Labour Law Expertsby Chheda Consultants

Chapter VIII · OSH Code

Maintenance of Registers, Records and Returns

This chapter is a single section that sets four duties for every employer of an establishment covered by the Code: keep a register of workers, display notices at the workplace, issue wage slips, and file returns with the Inspector-cum-Facilitator. The register, wage slips and returns may each be electronic or on paper. The register's form and particulars, the manner and form of notices, and the manner and periods for returns are left to rules made by the appropriate Government, so the rules decide the detail.

1 section ~1 min read Official text, PDF p. 31
HR managersFactory ownersPayroll and compliance teamsContractors and principal employers

Key points

  1. 1Every employer must keep a register of workers in the form prescribed by the appropriate Government's rules, either electronically or on paper. §33
  2. 2The register must cover the work each worker does, the hours that make up normal working hours in a day, the day of rest allowed in every seven days, and wages paid with the receipts given for them. §33
  3. 3The register must also record leave, leave wages, overtime, attendance, dangerous occurrences and the employment of adolescents. This list is not exhaustive: the rules can require further particulars. §33
  4. 4Notices must be displayed at the place where the workers work, in the manner and form prescribed by the appropriate Government. §33
  5. 5Workers must be given wage slips, which can be electronic. §33
  6. 6Returns must be filed with the Inspector-cum-Facilitator, electronically or otherwise, in the manner and during the periods prescribed by the appropriate Government. §33

At a glance

Every period of 7 daysPeriod within which a day of rest is allowed, as recorded in the registerSection 33
Earlier law:Factories Act, 1948Contract Labour (Regulation and Abolition) Act, 1970Mines Act, 1952
33

Maintenance of registers, records and filing of returns

In plain words

Every employer must keep a register of workers (covering at least work done, normal daily hours, the day of rest in each seven days, wages and receipts, leave, leave wages, overtime, attendance, dangerous occurrences and adolescents employed), display notices at the workplace, issue wage slips and file returns with the Inspector-cum-Facilitator. The register, wage slips and returns may be electronic or on paper, and the forms, manner and periods are set by the appropriate Government's rules.

An employer of an establishment shall—

(a)

maintain register in prescribed form, electronically or otherwise, containing such particulars of workers as may be prescribed by the appropriate Government including,—

(i)

work performed by them;

(ii)

number of hours of work constituting normal working hours in a day;

(iii)

day of rest allowed in every period of seven days;

(iv)

wage paid and receipts given therefor;

(v)

leave, leave wages, overtime work, attendance and dangerous occurrences; and

(vi)

employment of adolescent;

(b)

display notices at the work place of the workers in such manner and form as may be prescribed by the appropriate Government;

(c)

issue wage slips to the workers, in electronic forms or otherwise; and

(d)

file such return electronically or otherwise to the Inspector-cum-Facilitator in such manner and during such periods as may be prescribed by the appropriate Government.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 31

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