India’s new labor codes are by far the biggest change to our labor laws in Indian history. Employers in India are quickly gearing up as the government prepares for the implementation of the new labor codes in 2022.
It is critical that the terms ‘employee’ and ‘worker’ as defined and used in the four new labor codes - Code on Wages, 2019 (“Wages Code”), Code on Social Security, 2020 (“SS Code”), Industrial Relations Code, 2020 (“IR Code”) and Occupational Safety, Health and Working Conditions Code, 2020 (“OSH Code”), are well understood by employers in respect of determining the application of provisions thereto to specific classes of employed individuals.
Employee: While the SS Code uses the term ‘employee’, the Wages Code, IR Code and the OSH Code use both the terms “employee” and “worker” in different contexts. The definitions of ‘employee’ in the 4 labor codes are typically similar and fairly broad to include persons who are “employed on wages by an establishment to do any skilled, semi-skilled or unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied”.
An employee excludes an apprentice engaged under Apprentices Act, 1961, besides members of armed forces. The OSH Code qualifies ’employee’ with a caveat with respect to mine workers for consistency with the provisions under the Mines Act, 1952. The SS Code in its definition of ‘...
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