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As a latest update, the Government of India has officially notified today the Occupational Safety, Health and Working Conditions Code, 2020 ("OSH Code") vide Notification bearing No. F. No. S-65025/2/2025-ISH-II, consolidating and repealing thirteen (13) Central laws, including the Factories Act, 1948 Contract Labour (Regulation and Abolition) Act, 1970, Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1966 and others.
Key Features at a Glance
- The OSH Code covers all commercial/industrial establishments with ten (10) or more workers, bringing most offices and service-sector units within its scope.
- A "worker" includes manual, skilled, technical, operational, clerical and supervisory staff (including journalists & sales promotion employees), excluding armed forces/police, managerial/administrative roles, and supervisory staff earning more than INR 18,000/month.
- It shall be mandatory for employers to issue appointment letters to all its workers.
- Daily working hours are now capped at eight (8) hours; establishments must display work schedules.
- If ten (10) or more interstate inter-state migrant workers are engaged, employer must provide prescribed journey allowance to home state.
- Overtime at twice (2) the ordinary rate of wages, with worker consent.
- Engagement of women in night shifts permitted with consent and prescribed safety and welfare measures while the state-specific requirements continue to apply.
- The provisions of the OSH Code pertaining to engagement of contract labours will now apply where fifty (50) or more contract workers were engaged in the preceding twelve (12) months [(earlier twenty (20)]. Contractors with fifty (50) or more workers are also covered.
- Contract labour now includes workers engaged through contractors, including part-time and migrant workers, and excludes contractor's regular employees receiving increments, social security and welfare benefits.
- Contract labour is barred in core activity of an establishment (now defined), except where such work is ordinarily outsourced, does not require full-time roles, or there is a temporary spike in workload.
- Inter-state migrant workers now includes self-migrating workers earning equal to or less than INR 18,000/month, expanding coverage beyond the earlier contractor recruited model. Higher monetary penalties apply. First-time offences may be compounded at 50% (fine-only offences) or 75% (offences with ≤1-year imprisonment + fine).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
