FAQs on Occupational Safety, Health and Working Conditions (OSH) Code, 2020

Q 1. Whether raising the threshold for definition of “factory” (from 10 workers with power
/ 20 without power to 20 workers with power / 40 without power) will exclude workers from
safety and welfare protections?

Ans : No. The rights of workers regarding health, safety and welfare would be protected
as these provisions are applicable for the establishments having 10 or more employees.

Q 2. Does increased licensing threshold for contract labour from 20 to 50 will deprive
contract workers of protections?

Ans : No. All establishments having 10 or more employees must comply with safety and
welfare measures. The increases licensing threshold is for administrative ease and does
not affect workers’ entitlements/protections.

Q 3. Will allowing flexibility in working hours up to 12 hours per day will exploit workers?

Ans : No. The Code prescribes 8 hours per day and 48 hours per week as standard, with
some flexibility to extend daily hours subject to overtime payment. Overtime rate kept at
twice ordinary wage.

Q 4. Whether it is not unsafe to allow women to work at night?

Ans : No. The Code ensures women’s right to work in any establishment and night shift
with the safeguard of adequate safety, transport, and security arrangements—thus
promoting gender equality with safeguards. Moreover, consent of women worker is
mandatory to work in night.

Q 5. Will replacing inspectors with inspector-cum-facilitators not weaken the

Ans : No. The new system of inspection promotes transparent, technology-based

Q 6. Is it true that health and welfare facilities are limited to large establishments only?

Ans : No. The Code mandates health and safety provisions for all workers employed in
establishments employing 10 or more employees.

Q 7. Will rationalization of 13 labour laws into one Code, dilute workers’ rights?

Ans : No. The Code simplifies and harmonizes provisions with protection of worker rights.
Q 8. Whether portability of migrant worker benefits are ineffective and would not reach
to beneficiary?

Ans : No. The Code introduces digital registration and portability through Aadhaar-linked
systems, ensuring migrant workers can access benefits across states.

Q 9. Compounding of offences will let employers escape punishment for safety violations?

Ans : No. Only minor procedural offences are compoundable; serious safety violations
remain criminally punishable, preserving strong deterrence.

Q 10. Will state rule-making powers cause dilution of worker protections?

Ans : Yes. The Code provides a uniform national framework while allowing states to
address local conditions ensuring both uniformity and responsiveness to regional needs.

Q 11. Is it true that duties of employers are towards regular workers only and do not cover
contract workers?

Ans : No. The Code extends benefits to all workers, including contract and inter-state
migrant workers.

Q 12. Is it not true that allowing women to work in hazardous occupations is unsafe?

Ans : No. The Code ensures women’s right to work in any occupation. Adequate safety
arrangements are made promoting gender equality with sufficient safeguards.

Q 13. Is it true that no protection provided to fixed-term employment workers in the code?

Ans : No. The Code covers all employees, including fixed-term employment workers and
they will get all benefits like appointment letters, annual health check-ups etc.

Q 14. Whether OSH Code favours employers by reducing penalties for violations?

Ans : No. Rather, penalties have been rationalized and only minor offences are
compoundable, while serious safety breaches attract severe criminal penalties including
imprisonment.

Q 15. Does OSH Code provide any specific welfare facilities for transgender workers?

Ans : Yes. The Code recognizes first time the transgender workers and mandates
separate bathing, toilet, restroom etc facilities for them ensuring dignity, privacy and equal
access at the workplace.

Q 16. Is there any specific provision for drivers under the OSH Code?
Ans : Yes. The Motor Transport Workers including drivers are covered under the Code.
The provisions on safety, health and welfare under the Code apply to them, including
working hours, rest intervals etc.

Q 17. Are contract workers covered for welfare facilities?

Ans : Yes. The Contract workers will get better welfare facilities which will now be provided
by the principal employer.

Q 18. Is it true that stuntmen and dubbing artists are not provided any benefits under the
OSH Code?

Ans : No. Under the definition of “audio-visual worker” in the Code, stuntmen and dubbing
artists are also covered and will get the safety, health and welfare benefits provided to
audio-visual workers.

FAQs - Code on Wages, 2019

Q1. Whether Data Entry Operators and employees in similar categories are included
under the minimum wage provisions of the Code on Wages, 2019?

Ans: Yes. The concept of scheduled employment has been done away with under the
Code on Wages. The Code is now universally applicable to all employees, irrespective of
their sector or category.

Q2. Is a daily wage worker not eligible for bonus??

Ans: Bonus is payable to every employee who has worked for at least thirty days in an
accounting year

Q3. Will the new concept of floor wage reduce the minimum wages fixed by the State??

Ans: No, Floor Wage is a baseline. Where the minimum rates of wages fixed by the State
Government earlier is more than the floor wage, the State Government shall not reduce
such minimum rates of wages fixed by it earlier.

Q4. Will the revised definition of wages under the Code, 2019 reduce employee wages?

Ans: No. The definition brings transparency and uniformity. Allowances exceeding a fixed
percentage as notified by central government are added back to wages, increasing the
base for PF, gratuity, and bonus, benefitting workers. It will strengthen social security of
employees.

Q5. Does the Code on Wages allow employers to make too many deductions from
workers’ wages?
Ans: No. The Code caps all deductions at 50% of wages—uniform and protective
compared to earlier 75% for cooperative deductions. The deduction are restricted to 50%
of wages.

Q6. Will the fixation of minimum wages become arbitrary under Central Government
control?

Ans: No. The Central as well as the State Governments will fix minimum wages within
their respective jurisdictions. They must set these wages above the floor wage and after
consulting workers and employers representatives. So, the process is fair, balanced,
and not arbitrary

Q7. Will the inspector under the Code facilitate only the employers?

Ans: No. The duties and powers of the inspector are retained, and he will enforce the
provisions, simultaneously raising awareness among workers about their rights and
guiding employers in compliance.

Q8. Is it true that working hours been extended in a way that deprives workers of
overtime?

Ans: No. Flexibility in working hours will not curtail the minimum wage, and employees
working beyond normal hours are entitled to the overtime rate which shall not be less than
twice the normal rate of wages.

Q9. Are transgender persons not provided benefits under the Code on Wages, 2019?

Ans: The Employers shall not discriminate on ground of gender including transgender in
matter relating to wages, recruitment of an employee for the same work or work of a
similar nature and in the conditions of employment.

Q10. Does compounding of offences allow employers to escape punishment?

Ans: No. Deterrent and enhanced penalties are provided under the Code on Wages.
Employers are given the opportunity to rectify irregularities; however, compounding is
limited to the first offence and repeat of offence within a period of 5 years is punishable
with imprisonment that may extend up to 3 months or fine or with both. This system
reduces unnecessary litigation while ensuring that employers cannot evade their
responsibilities.

Q11. Is only permanent employee covered under the Code?

Q12. Does the Code on Wages benefit only organized sector workers?

Ans: No. The Code on Wages applies to all employees, whether they work in the
organized or unorganized sector. It ensures minimum wages, timely payment, and equal
pay for equal work for every employee. The Code universalizes minimum wages for all
categories of employees.

FAQ on Myths and Realities of Industrial Relation (IR) Code 2020

Q 1. Do the IR Code takes away workers’ right to form trade unions?

Ans : No. The registration of trade union has been retained and the trade unions are
given statutory right for the recognition.

Q 2. Whether IR Code bans all strikes?

Ans : No. There is no such ban on strike. However, before going on strike, 14 days notice
has to be given.

Q 3. It is true that workers will now need government permission to go on strike?

Ans : No. However, prior strike notice will be required which will facilitate both employer
and union for resolution of dispute through conciliation leading to reduced conflict.

Q 4. Whether IR Code allows employers to retrench workers freely?

Ans : No. The provisions for prior notice/prior permission and retrenchment
compensation are retained.

Q 5. Is it true that trade unions lose their grievance redressal role?

Ans : No. Rather, mandatory recognition of trade unions will strengthen the collective
bargaining. The bipartite forum of GRC (Governance, Risk, and Compliance) will ensure time
bound redressal of grievances of workers.

Q 6. Whether, the Code ends job security for permanent workers?

Ans : No. The workers rights and job security have been protected in the IR Code.

Q 7. Is it true that Fixed-Term Employment (FTE) is exploitative?

Q 8. Whether the new provisions under IR Code will allow the employers with less than
300 workers to fire without restriction?

Ans : No. The increase of threshold will encourage employer to employ workers directly
thereby increasing the formalisation of employment. Sufficient safeguards, such as
mandatory 1-month notice before retrenchment and retrenchment compensation for
every completed year of service. The worker will also be eligible for 15 days wages from
reskilling fund.
Q 9. Whether the conciliation mechanism is abolished under IR Code?

Ans : No. Rather, the conciliation mechanism have been strengthened and conciliation is
now made compulsory in all strike notice and conciliation proceeding shall be commenced
on the 1st meeting of conciliation.

Q 10. Is it true that Labour Courts are being abolished?

Ans : No. The Labour Courts are merged in Industrial Tribunal with two member for faster
delivery of justice.

Q 11. Is it true that the Code promotes “hire-and-fire.”?

Ans : No. The retrenchment, closure is regulated with prior notice/prior permission of
government and conditions precedent to retrenchment of workmen must be followed.

Q 12. Is it true that workers cannot collectively bargain or protest?

Ans : No. Collective bargaining made statutory in IR Code. Earlier it was not statutory.
Mandatory recognition of a sole negotiating union/council strengthens structured
bargaining by the workers with their employer.

Q 13. Is it true that Industry closure no longer needs approval?

Ans : Closure of unit with 300+ workers needs government approval and compensation.

Q 14. Whether trade unions will lose legal importance?

Ans : No. Trade unions provisions are strengthened with mandatory recognition by
employer, immunity from civil suit and criminal conspiracy, etc.

Q 15. Is it true that workers’ participation in management is removed?

Ans : No. Bipartite forum i.e. Works Committees and Grievance Committees retained.
Q 16. Whether penalty provision for employer violations in IR Code are removed?

Ans : No. Penal provisions are not compromised instead it is strengthened.

Q 17. It is correct that IR Code centralizes all labour powers?

Ans : No. “Labour” is a concurrent subject under the Constitution of India and its
jurisdiction is clearly defined in the codes. The state governments are appropriate
government under all the four Labour Codes.

Q 18. Whether abolition of Labour Courts will delay the workers justice?

Ans : No. With the provision of 2 member of Industrial Tribunal the justice will be timely
delivered.

Q 19. Whether the Code favours employers only?

Ans : No. The code protect the interest of workers /trade unions and also strengthening
industrial harmony.

Q 20. Whether sales promotion employees are not treated as “employees” and therefore
not entitled to labour protections?

Ans : No. It is not true. The sales promotion employees are legally recognized as
employees and covered under the IR code

Q 21. Is it true that the “Journalists” are freelancers and therefore not “employees”?

Ans : No. “Working Journalist” employed in a newspaper/agency is an employee with

FAQs on Myths and Realities of Social Security Code

Q 1. Whether the Bill provides any roadmap for achieving universal social security for
organized and unorganized sectors?”
Ans : Yes. The Code on Social Security, 2020 provides social security to organized sector
workers by extending EPF to all establishments by removing schedule. The ESI is
applicable pan India. The Code also provides provision of social security schemes for
unorganized, gig, and platform workers.
Q 2. Whether maternity benefits are available for informal women workers under the
Social Security Code, 2020?
Ans : Social Security Code, 2020 empowers the Central Government to frame and notify
suitable welfare schemes for unorganized workers, specifically including provisions for
health and maternity benefits, along with life and disability cover.
Q 3. Does the Code provides a specific timeline for the payment of gratuity after
termination of service?.
Ans : Yes. The Code mandates payment of gratuity within 30 days of termination of
service under Section 56(3). The delay in payment of gratuity will make employer liable
to pay interest.
Q 4. Is the 60-day window for filing an appeal against a gratuity dispute likely to slow
down the process?
Ans : No. Section 56(8) allows an aggrieved person to appeal within 60 days from the
date of the order. This provision, borrowed from the Payment of Gratuity Act, ensures
fairness and aligns with the principle of natural justice by allowing adequate time to
appeal.
Q 5. Are the restrictions on nursing breaks will harmful to child health and women’s
employment rights?
Ans : No. The Code retains provisions of the Maternity Benefit Act. It maintains the
existing entitlement structure, balancing the needs of working mothers and workplace
productivity
Q 6. Will allowing the Centre to designate cess-collection authorities, instead of relying
solely on local bodies, lead to delays?
Ans : No. The Code allows States to designate suitable authorities beyond local bodies
for cess collection. However, the funds remain under State control, ensuring flexibility and
efficiency.
Q 7. Do trade unions oppose the centralization of cess collection due to concerns about
misuse and delays in fund utilization?
Ans : The government clarified that cess collection remains with local or State
authorities, while States have the flexibility to designate authorities. Funds continue to be
retained by States, not by the Centre.
Q 8. Are cess funds being underutilized or diverted, and does the Code provide for
independent audits?
Ans : The Code maintains that cess fund utilization is a State responsibility. While
acknowledging underutilization concerns, it does not alter the existing accountability
structure. States remain responsible for fund management and monitoring
Q 9. Are there any detailed scheme for unorganized workers, and does that lack of
uniformity across States ?.
Ans : The Code follows a federal approach — both Centre and States may frame
schemes. Uniformity is not mandated in the Code but it allows flexibility. Universalization
will be progressive, considering fiscal realities and administrative capacity
Q 10. Will universalizing all 14 benefits escalate costs and harm competitiveness?
Ans : Yes. The Government has adopted a gradualist approach — only 11 schemes
have been notified initially. Others schemes will be introduced through rules to balance
worker welfare and economic competitiveness.
Q 11. Will variation in State-level schemes dilute worker protections in the absence of
centralized uniform schemes?
Ans: No. The Code respects India’s federal framework. Both Central and State
Governments can frame schemes. Central residuary powers ensure uniformity for
unlisted benefits when required.
Q 12. Do the existing schemes fail to ensure parity between formal and informal workers,
resulting in significant exclusions?
Ans : No. The Code provides a broad framework that progressively extends benefits to
informal workers. While immediate parity with the formal sector isn’t guaranteed, the
design allows phased inclusion.
Q 13. Does the Code merely make empty promises to gig workers, delivery agents, and
informal workers?.
Ans : No. For the first time, the Code legally recognizes gig workers and platform
workers and mandates framing of social security schemes for them relating to life and
disability cover, accident insurance, health and maternity benefits, and old-age protection
etc. and their financing through a dedicated Social Security Fund, with contributions from
aggregators and other sources.
Q 14. Is it correct that social security exists only on paper; the government has no plan
for implementation?
Ans : No. The Code have already been enacted by Parliament and provides statutory
benefits such as provident fund, insurance, compensation, gratuity, and maternity
benefits. Once notified, these will be extended for all eligible workers
Q 15. Whether the new wage structure will increase employers’ financial burden due to
higher PF contributions?
Ans : No. The Code rationalizes the definition of wages. The slight increase in PF
contribution is balanced by long term gains in employee retention, productivity and organisational
stability making the overall impact positive rather than burdensome.
Q 16. Is it correct that Gig workers are being misled and there are no real benefits for
them?
Ans : No. The Code recognizes gig and platform workers as a distinct category and
provides for their registration, welfare schemes, and financing of schemes through a
social security fund with contributions from aggregators and other sources.
Q 17. Is it true that Gig workers have received only symbolic recognition, not real
schemes?
Ans : No. Recognition under the Code is substantive — it mandates creation of welfare
schemes and a dedicated Social Security Fund for gig and platform workers, ensuring
their receipt of actual benefits.
Q 18. Whether the Social Security Code will increase employers’ financial burden?
Ans : No. The Code does not significantly raise employer contributions. It simplifies
compliance through unified definitions and digital systems, reducing long-term
administrative costs.
Q 19. Is it mandatory for every establishment to register afresh under the new Code?
Ans : Yes. If an establishment is already registered under any other central labour law for the
time being in force, it need not to register itself under SS Code.
Q 20 Is it true that once the Code are notified, compliance audits will become stricter and
more punitive ?
Ans : No. The Code introduces faceless, randomized, and technology-driven
inspections, enhancing transparency and minimizing harassment.
Q 21. Whether is it true that the Code reduces workers’ benefits?
Ans : No. The Code actually expands coverage — including gig, platform, fixed-term,
construction, and unorganized workers — thereby widening the scope of benefits.
Q 22. Is it true that only formal sector workers will continue to receive protection?
Ans : No. The Code extends schemes to unorganized workers and establishes
frameworks for the e-Shram portal and digital delivery of benefits.
Q 23. Whether online digital registration will exclude illiterate or rural workers?
Ans : No. The Code provides multiple modes of registration through facilitators, CSC
centres, trade unions, and field officers to assist workers without digital access.
Q 24. Whether it is correct that workers with permanent jobs only, are eligible for social
security benefits?
Ans : No. Social security benefits such as insurance, maternity benefits, pension, and
welfare schemes extended to informal workers as well.
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