LEARNING SERIES BY SHEKHAR GANAGALURU (ISSUE 5)

Q1. The Contractor is not issued a letter of appointment to contract labour employed by him. Is any proviso in the Occupational Safety, Health, and Working Conditions Code, 2020 to obligate the Contractor to ensure the letter of appointment to his employees?
As per section 6 (f) of the Occupational Safety, Health, and Working Conditions Code, 2020, the employer has the following responsibilities: ​

In line with the above provision of the code, the Contractor is obligated to issue a letter of appointment for all his/her employees.
​
The Contractor should not employ any employee in his establishment without issuing a letter of appointment in the prescribed format.

Q2. The Contractor is already issued a letter of appointment for all contract labour employed by him. Is this enough to meet the requirement of the code?  

• The letter of appointment issued before the commencement of the code will not be enough to fulfill the requirement of the code. 

• The letter of appointment should be reissued with such information and in such form/format as prescribed by the appropriate Government within three months of commencement of the code. 

Q3. Is there any prescribed format for a letter of appointment in the Occupational Safety, Health, and Working Conditions Code, 2020?

Q4. What type of letter of appointment should be issued in accordance with the Occupational Safety, Health, and Working Conditions Code, 2020?

• The code doesn't specify any form/format for a letter of appointment.
• As per section 133 (2) (g), the appropriate Government has the power to prescribe the form for the letter of appointment.​
• The following format has been provided in rule 7 of the draft rules of the Occupational Safety, Health, and Working Conditions (Central) Rules, 2020: 

Signature
Occupier/employer/owner/agent/manager

• The format applicable for the specific state should be referred to in the state rules of the code. 

Q5. If the appointment letter is to be given as per the form prescribed by the state rules of the Occupational Safety, Health, and Working Conditions Code, 2020, what about the company’s specified terms and conditions?

Q6. Should the trainees be issued a letter of appointment as per the Occupational Safety, Health, and Working Conditions Code, 2020?

Q7. Is it mandatory for a contractor to issue an experience certificate to the contract workers as per the Occupational Safety, Health, and Working Conditions Code, 2020?

Q8. What type of experience certificate should be issued to contract workers in accordance with the Occupational Safety, Health, and Working Conditions Code, 2020? 

• The code doesn't specify any form/format for experience certificate

• As per section 133 (2) (zr), the appropriate Government has the power to prescribe the form of issuing experience certificate under section 56 of the code.  

• As per rule 83 of the draft central rules, every concerned contractor should provide an experience certificate in Form-XV.

• The format applicable for the specific state should be referred in the state rules of the code.

Q9. What details are to be included in the experience certificate of the contract worker in accordance with the Occupational Safety, Health, and Working Conditions Code, 2020?

• As per the central draft rules of the code, the experience certificate should be provided in Form-XV.
• ​Form-XV is as below:

*Please strike off whichever is not applicable.

Q10. Is it mandatory for employers other than the contractors to provide their employees with an experience certificate as per the Occupational Safety, Health, and Working Conditions Code, 2020?

• There is no such provision in the code.
• The code obligates only the contractors to provide an experience certificate for their employees on their demand.

Learning Series by Shekhar Ganagaluru (Issue 5)
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