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Is the Shops and Establishment Act not taken into consideration under the new labour code? Please clarify.
From India, Delhi
Dear Sir, Labour code not for shops and stablishment. FYI
From India, Hyderabad

Dear Colleague,
The Shops and Establishments Act, The Apprenticeship Act are remining independent of the Code as of now. The understanding is right.

For example the Occupational Safety and Health, WC code only repeals the below Acts once implemented(the date of notification is still awaited)

(a) The Factories Act, 1948;
(b) The Plantations Labour Act, 1951;
(c) The Mines Act, 1952;
(d) The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955;
(e) The Working Journalists (Fixation of Rates of Wages) Act, 1958;
(f) The Motor Transport Workers Act, 1961;
(g) The Beedi and Cigar Workers (Conditions of Employment) Act, 1966;
(h) The Contract Labour (Regulation and Abolition) Act, 1970;
(i) The Sales Promotion Employees (Conditions of Service) Act, 1976;
(j) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979;
(k) The Cine-Workers and Cinema Theatre Workers (Regulation of Employment)
Act, 1981;
(l) The Dock Workers (Safety, Health and Welfare) Act, 1986;
(m) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

From India, Chennai

If I remember correct so far only 29 Central Labor Laws have been subsumed into the four Labor Codes viz., the Code on Wages,2019, the Industrial Relations Code,2020, the Code on Social Security and the Code on Occupational Safety and Health,2020.

So far as existing State Labor Laws are concerned, they are not covered in the codification. However, there is a Central Model Shops and Establishments Rules,2016 in place which may be adopted by the States at their discretion. This adoption is done so far by one or two States only.

From India, Salem

Dear Colleague,
In addition as rightly guided by our Colleague, The present Labour Law reforms by way of New Labour Codes ( 4 Codes) is only on list of 29 Central Laws only. As Labour is a Concurrent Subject the State enacted laws will not be covered under the Labour Codes Proposed.

The States has to follow suit Central Model but unless there is some good drive by Unions, Employers it we can not expect such reforms in the States Level. Long way to go in our present scenario.

From India, Chennai

Shop & Establishment acts are state acts The new labour codes are central acts. They have not touched the state acts and focused on existing central acts.
From India, Mumbai
Dear All

Please clarify and advice to proceed further:

I am worked in esteem organisation and resigned from the services. Now i want update nominee details and left date. what is procedure to update my nominee details in EPF Portal:

1)Is there any possibility to submit Form 2 under EPF by employee to Directly PF authorities?

2)The Management approval /certification is it required after resignation from the service?



From India

Amendment to leave rules is one of the many impacted aspects the New Labour codes have brought into the scene. To be specific, as per state(s)' Shops & Establishments Act & Rules the entitlement of PL/EL and Sick leaves is at One day for every 20 days worked (EL/PL) and 12 days for 12 months of service (Sick leave). And an employee can carry forward a maximum of 45 days to the next year leaving the leave days over and above the 45 ceiling at the credit will automatically elapses. A loss to the employees concerned. There is no stipulation about encashment of the leave days elapsed. On the other hand, New Labour Codes stipulates that an employee is entitled to one day for every day of work, roughly works out to 15 days p.a.of (EL/PL). one of the labour codes, namely, the Occupational Safety, Health and Working Conditions Code, states that an employee cannot accumulate more than 30 days of paid leave in a calendar year. And employees are entitled to avail the overflowing leave and/or encash them, presumably every year and can carry forward without limit whenever applied leave is denied. The accumulated leaves get paid at the end of calendar year. In case an employee accumulates more than 30 days of paid leave in a calendar year, the employer will have to pay for the excess leave(s).Ref.Chap.VI-Sec.32(1)-(i), (ii), vii(a)... However, this condition only applies to workers not in managerial or supervisory positions, It is to be noted that different state Govts have different rules for the leave and hence not applicable in all the states uniformly. And state & central govt. employees are outside the purview. Also the leave rules of the Principal Employer is not applicable suo motto to contract labor, in general. It's obvious that the four new labour codes, the new regulations affect take-home pay, EPF contribution, number of paid leaves, and maximum working hours in a week and so on. It's moot point how employers are managing this while euphoria among employees concerned. And the Codes will stay put. Pl.refer Gazette Notification.
From India, Bangalore
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