Summary of Social Security Codes with respect to the Telangana State Government

Summary of Social Security Code- Telangana

1. Review of the status on STATE RULES UNDER NEW LABOUR CODES Government of Telangana

2. CODE ON SOCIAL SECURITY, 2020 The Employees’ Compensation Act, 1923; The Employees’ State Insurance Act, 1948; The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952; The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959; The Maternity Benefit Act, 1961; The Payment of Gratuity Act, 1972; The Cine- Workers Welfare Fund Act, 1981; The Building and Other Construction Workers Welfare Cess Act, 1996; and The Unorganized Workers Social Security Act, 2008; THE CODE OF WAGES 2019 The Payment of Wages Act, 1936 The Minimum Wages Act, 1948 The Payment of Bonus Act, 1965 The Equal Remuneration Act, 1976 THE OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020 The Factories Act, 1948; The Plantations Labour Act, 1951; The Mines Act, 1952; The Working Journalists and other Newspaper Employees (CS) and Miscellaneous Provisions Act, 1955; The Working Journalists (Fixation of Rates of Wages) Act, 1958; The Motor Transport Workers Act, 1961; The Beedi and Cigar Workers Act, 1966; ( h ) The Contract Labour (Regulation and Abolition) Act, 1970; The Sales Promotion Employees (Conditions of Service) Act, 1976; The Inter- State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979; The Cine- Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981; The Dock Workers (Safety, Health and Welfare) Act, 1986; The Building and Other Construction Workers Act, 1996. THE INDUSTRIAL RELATIONS CODE 2020 The Industrial Disputes Act 1947 The Trade Union Act 1926 The Industrial Employment (Standing Orders ) Act 1946 MATRIX OF 4 CODES – 29 LAWS

3. Checklist Status 1. Name of Rules: Industrial Relations (Telangana State) Rules, 2021 2. Pre- Publication details: Draft Rules Notified vide G.O. Rt. No. 47 Dated: 29-09- 2021 3. Prescribed Rules: 58 4. No. of state Rules, Forms : Rules:78, Forms: 27 5. Corresponding no of Rules in Central Rules: 52 ; Forms 13 6. Missing Rules: Manner of recognizing state level union/Federation 7. No. of Suggestions Received: 43 from 5 entities. 8. No. of Suggestions accepted: Under process 9. Time lines for draft final Rules: 2 Weeks 10. Issues/risk factors affecting timelines: Legislative process The Industrial Relations Code 2020

4. Missing Rules: Sec 27(2): Recognition of Trade Unions at Central and State level. Where the State Government is of the opinion that it is necessary or expedient that a Trade Union or federation of Trade Unions is to be recognised as State Trade Union at the State level, it may recognise such Trade Union or federation of Trade Unions as State Trade Union in such manner and for such purpose, as may be prescribed, and if any dispute arises in relation to such recognition, it shall be decided by such authority in such manner as may be prescribed by the State Government. Divergence in Rules: Matters on which Trade Union can negotiate with employer [Section 14(1)] Criteria for Recognition of a single registered Trade Union as Negotiating Union of workers [Section 14(2)] Process of verification of Membership of Trade Unions in an industrial establishments [Section 14(3) & (4)] Facilities to be provided to Negotiating Union [Section 14(7)] Timeline for submitting Failure of Conciliation report by conciliation Officer [Section 53(4)] The persons to whom strike notice shall be given [Section Manner of giving notice for strike and lockout by [Section 62(6)] employer to conciliation The Industrial Relations Code 2020

5. The Industrial Relations Code 2020 Divergence Draft Rule Proposed to make it into Final Rules Justification 1 Matters on classification of grades and categories of workers; order passed by an employer under the standing orders applicable in the industrial establishment; wages of the workers including their wage period, dearness allowance, bonus, increment, customary concession or privileges, compensatory and other allowances; hours of work of the workers their rest days, number of working days in a week, rest intervals, working of shifts; leave with wages and holidays; promotion and transfer policy and disciplinary procedures; quarter allotment policy for workers; safety, health and working conditions related standards; such other matter pertaining to conditions of service, terms of employment which are not covered in the foregoing clauses; and any other matter which is agreed between employer of the industrial establishment and negotiating union or council. Wages & Allowances Service Conditions Introduction of new Technologies Re- fixing Productive Norms Rationalisation of Manpower Collective Grievances of Workmen. Safety health and working conditions related standards Such other matter pertaining to conditions of service, terms of employment which are not covered in the foregoing Any other matter which is agreed between employer of the industrial establishment and negotiating union or negotiating Council. The items which are part of Standing Orders may not be kept open for negotiation. Transfer is an incidence of service, should not be made a bargainable issue. Promotion is not a matter of right, cannot be made as bargaining point. Disciplinary procedures should not be interfere with. If it is allowed, workers/unions with vested interests may vitiate management - employee relations. which Trade Union can negotiate with employer [Section 14(1)]

6. The Industrial Relations Code 2020 Divergence Draft Rule Proposed to make it into Final Rules Justification 2 Criteria for Where there is only one registered Trade Union operating in an industrial establishment having its members not less than thirty percent of the total workers employed in the industrial establishment, then, the employer of such industrial establishment shall recognize such Trade Union as sole negotiating union of the workers. Where there is only one registered Trade Union operating in an industrial establishment having its members not less than thirty percent of the total workers employed in the industrial establishment, then, the employer of such industrial establishment shall recognize such Trade Union as sole negotiating union of the workers. Would like to follow what other states and GOI follows, even though there are suggestions from unions to remove the said 30% strength Recognition of a single registered Trade Union as Negotiating Union of workers [Section 14(2)]

7. The Industrial Relations Code 2020 Divergence Draft Rule Proposed to make it into Final Rules Justification 1 Process of The employer of the industrial establishment shall appoint a verification officer (hereinafter in this rule, referred to as verification officer) for the purpose of verification of membership of the Trade Unions in the industrial establishment who shall be an independent officer and shall not have any interest with any of the Trade Union, whose membership verification is to be carried out: Provided that the process for constitution of the negotiating union or the negotiating council, as the case may be, shall commence three months before the expiry of the tenure of the existing recognition period of the trade unions recognised by the employer under the Code of Discipline . On the request of union or management the verification would be done by the department. One month prior process, not 3 months. Management request is for Verification to be done by a third party, however Verification officer to be appointed by Labour dept, not employer. Unions requesting for dept to conduct the process, no discretion to management. verification of Membership of Trade Unions in an industrial establishme nts [Section 14(3) & (4)]

8. The Code on Social Security, 2020 Checklist Status 1. Name of Rules: The Code on social security (Telangana), Rules, 2022 2. Pre- Publication details: Draft rules notified vide G.O.Rt.No.23, dated:28.01.2022 3. Prescribed Rules: 25 4. No. of state Rules, Forms : Rules 38 forms 46 5. Corresponding no of Rules in Central Rules: Rules 64 forms 26 6. Missing Rules: As per list 7. No. of Suggestions Received: 72 from 05 entities 8. No. of Suggestions accepted: Committee to decide 9. Time lines for draft final Rules: Two Weeks 10. Issues/risk factors affecting timelines: Legislative procedure

9. Missing Rules: Functions of the Board: Sec 7(6) Pay such amount in connection with premium for Group Insurance Scheme of the beneficiaries as may be prescribed by the appropriate Government Frame educational schemes for the benefit of children of the beneficiaries as may be prescribed by the appropriate Government Meet such medical expenses for treatment of major ailments of a beneficiary or, such dependent, as may be prescribed by the appropriate Government; The Code on Social Security, 2020 Divergence in Rules: Level of Chairperson and Secretary in BOCW Board [Section7(4)(5)(c)] Time period of disposal of Appeal in Maternity benefit [Section 72(3)] The form and manner of application for compounding of an offence (Section 138(4)] Time- limit to pay the amount of cess for construction project (Section 101) Fee for appeal against order in case of construction project is different in different states [Section 105(2)] Frequency of meeting of State Unorganised Workers' Board is different in different states (once in quarter in the Code) [Section 6(14)] Writing off of losses [Section 121]

10. Checklist Status 1. Name of Rules: Occupational Safety, Health and working conditions (Telangana) Rules, 2022 2. Pre- Publication details: Draft rules notified vide G.O.Rt. No.23, dated: 28.01.2022. 3. Prescribed Rules: 68 4. No. of state Rules, Forms : Rules: 123 Forms:27 5. Corresponding no of Rules in Central Rules: Rules:167 Forms:16 6. Missing Rules: None 7. No. of Suggestions Received: 33 from 10 entities. 8. No. of Suggestions accepted: Committee to review 9. Time lines for draft final Rules: 2 Weeks 10. Issues/risk factors affecting timelines: Legislative process The occupational safety, Health and working Conditions code- 2020

11. Missing Rules: Nil Divergence in Rules: Deemed registration Late fee for Registration of Establishments [Section 3(1)] Annual Health Examination and Age of Employees [Section 6(1)(c)] Issue of Appointment Order [Section 6(1)(f)] Total Number of hours of Overtime in a Quarter [Section - 27) Employment of Women during Night Hours (Section - 43) Common License for Contractors, Factories and Industrial Premises [Section 119(2) r/w Section 48] Exemption from Restrictions on Double Employment in Factory and Mine (Section - 30) Alternate Employment when employment is affected by order of Facilitator- cum- Inspector [Section - 38(1)(A)(d)] The occupational safety, Health and working Conditions code- 2020

12. Checklist Status 1. Name of Rules: Telangana Code on Wages Rules 2. Pre- Publication details: Draft Rules Notified vide G.O.Rt.No.480 dated 29.09.2021 3. Prescribed Rules: 38 4. No. of state Rules, Forms : Rules: 58, Forms: 6, Schedules: A,B,C,D & E 5. Corresponding no of Rules in Central Rules: Rules: 58, Forms: 6, Schedules: A,B,C,D & E 6. Missing Rules: None 7. No. of Suggestions Received: 51 from 6 entities 8. No. of Suggestions accepted: Committee to review and to accept 9. Time lines for draft final Rules: Two Weeks 10. Issues/risk factors affecting timelines: Legislative procedure The Code on Wages, 2019

13. Missing Rules: Sec 51(5):powers to be exercised by the Inspector- cum- Facilitator The Inspector- cum- Facilitator may–– advice to employers and workers relating to compliance with the provisions of this Code; inspect the establishments as assigned to him by the appropriate Government, subject to the instructions or guidelines issued by the appropriate Government from time to time. Divergence in Rules: Manner of calculating the minimum rate of wages (Section 6) Interval for revision of variable dearness allowance Number of hours of work which shall constitute a normal working day Constitution of Board where one third of Member should be women(Section 42) Manner of dealing with the undisbursed dues [Section 44(1)(b)] The Code on Wages, 2019

14. Readiness of IT interventions for updating state portals: ACTIVITY STATUS Single registration Not started Single & common license Not started Settlement of claims/ disputes Not started Filing returns Existing one to be modified web based inspection Existing one to be modified ISMW worker Existing one will be used BOCW worker Existing one will be used

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