The Ministry of Labour & Employment has released official FAQs on the new Labour Codes, and these clarifications are highly relevant for HR, payroll, and leadership teams planning their compliance roadmap. These FAQs reduce interpretation risks and give employers clearer policy direction, but they also signal the need to revisit salary structures, appointment letters, payroll logic, contractor engagement, and HR policies in a time‑bound manner. For HR leaders, this is the right time to move from basic awareness to structured readiness through policy reviews, system changes, and focused communication with employees. FAQs on Occupational Safety, Health and Working Conditions (OSH) Code, 2020

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

Q1. Whether raising the threshold for definition of “factory” 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 establishments having 10 or more employees.

Q2. Does increased licensing threshold for contract labour from 20 to 50 deprive contract workers of protections?

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

Q3. Will allowing flexibility in working hours up to 12 hours per day exploit workers?

Ans: No. The Code prescribes 8 hours per day and 48 hours per week as standard, with flexibility to extend daily hours with worker consent and payment of overtime at twice the wage rate.

Q4. Is it unsafe to allow women to work at night?

Ans: No. Women have the right to work in any establishment and night shift with safeguards like adequate safety, transport, and security arrangements. Consent of the woman worker is mandatory.

Q5. Will replacing inspectors with inspector-cum-facilitators weaken enforcement?

Ans: No. The new system promotes transparent, technology-based inspections while maintaining accountability and facilitating compliance.

Q6. Are health and welfare facilities limited to large establishments only?

Ans: No. The Code mandates health and safety provisions for all establishments with 10 or more employees.

Q7. Will rationalization of 13 labour laws into one Code dilute workers’ rights?

Ans: No. The Code simplifies and harmonizes provisions without reducing protections. It removes ambiguities and ensures consistency.

Q8. Is portability of migrant worker benefits ineffective?

Ans: No. The Code requires a toll-free helpline for Inter-State Migrant Workers (ISMW) to address grievances.

Q9. Will state rule-making powers dilute worker protections?

Ans: No. Labour is in the Concurrent List, allowing states to make rules responsive to local conditions while maintaining core protections.

Q10. Are employer duties limited to regular workers only?

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

Q11. Is allowing women in hazardous occupations unsafe?

Ans: No. Women can work in any occupation with adequate safety measures and safeguards.

Q12. Are fixed-term employment workers excluded from protections?

Ans: No. They receive all benefits like appointment letters and annual health check-ups.

Q13. Does OSH & WC Code favour employers by reducing penalties?

Ans: No. Penalties are rationalized, and serious safety breaches attract severe penalties including imprisonment.

Q14. Does the Code provide welfare facilities for transgender workers?

Ans: Yes. The Code mandates separate bathing, toilet, and restrooms for transgender workers, ensuring dignity and privacy.

Q15. Are drivers covered under the OSH Code?

Ans: Yes. Motor Transport Workers, including drivers, are covered for safety, health, welfare, working hours, and rest intervals.

Q16. Are contract workers covered for welfare facilities?

Ans: Yes. Welfare facilities will be provided by the principal employer.

Q17. Are stuntmen and dubbing artists excluded?

Ans: No. They are covered under the definition of audio-visual workers and receive safety and welfare benefits.

Q18. What is the minimum criterion for annual leave with wages?

Ans: A worker must have worked 180 or more days in a calendar year.

Q19. Can contract labour workers get an experience certificate?

Ans: Yes. They can demand an experience certificate from the concerned contractor.

OSH Code 2020 - FAQ