As a compliance officer, the Company Secretary has to ensure various provisions under Labour Codes. Discuss.
CS Professional · Labour Laws and Practice · PYQS · June 2025
As a compliance officer, the Company Secretary has to ensure various provisions under Labour Codes. Discuss.
Answer & Explanation:
As a Compliance Officer, the Company Secretary has to ensure the following: The Contractors, being an Immediate Employer, would be primarily responsible for compliance with all the applicable provisions of the Code and have a license to engage the contract labour. The organization, being a Principal Employer, will be liable for the defaults committed by the contractors under the Labour Codes, and the relevant authorities could proceed against the organisation as being Principal Employer for defaults committed by such contractors. The engagement of contract labour in core activities in the organisation is avoided except in case of utmost requirement as stated in the Code. The Code states that the principal employers are responsible for providing the prescribed welfare facilities and occupational health and safety to the contract labour engaged in the organisation. The Service condition and the applicable provisions of the Code are made applicable to all employees, including those in managerial and supervisory cadre as well as for fixed-term employment, and the fixation of wage period, deduction from wages, payment of wages and bonus should be as mentioned in the Code The organisation is duly registered under the Labour Codes as required and also complies with the licensing requirements and closure requirements as stated in the Code. Further, the Registers, returns and reporting requirements as stated in the Codes are maintained as required by the Code. Prior permission from the Government is obtained for lay-offs and retrenchment if the number of workers is more than 300 workers and also to pay the retrenchment compensation as fixed by the appropriate Government. Further, in case of strike and lock-out to ensure that the workers are allowed to go on a strike/ declare lockout, only after giving notice as stated in the Code and not to permit strike or lockout during the pendency of a proceeding before tribunal, national tribunal, arbitrator and 60 days, after the conclusion of such proceedings; or any period in which a settlement or award is in operation. The certification of Standing Orders is completed within 60 days of the applicability by the appropriate authority in case the industrial organisation is employing more than 300 workers or has employed 300 or more workers in the preceding 12 months, and if not done, adopt the model standing orders as notified by the Central Government. The appointment letter/employment contract is issued to all employees, containing amongst other things, governing health, safety and working conditions for all employees and implications of these rules. A person, including a Director but not an Independent Director, having ultimate control of a factory, is appointed as Occupier. The women employees are employed with adequate safety measures before their employment. Further, the women employees can be employed in night shifts between 7.00 P.M. to 6 A.M., subject to the consent of the woman is obtained before employing women employees during night shifts, and compliance with additional safeguards relating to their safety, holidays, working hours, etc., to be prescribed by the appropriate Government. The establishment working environment is safe, without risk to the health of the employees, adequate welfare facilities such as separate shelter-rooms, rest-rooms, canteens, ambulance facilities etc to all employees including transgender employees.
Topics: Labour Codes
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