 114(6) of the Act.

 Social Security Fund for Gig workers/contract labor

Section 6(7)[5] of the Code provides for the various functions to be carried out by the National Social Security Board for the framing of the schemes for the benefit of the unorganized, gig, and platform workers. Their functions revolve around advising the Central Government on the various schemes provided for such workers and ensuring and monitoring that these schemes meet the requirements of the targeted audience. Besides, it would deal with financial assistance and record keeping.

This Code defines social security as “means the measures of protection afforded to employees, unorganized workers, gig workers, and platform workers to ensure access to health care and to provide income security, particularly in cases of old age, unemployment, sickness, invalidity, work injury, maternity, or loss of a breadwinner by means of rights conferred on them and schemes framed, under this Code;”[6]

Section 141(1)[7] of the Code provides for the social security fund to be provided for by the central government. It is set up to provide for the social welfare of gig workers and others as defined under this section.

Conclusion

The new Labor Codes, 2020 had provided a robust definition to gig workers and recognizing a new way of workstyle. These codes not only provide a broader aspect to the working of gig workers and rights and benefits provided to them but also a way forward to upcoming and emerging industries. Though these codes replace several Acts that were in existence before this, it is incredibly important that every aspect should be thoroughly studied and analyzed, and always provide scope for modern laws and upcoming generations of the workforce.

References

1.     SS_Code_Gazette.pdf (labour.gov.in)

2.     Labour Codes | Ministry of Labour & Employment

3.     The Code on Social Security 2020: How will this new labour Code benefit employees, workers? – The Financial Express

4.     The Code on Social Security, 2020 (labour.gov.in)

5.     New Labour Codes,2020 (legalserviceindia.com) 

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1.Occupational Safety, Health & Working Conditions Code 2020

2. Industrial Relations Code 2020

3. Code on Social Security 2020

So, under Occupational Safety, Health & Working Conditions Code 2020 there are certain important changes and additions which are explained as under:

·      Occupational Safety, Health & Working Conditions Code 2020 avails free-of-cost annual health check-ups for workers after completion of a certain age in order to that, the diseases could be detected if any and appropriate treatment of the employees can take place before it’s too late.

·      Under Occupational Safety, Health & Working Conditions Code 2020 it is specified that women can work in all establishments late night that is beyond 7pm and before 6am although there are certain safety protocols to be followed and this will not take place without their consent.

So, under Industrial Relations Code 2020 there are certain important changes and additions which are explained as under:

·      If we compare Industrial Relations Code 2020 with Industrial Relations Code 2019, 2020 bill requires the establishments with over 300 workers to seek the permission of the govt. before making any decisions related to closure (that is permanent closing down of a place of employment), lay-off (that is the reduction of a company’s workforce or employee staff) or retrenchment (that is termination by the employer of the service of a workman). Whereas in 2019 bill it was given that the establishment with over 100 employees has to consult the govt. before going ahead with closure, layoff or retrenchment.

·      If we compare Industrial Relations Code 2020 with Industrial Relations Code 2019, a new provision is added in code 2020, regarding Disputes relating to termination of individual worker that when there is any dispute related to discharge, dismissal, retrenchment, or otherwise termination of the services of any individual worker it can be considered under industrial dispute. The worked can apply for adjudication in industrial tribunal forty-five days after the application for the conciliation of the dispute was made.

Code on Social Security 2020

Last year (2019) a code on social security was introduced in parliament and was sent to the standing committee on labour for evaluation. the Code on Social Security, 2020 (Code 2020) was gone along in parliament on 19 Sept 2020 and was passed by the parliament on 23 September 2020

This bill was introduced in Lok Sabha and is to be applicable to everyone all around India.

Code on Social security 2020 covers these nine acts namely:

The Employees’ Compensation Act, 1923;

The Employees’ State Insurance Act, 1948;

The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952;

The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959;

The Maternity Benefit Act, 1961;

The Payment of Gratuity Act, 1972;

The Cine Workers Welfare Fund Act, 1981;

The Building and Other Construction Workers Welfare Cess Act, 1996;

and The Unorganised Workers’ Social Security Act, 2008.

·      This act covers a wide range from organised sector e.g.: EPF (Employees Provident Fund) to miscellaneous act to gratuity act to unorganised worker social security act which is a newer benefit criteria introduced in India, these all are amalgamated in this code of social security.

·      This code defines large number of workers and interestingly introduces new type of workers (e.g.: gig workers)

·      Under this code “employee” has been widely elaborated and has enclosed several other workers to gain advantage of this social security code, and to assist them to secure their employment in various factors.

·      As per the code “employee” means “any person employed on wages by an establishment, either directly or through a contractor, to do any skilled, semi-skilled or unskilled, manual, operational, supervisory, managerial, administrative, technical, clerical or any other work, whether the terms of employment be express or implied, and also includes a person declared to be an employee by the appropriate Govt., but does not include any member of the Armed Forces of the Union”

·      Under this code the definition of the wages has been revised, bifurcating it into classes like basic salaries, compensation, allowances, benefits.

·      In addition to those, it additionally specifies certain specific exclusions that cannot exceed 50% total remuneration.

·      This code is introduced to amend, fortify the laws, and to avoid destitution of basic needs of workers, for not only gig workers (that is freelancers, workers employed on project based work, short term work, that is workers who earns from providing specific service – food delivery etc.) platform worker (there is no such difference between gig worker and platform worker), unorganised worker, but also building workers, contract labours, dependents, exempt employee, home based workers, interstate migrant worker, medical practitioner, self-employed worker, wage worker and women.

·      According to the current bill even the workers, in establishments, where there are minimum number of employees like ten to twenty employees, can expect benefits such as pension, medical insurance etc. however, they are mandatory to employees earning above a certain wage (as notified by the govt.).

·      The code in addition edicts the central govt. to make new schemes for unorganised workers to cover life and disability, old age protection, maternity leaves or the other similar benefits, and also employment injury benefit, educational schemes for children, funerial assistance and skill upgradation for workers.

·      It is made mandatory for every unorganised worker, gig worker or platform worker to register and to produce his Aadhaar number to receive Social Security benefits.

·      There should be assistance given to the workers in form for compensation if the worker faces any serious bodily injury by accident or an occupational disease

·      And if death results from such injuries fifty to sixty percent of the monthly wages of the deceased as explained in the code should be given as assistance to his family.

·      According to the bill EPF (Employees Provident Fund) applicable to any or all establishments with twenty or more employees

·      According to the bill gratuity is made applicable to factories, oil field, port railways, companies with over twenty employers on any day in the year, even once the employer employ an employee for a set term of employment or the deceased employee, he is bound to pay the gratuity.

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