The Occupational Safety, Health and Working Conditions Code 2020 covers sectors like factories, mines, dock, plantations and activities like construction, beedi and cigar manufacturing, cine production and conditions of service of sales personnel, interstate migrant workers and employment practice of contract work. But the establishments which are not factories, mines or plantations but are covered under the respective state’s Shops and Commercial Establishments Act will continue to be covered by that Act. If that is correct, I need one clarification, ie,
(1)Will the sales personnel employed in such shops/ commercial establishment be covered by the Occupational Safety….Code?
(2)Will the Contract labour and interstate migrant labour in the commercial establishments be under the said Code?
Now, the present Act (ie, Sale Promotion Employees (Condition of Service) Act, 1976, covers only sales personnel of certain industries. Initially it was meant to cover sales personnel of pharma industry but later on some 10 or 11 industries were added and obviously, there are a number of industries which are yet to be covered. The code has no reference as to which sector should they represent and naturally it should be understood that they will be covered irrespective of industry. That widens the scope of sales promotion employees. But is it possible that sales promotion employees of a trading organisation covered under the Shops and Commercial Establishments Act which is out of the purview of the Code become part of the Code? If sales promotion workers are covered, the clerks and others who are working in the shops and establishments only will be left out.
Under the Code Inter state migrant labourers shall include those recruited directly by the employer but under the existing Act those who are recruited and paid directly by the employer is not an interstate migrant labour. Similarly, there are different treatment with regard to contract labour under the Code. My question is if a Shop is not covered by the Code, is it possible to cover certain employees, like sales personnel, migrant workers or contract workers, only under the Code?
If yes, how can the shop/ commercial establishment obtain registration?
It may also be noted that the definition of motor transport worker excludes workers working in the office of the transport company which is under the Shops and Commercial Establishments Act!
Madhu T K
(1)Will the sales personnel employed in such shops/ commercial establishment be covered by the Occupational Safety….Code?
(2)Will the Contract labour and interstate migrant labour in the commercial establishments be under the said Code?
Now, the present Act (ie, Sale Promotion Employees (Condition of Service) Act, 1976, covers only sales personnel of certain industries. Initially it was meant to cover sales personnel of pharma industry but later on some 10 or 11 industries were added and obviously, there are a number of industries which are yet to be covered. The code has no reference as to which sector should they represent and naturally it should be understood that they will be covered irrespective of industry. That widens the scope of sales promotion employees. But is it possible that sales promotion employees of a trading organisation covered under the Shops and Commercial Establishments Act which is out of the purview of the Code become part of the Code? If sales promotion workers are covered, the clerks and others who are working in the shops and establishments only will be left out.
Under the Code Inter state migrant labourers shall include those recruited directly by the employer but under the existing Act those who are recruited and paid directly by the employer is not an interstate migrant labour. Similarly, there are different treatment with regard to contract labour under the Code. My question is if a Shop is not covered by the Code, is it possible to cover certain employees, like sales personnel, migrant workers or contract workers, only under the Code?
If yes, how can the shop/ commercial establishment obtain registration?
It may also be noted that the definition of motor transport worker excludes workers working in the office of the transport company which is under the Shops and Commercial Establishments Act!
Madhu T K