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Labour Law Explained: Occupational Safety, Health and Working Conditions Code, 2020

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Occupational Safety, Health and Working Conditions Code, 2020

The Occupational Safety, Health, and working conditions code 2020 was introduced in the Lok Sabha on September 19 by the Ministry of Labour and Employment under Mr. Santosh Kumar Gangwar. On September 22, Lok Sabha passed three bills on Labour reforms: (i) Industrial Relation Code 2020, (ii) Occupational Safety, Health and working conditions code 2020, and (iii) Social Security Code, 2020. These three bills were passed in Rajya Sabha on September 23.

The Occupational Safety, Health and Working Conditions Code, 2020, has combined 13 existing Acts regulating health, safety, and working conditions, including (i) Factories Act, 1984, (ii) the Mines Act 1952, and (iii) Contract Labours (Regulations and Abolition) Act,1970.

 

 

 

 

Inclusion: The Code will apply to establishments employing in at least ten workers. It will apply to all mines, docks, and establishments carrying out any hazardous or lethal activity (might be informed by the Central Government). Certain provisions of the Code, for example, health and working conditions, apply to all employees. Employees here include workers and all other persons earning wages for any work, including managerial, administrative, or supervisory work.

Exclusions: The relevant government can exclude any workplace or activity from the Code in case of a public emergency, catastrophe, or pandemic for as long as a year. Further, the State Government can exclude new factories from the Code for the specified period for making more financial activity and employment.

Registration and license: Establishments covered by the Code are needed to enlist within 60 days (of the commencement of the Code) with enrolling officials, delegated by the Central or State Government. Factories might require to get a license to run. The Code requires those hiring laborers, for example, beedi and cigar labors and contract workers to acquire licenses.

Duties of businesses: Duties of employers include: (i) providing a workplace that is free from dangers, (ii) providing free yearly health examination in notified establishments, and (iii) informing relevant authorities in case of any mishap at the workplace leading to death demise or substantial severe injury to any employees. Additional duties are directed for employers in factories, mines, docks, plantations, building, and construction work, including arranging a risk-free workplace and educating employees on safety protocols.

Employees’ rights and duties: Duties include taking care of their own health and safety, complying with safety and health standards, and reporting perilous work incidents to the Inspector. Employees likewise have certain rights, including rights to obtain information regarding safety and health standards from the employers.

Work hours: No workers will be required or permitted to work in any establishment for over eight hours in a day. For overtime work, workers must be paid twice the rate of their daily wages and prior assent of workers under such circumstances. Women can work past 7 pm and before 6 am, subject to any safety-related or other conditions advised by the government.

Leave: Workers can’t be obliged to work for over six days per week. Further, they should get one day of leave of 20 days of work per week.

Working conditions: The Central Government will notify regarding the working conditions such as hygiene work environment, clean drinking water, latrines, ventilation, and sufficient lighting.

Welfare Facilities: Amenities such as canteen, medical aid boxes, and crèches may be provided according to the standards prescribed by the Central Government. Additional facilities might be stipulated for factories, mines, docks, and building and construction works, for example, welfare officials and temporary lodging.

The Code includes three schedules containing lists of

  • 29 diseases that the employers are required to inform the authorities of, in case a worker contracts them,
  • 73 safety matters that the government may regulate, and
  • 40 industries including hazardous processes.

The Central Government might amend the lists.

Inspectors: The government can select inspector cum-facilitators to examinations and analyze into mishaps. They have certain additional powers in case of factories, mines, docks, and building and construction works, including (i) reducing the number of employees working in sections of the establishment, and (ii) forbidding work in hazardous circumstances.

Advisory boards: The Central and State Governments will set up Occupational Safety and Health Advisory Boards at the national and state level. These Boards will assist the respective government on the standards, rules, and regulations to be framed under the Code.

Safety boards of trustees: The government may require certain establishments to constitute safety committees in case of a specific class of workers. The committee will comprise representatives of the employers and workers and will perform as a link between them. The number of representatives of workers in such a committee must not be less than that of employers.

The code gives key importance to the health and safety of the workforce or laborers or workers which constitute a major part of India’s population. The post-corona working condition as per the code seems much safe and favorable for the employees.

It’s the strenuous thing to write about yourself. But I track Global Politics, Travel Trends, Business and human-interest stories in corporate and startup ecosystem for the News Aur Chai.

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All You Need To Know About National Institute Of Food Technology Entrepreneurship And Management Bill 2021

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National Institute Of Food Technology Entrepreneurship And Management Bill 2021

On July 26, 2021, Lok Sabha passed a bill under the ministry of Food Processing Industry. The bill is titled as National Institute of Food Technology Entrepreneurship and Management Bill, 2021. The main motive of this bill is to address issues with the Food Processing Industry, Entrepreneurship and one Institution for National Importance. With the passing of this bill, the Indian Institute of Food Processing Technology (IIFPT) and National Institute of Food Technology Entrepreneurship and Management (NIFTEM) is now merged as Institutions of National Importance, and it aims at providing various research and advancement in learning about the Food Industry and its associated branches. The bill was first introduced in the house in February 2019 but was pending due to protest by the opposition.

Significance of Institutions of National Importance (INI)

With the passing of this bill, the institutions enjoy greater autonomy through which they can carry out various courses, research attracting skilled faculties and students from all over the country and overseas. Good standards in education will be adopted to improve the present and future of education in this branch and sector, overcoming the technological gap in the country. This law aims to improve and introduce new changes in food, bio-nanotechnology, cold chain technology etc. The desired efforts will be taken in terms of human resources and infrastructure developments, labs for research etc. Liberty to open centres anywhere in India is also granted to INI and include courses regarding food technology certification and improving the workforce of the country.

Some other important features of this act are the Institution has been authorized with the Board of Government, Senate and other acting Authorities. The Council of Board will include 16 members from different branches from the same field. The Head will be Chairperson, who will be a skilled person from the Food Industry, the Director, Dean and Registrar. Members appointed from Centre and State Governments, Members from FSSAI and Council of Agriculture Research, as mentioned in the bill. The 16 members of the board will carry out work of taking administrative decisions, creating annual budgets and paths for institution progress as an organization, establishing departments, their appointment terms of services, faculties etc. The Board of Council also holds power to grant Honorary Degrees and Diplomas. The Senate shall be the principal academic body of the Institute, consisting of the people such as Director as the Chairperson; Registrar; Full-time skilled level Professor; and Three academically skilled Individuals nominated by the board from the field.

The Union Minister of Food Processing Industry, Mr Pashupati Kumar Paras, expressed his gratitude to PM Modi for this landmark step in this industry from his Twitter handle, indicating new opportunities in Food Technology Industries. Therefore, this Act looks promising on paper with new opportunities and in Educational Development. Amidst the Pegasus Spyware and repeal of the farm laws, this looks positive from the Modi Government.

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Curious Case Of Pegasus: Explained

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Pegasus II News Aur Chai

Pegasus is a spyware that can hack the victims’ mobile phones and read their SMS messages and emails. The Pegasus spyware is owned by an Israeli software company named NSO Group. According to the various reports, this company has targeted more than 50,000 phone numbers at the Global level, of which 300 are in India for surveillance.

The news broke out after the 17 media partners investigated. This investigation brought into the picture information about a leaked database of mobile telephone numbers of Indian Ministers, Opposition leaders, journalists, the legal community, business people, government officials, scientists, activists and many influential personalities of the nation.

Pegasus Spyware and India

According to the report by the agency, the Israeli company which sells Pegasus around the world says that its clients are confined to ‘vetted governments”, believed to number 36. The NSO Group also says that ‘the target list in India is not ours, never was.’ Their refusal of the leaked database has created a loophole in understanding this case.

This whole case has violated the integrity of democratic institutions. According to the report by the agencies, after the mobile phones of the opposition leader Rahul Gandhi and various other leaders were hacked under the Pegasus spyware surveillance. Multiple tweets were made against the Bharatiya Janata Party(BJP) government in India. This whole case has become one of the major threats in the political arena and the Indian Democracy.

Though at the start, it was used for national security purposes. The explosive expansion of surveillance technology vendors has become a vast human rights and a global security issue. If such surveillance technologies increase, it might cause a lot of problems to countries around the globe. Hence, as a precaution, all these countries need to work on regulating this technology.

According to the reports by the agency, one of the targeted phones by the Pegasus spyware was of the former election commissioner of India, Ashok Lavasa. Various such people and such opposition leaders were somehow against the BJP government having their phones hacked with the NSO-owned spyware. All these instances and the names in the leaked list have pointed figures towards the Modi Government.

The Modi government’s stand on this case was put forward in Lok Sabha by two serving ministers, Ashwini Vaishnaw and Prahlad Singh Patel. These two leaders were also featured in the leaked database. The recent Information Technology Minister, Ashwini Vaishnaw defended the BJP government in the parliament by saying, “the expose was an attempt to malign Indian democracy and its well-established institutions.” She even said, ‘any form of illegal surveillance is not possible with the checks and balances in our laws and robust institutions.’

This case has adjourned the parliament proceedings due to the protests inside and outside the house of parliament by the opposition party.

Pegasus Spyware and World.

 In the statement given to the agency, Access Now, an organisation defending the digital rights of global users, said it was outraged that products sold by NSO were allegedly “used to hack and invade the private communications” of thousands of people across the globe.

At a global level, France’s Emmanuel Macron was targeted in the Pegasus spyware case. As the phone of French President Emmanuel Macron was hacked, the investigation was carried out and later on was published which was directed by the Paris-based non-profit journalism group Forbidden.  After this case came in front of the whole world, the Pegasus spyware surveillance came into the picture.

If this continues for some more time, it will ruin India’s Democratic values at a global level. As well as this might become a huge technological threat between the different nations around the globe.

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Modi Cabinet 2.0: Young and Dynamic Leadership or Otherwise

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Cabinet II News Aur Chai

On the 7th of July, the union government announced the biggest cabinet expansion in the 7 years of NDA rule. The recent expansion increased the size of the Council of Ministers from 53 to 77. About 43 new ministers were sworn in, 15 of which were Cabinet Ministers and 28 Ministers of State (MoS). This is the first cabinet overhaul in the second term of NDA governance.

Experts however claim that the new cabinet expansion is a pre-emptive measure to balance electoral formulae in different states ahead of the 2022 State Assembly elections. It is also conjectured that the reshuffle comes as rectification of prolonged criticism about BJP’s governance in the past 2 years, including the Healthcare management during the Pandemic.

The Performance Paradox

This recent cabinet expansion is a report card of the BJP government’s performance in the last 2 years. Major ministerial changes, such as the resignation and replacement of Dr. Harshvardhan as the Health Minister indicate a confession of their mismanagement of the pandemic.

He has been replaced by Mansukh Mandaviya, a 2 time Rajya Sabha MP who has also been awarded by the UN for initiatives in Women’s healthcare in the past. His appointment as the Health Minister is one of hope for BJP, to change and streamline (a.) the COVID-19 Pandemic response and (b.) BJP’s image in the name of healthcare management.

On the contrary, Anurag Thakur’s promotion from MoS Finance to a Cabinet Minister defies all logical explanations for awarding performance. Not only has India’s economic condition worsened under his management, his controversial statements like “Desh ke Gadaaro ko…” do not present a strong case for him. His appointment is a political investment by BJP in Himachal Pradesh’s state elections next year which happens to be Thakur’s home state.

Similarly, Sitharaman’s finance ministry has remained untouched, after historical mismanagement of our Finance capabilities. All of this reflects a selective approach adopted by BJP, which is one of political hesitation and hyperopic ignorance.

BJP’s Political Calculator

Apart from the ‘punishment’ narrative, the new cabinet expansion has also given an insight into BJP’s political planning.  This expansion has incorporated key leaders from several states that go to elections next year. Moreover, it has also been carefully planned to cover the losses BJP has incurred in the past two years.

As a reward for dismantling the elected Madhya Pradesh government and tipping scales in BJP’s favor, Jyotiraditya Scindia was appointed as the Cabinet Minister for Civil Aviation (a post held by his father as well in ’91) almost after 3 years.

On the contrary, Pashupati Kumar Paras got an early reward for breaking down Lok Janshakti Party’s (LJP) representation in Lok Sabha. He was appointed as the Union Minister for Food Processing, after the attempted coup on Chirag Paswan’s leadership.

Sarbananda Sonowal, who was replaced by Himanta Biswa Sharma as the Chief Minister of Assam after the fresh elections, was also awarded a berth in the Cabinet. It is conjectured that this development was in talks ever since Himanta Biswa Sharma was chosen as the CM.

As the Uttar Pradesh elections near, BJP also made sure to improve representation from the state. Major appointments such as Niranjan Jyoti (MoS Food Processing), Anupriya Patel (Mos Commerce and Industry), and Bhanu Pratap Singh Verma (MoS MSME) were made majorly because of their heavy support base in UP.

Following the same lead, Ajay Bhatt from Uttarakhand was appointed as MoS Defence and Tourism. As seen earlier, BJP has made major organizational changes in Uttarakhand which goes to elections next year.

Some Positives

In the mirage of calculated placements and image reconstruction, BJP has hit a few rights with this organizational change. The new cabinet includes a maximum number of women to have ever served in a Union Cabinet, a first in a nation with largely patriarchal tendencies.

The cabinet has also tried to focus on bringing people with commendable background experience and education on board. Ashwini Vaishnav, former IAS and an alumnus of Wharton School have been given major ministries such as Railways, Communications, and IT. Similarly, Anupriya Patel who has been given the Commerce and Industry as an MoS has also served as an educator at Amity University.

Moreover, the diffused reliance on regional strength has become the overarching theme in this cabinet reshuffle. Even though the ruling party intends to balance the voter dynamics, this regional unity has become something to watch out for.

Yet, the big story remains the ouster of major politicians who have served loyally and faithfully to this government. Ravi Shankar Prasad, Prakash Jaavedkar, and Dr. Harshvardhan are major losers in this dynamic reshuffle. While the current government has tried to modernize the leaders of this nation, it has set a new precedent that loyalty is not the most critical virtue anymore; Election Commission’s schedule is.

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