3 months ago
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The draught rules for the Occupational Safety, Health and Working Conditions Code, published by the Karnataka authorities connected January 27, person capped the regular moving hours astatine 10.5 hours, stipulating that a worker cannot beryllium made to enactment much than 48 hours in a week.
It further notes that the moving day can be extended up to 12 hours for definite factories oregon categories of workers, if notified by the State Government.
This appears to beryllium successful the aforesaid vein arsenic the projected amendment to the Karnataka Shops and Commercial Establishment Act, 1961, successful June, 2025. The connection past suggested expanding the regular moving hours to 10 from the existent 9 hours, and to headdress the total fig of enactment hours astatine 12 a day, including overtime, inviting terrible criticisms from commercialized unions.
Rest and overtime
According to the rules, successful lawsuit of overtime, the idiosyncratic shall beryllium eligible for compensation, which is doubly his mean complaint of wages.
While the draught rules limit overtime to a maximum of 144 hours in a quarter, this fig is astir thrice the existing limit. As per the Karnataka Shops and Commercial Establishments Act, 1961, the full overtime worked indispensable not exceed 50 hours in immoderate continuous three-month period.
Definition of factory
The Code subsumes 13 Acts including Factories Act 1948, Mines Act, 1952, and Interstate Migrant Workmen Act, 1979, among others.
Satyanand Mukund, State caput of the All-India Trade Union Congress (AITUC), raised concerns regarding the explanation of mill successful the Code.
“The threshold for a mill has been raised from 10 to 20 workers. That volition promote outsourcing of enactment from bigger factories to smaller factories, wherever the question of overtime outgo volition not arise. These will essentially become sweatshops,” helium said.
Mr. Mukund further expressed concerns that the Inspector-cum-Facilitator authorities prioritises advisory compliance implicit strict enforcement, which could weaken deterrence against violations.
Migrant workers
Payal Gaikwad, a labour lawyer, pointed retired that the draught rules do not necessitate the leader to wage displacement allowances to inter-State migrant workers, successful opposition to the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.
“When inter-State migration is acold much wide and expensive, The Karnataka OSH Rules, 2026 bash not supply for immoderate specified allowance...While earlier labour laws treated migration arsenic a information requiring compensation, the draught rules trim the inter-State migration to an administrative category,” she said.
Hazardous work
According to Ms. Gaikwad, portion the draft rules retain detailed information provisions, they trust progressively connected audit-based mechanisms and interior compliance systems.
“The displacement from predominant inspection to periodic verification marks a alteration successful regulatory philosophy, moving distant from State vigilance towards managed self-compliance. This raises questions astir whether the strength of oversight present matches the gravity of risk, particularly successful smaller but high-risk units,” she said.
While the draft rules require main employers to be identified in authoritative records and enforce a nonstop work connected them to supply basal workplace amenities wherever declaration workers are deployed, Ms. Gaikwad noted failures by contractors are addressed chiefly done licensing conditions, information deposits, administrative inquiries and suspension oregon cancellation of licences, alternatively than done contiguous fallback work of the main employer.
Positive overall
However, Prashanth B.K., who heads CCI Legal, felt that the OSH Code and Rules could bring successful affirmative changes. He pointed retired that the rules demand accountability from some leader and worker.
“From the employer’s perspective, the fines for contravention of the Act have increased substantially. At the same time, the duties of employees are besides listed out, successful usurpation of which penalties person been brought successful place. This way, some sides enactment vigilant,” helium said.
Mr. Prashanth besides hailed the instauration of escaped medical checkups for workers supra 40, and a common licence through consolidation of the aggregate Acts.
“If the licence is not granted wrong the prescribed period, it is deemed to beryllium accepted. Earlier, getting licences used to instrumentality months. This way, it holds the administrative officers besides liable,” helium said.
