The Occupational Safety, Health and Working Conditions Code, 2020 has been enacted by the Government of India with the objective of consolidating and rationalising multiple labour laws relating to occupational safety, health, and working conditions of workers employed in establishments. The Code subsumes various central labour legislations governing factories, contract labour, migrant workers, mines, docks, construction work, and other hazardous employments, with an aim to ensure uniformity, simplification, and enhanced ease of compliance.
Applicability
These rules as specified under Chapter XI (Part III) (Audio- Visual Workers) of the Code are applicable to:
Compliance Requirements under the Rules in Accordance with the Code
(1) No person shall be employed as an audio-visual worker in or in connection with production of any audio-visual programme unless,—
(a) an agreement in writing is entered into—
(i) with such person by the producer of such audio-visual programme; or
(ii) with such person by the producer of such audio-visual programme with the contractor, where such person is employed through such contractor; or
(iii) with such person by the contractor or other person through whom such person is employed;
Such agreement is to be registered with the competent authority, to be notified by U.P. Government, by the producer of such audio-visual programme.
Agreement for audio-visual workers with producer to be entered into in Form-XXIX. It should contain specified particulars incl. clause of payment by producer in event of contractor failing to discharge his obligations w.r.t wages, etc. Agreement to be registered with authority notified by State Govt.
(1) Such agreement shall contain the following particulars:
(a) name of the audio-visual program;
(b) name and address of the producer and contractor (if any);
(c) name and address of audio-visual worker;
(d) nature of Employment of audio-visual worker;
(e) duration of employment; and
(f) terms and conditions of employment such as wages and other benefit, health and working conditions, safety, hours of work, welfare facilities, dispute resolution process or mechanism, which shall not be less than the entitlement of audio-visual worker in the Code.
(2) If such audio visual workers are covered under the provision of an enactment for the time being in force for providing benefit of provident fund to him, copy of such agreement shall be forwarded by the producer of audio visual program to the concerned provident fund authorities of Central Government.
Penalty & Punishment
Contravention of any provision restricting or regulating the employment of workers including audio-visual worker shall be liable to penalty which shall not be less than fifty thousand rupees but which may extend to one lakh rupees
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.
Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article.