Compliance Requirements under the Rules in Accordance with the Code

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1. Responsibility of employer for maintaining health, safety and working conditions in U.P. (Section 23)

Employer shall be responsible to maintain in his establishment such health, safety and working conditions for the employees as may be prescribed by the Central Government.

Central Government may prescribe for providing all or any of the following matters in the establishment or class of establishments, namely:—
(i) cleanliness and hygiene;
(ii) ventilation, temperature and humidity;
(iii) environment free from dust, noxious gas, fumes and other impurities;
(iv) adequate standard of humidification, artificially increasing the humidity of the air, ventilation and cooling of the air in work rooms;
(v) potable drinking water;
(vi) adequate standards to prevent overcrowding and to provide sufficient space to employees or other persons, as the case may be, employed therein;
(vii) adequate lighting;
(viii) sufficient arrangement for latrine and urinal accommodation to male, female and transgender employee separately and maintaining hygiene therein;
(ix) effective arrangements for treatment of wastes and effluents; and
(x) any other arrangement which the Central Government considers appropriate.

2. Welfare facilities in the establishment in U.P. (Section 24 (1))

Employer shall provide and maintain prescribed welfare facilities for employees, including:
(i) Separate washing facilities for male and female employees;
(ii) Separate bathing places and locker rooms for male, female, and transgender employees;
(iii) Spaces for storing clothing not worn during work and drying wet clothing;
(iv) Seating arrangements for employees required to work standing;
(v) Canteen facilities in establishments employing 100+ workers, including contract labourers;
(vi) Medical examinations for mine employees before employment and at specified intervals;
(vii) Adequate first-aid boxes or cupboards accessible during working hours;
(viii) Other welfare measures deemed necessary by the Central Government for a decent standard of living.

3. Provision of Canteen facilities in the establishment in U.P. (Section 24 (1) (v))

Wherein one hundred or more workers including contract labourers are ordinarily employed, employer shall provide canteen facilities in an establishment.

4. Provision of Ambulance room in an establishment in U.P. (Section 24 (2) (i))

Employer to provide ambulance room facility in every factory, mine, building or other construction work wherein more than five hundred workers are ordinarily employed.

5. Provision of medical facilities for motor transport workers in U.P. (Section 24 (2) (ii))

Provision for medical facilities shall be made at the operating centres and halting stations, uniforms, raincoats and other like amenities for protection from rain or cold for motor transport workers.

6. Provision of Shelters or rest-rooms and lunch room facilities in an establishment in U.P. (Section 24 (2) (iii))

Adequate, suitable and separate shelters or rest-rooms to be provided for male, female and transgender employees and lunch-room in every factory and mine wherein more than fifty workers are ordinarily employed and in motor transport undertaking wherein employee is required to halt at night.

7. Appointment of welfare officer in an establishment in U.P. (Section 24 (2) (iv))

Central Govt, may prescribe for the appointment of welfare officer in every factory, mine or plantation wherein two hundred and fifty or more workers are ordinarily employed and the qualification, conditions of service and duties of such welfare officer.

8. Provision of facilities to building workers in case of construction activities in U.P. (Section 24 (2) (v), (vi))

Central Government may require employers to provide temporary, free living accommodations for building workers near the work site. Employers must also remove or demolish these accommodations when no longer needed and return any land obtained for this purpose from Municipal Board or local authority.

9. Provision of creche facilities in the establishment in U.P. (Section 24 (3))

Facility of creche having suitable room or rooms for the use of children under the age of six years of the employees shall be provided at suitable location and distance either separately or along with common facilities in establishments wherein more than fifty workers are ordinarily employed.

However an establishment can avail common crèche facility of the Central Government, State Government, municipality or private entity or provided by non-Governmental organisation or by any other organisation or group of establishments may pool their resources for setting up of common crèche in the manner as they may agree for such purpose.

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.