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 VIII of the Code are applicable to:
Compliance Requirements under the Rules in Accordance with the Code
Every employer shall maintain register of workers, wages, overtime, fine, deduction for damage or loss in Form 13, shall be kept available at a factory/establishment.
Every employer shall ensure that manual registers and records are legibly maintained in English, Hindi, Gujarati, or the language understood by the majority of employees, and preserved in original for three years from the date of the last entry. If the originals are lost or destroyed within one year, true copies, if available, shall be preserved for the prescribed period.
Every employer shall maintain muster roll of the all workers employed in the factory / establishment in Form 14 showing the name of each workers, the nature of his work and daily attendance of the worker.
Every employer shall ensure that manual registers and records are legibly maintained in English, Hindi, Gujarati, or the language understood by the majority of employees, and preserved in original for three years from the date of the last entry. If the originals are lost or destroyed within one year, true copies, if available, shall be preserved for the prescribed period.
Every employer shall issue where the wage period is one week or more, wage book to each of such building worker, in Form 15 in which entries shall be made at least a day prior to the disbursement of wages to them.
Every employer shall issue a service certificate to each of such building worker in Form 16 on termination of his service on account of completion of such work or for any other reason
Register of adult workers shall be in Form 17. This register shall be written up afresh each year and shall be preserved for a period of twelve months.
Manager of every factory shall provide to each worker an identity card with photograph, free of cost, in Form 18 and shall enter the serial number of such card against the name of such worker in the register of adult workers
(1) It shall not be necessary to furnish such identity card to any worker to whom an identity card containing similar particulars and information is furnished under any other law applicable to him.
(2) No worker shall be allowed or required to work in a factory unless he carries while he is at work an identity card.
(3) Every worker shall, on demand by an Inspector-cum-Facilitator appointed for the purposes of the Act, produce the identity card provided to him.
(4) If any worker loses his identity card a duplicate card shall be furnished to him by the Manger immediately on production of a recent passport size photograph by the worker for affixing on it, free of charge.
Factory managers must maintain a Leave with Wages Register in Form 19 and preserve it for 3 years. The Leave with Wages Register shall be preserved for a period of three years after the last entry in it and shall be produced before the Inspector-cum-Facilitator on demand.
Managers must issue each worker a Leave Card in Form 20, which remains the worker’s property. It may be held by the manager only for record entry and not for more than a week. Lost cards must be replaced free once, then on a no-profit-no-loss basis within 15 days.
All overtime work must be recorded in duplicate slips noting actual hours worked. One signed copy must be given to the worker immediately after the overtime. If daily slips are impractical, weekly slips may be permitted by the Chief Inspector-cum-Facilitator.
Every employer/contractor shall display at a conspicuous workplace notice in Form 21 showing establishment details, work hours, wage period, payment dates, accident records (5 years), Inspector’s details, and unpaid wage payment date in English, Hindi, and local language.
A copy of the notice referred to in sub-rule (1) shall be sent to the Inspector-cum-facilitator having jurisdiction and whenever any change occurs relating to facts contained in such notice, such change shall be communicated by the employer or contractor to such Inspector-cum-facilitator.
An employer of an establishment shall issue wage slips to the workers, in electronic forms or otherwise
Manager/ Employer of every factory/Employer of Building or other construction work shall maintain a Register of all accidents and dangerous occurrences which occur in the factory/Building or other construction work in Form 22.
Every employer shall annually submit, in duplicate, Form 23 to the jurisdictional Inspector-cum-Facilitator by 1st February following the calendar year, with a copy to the Director General, Labour Bureau, and DGFASLI, electronically or otherwise.
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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