Compliance Related to Audio-Visual Workers under Gujarat Occupational Safety, Health and Working Conditions Rules, 2025

Background

The Gujarat Occupational Safety, Health and Working Conditions Rules have been framed by the State Government to operationalise the Occupational Safety, Health and Working Conditions Code, 2020 in alignment with the Central Rules issued under the Code. These Rules provide the state-level structure necessary to implement the objectives of the Central Code, which was enacted to consolidate multiple labour laws and create a uniform framework for ensuring safe, healthy and humane working conditions across establishments. By adopting the principles, standards and obligations prescribed under the Central Code and Central Rules, the Gujarat Rules lay down detailed procedures relating to registration of establishments, duties of employers and workers, safety management, inspections, reporting and enforcement within the state. They also designate competent state authorities and enforcement mechanisms to ensure effective compliance, thereby bridging the Central legislation with practical administration and regulation at the state level.

Applicability

These rules as per Chapter XI (Part III) of the Code are applicable to:

Establishment engaged in production of audio visual programmes in the state of Gujarat

Compliance Requirements under the Rules in Accordance with the Code

Form-XVI: Agreement for the audio-visual workers (Section 66(2), (3), (4), Rule 88 of Occupational Safety, Health and Working Conditions (Central) Rules, 2020)

Agreement for the audio-visual workers with the producer to be entered into in Form-XVI. It should contain specified particulars including a clause of payment by producer in the event of the contractor failing to discharge his obligations w.r.t wages, etc

A copy of the agreement shall also be forwarded by producer of audio-visual programme to such authority as prescribed by appropriate Government
Agreement shall include details of nature of assignment, wages and other benefits, health and working conditions, safety, hours of work, welfare facilities, dispute resolution mechanism, constitution, etc
Procedure for reference of dispute to a conciliation officer or a tribunal shall be in conformity with Industrial Relation, Code 2020 and Rules framed thereunder
In the event that a dispute resolution process fails, either party involved in the dispute can bring the matter to the Industrial Tribunal established by the appropriate government under Section 7A of the Industrial Disputes Act, 1947. The dispute will be considered an industrial dispute under the Act. It is the responsibility of the producer of the audio-visual programme to provide the agreed-upon facilities to the audio-visual worker, and wages must be paid electronically

Penalty & Punishment

General Penalty u/s 94: For contravention, the employer or the principal employer of the establishment, as the case may be, shall be liable to penalty which shall not be less than two lakhs rupees but which may extend up to three lakh rupees, and if the contravention is continued after the conviction, then, with further penalty which may extend to two thousand rupees for each day till such contravention continues.

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