Uttar Pradesh temporary exemption from certain labour laws ordinance, 2020
May 12, 2020
The Uttar Pradesh cabinet has approved the Uttar Pradesh Temporary Exemption from Certain Labour Laws Ordinance 2020. This has been done with a view to mitigate the impact of the Covid-19 pandemic on economic and industrial activities and workers’ welfare, by creating opportunities in the state for new industrial investments and giving a boost to old industrial activities.
The Ordinance, which will come into effect on the date of its publication in the gazette, exempts factories and other manufacturing establishments, as defined u/s 2(k) of the Factories Act 1948, from the application of all labour laws for a period three years, except for the following legislations:
Building and Other Construction Workers Act, 1996;
Workmen Compensation Act, 1923;
Bonded Labour System (Abolition) Act, 1976; and
Section 5 of the Payment of Wages Act, 1936 (the right to receive timely wages).
Further, Provisions related to children and women in the various labour laws shall remain applicable
These exemptions are subject to fulfilment of the following conditions:
The name and details of all employed workers shall be entered electronically on attendance register prescribed in section 62 of the Factories Act, 1948.
No workers shall be paid less than minimum wages as prescribed by UP Government. The wages to the workers shall be paid within the time limit prescribed under section 5 of Payment of Wages Act, 1936 and deposited only in their bank accounts.
The provisions of Factories Act, 1948 and Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 relating to safety and security of the workers shall remain applicable.
The workers shall not be allowed or required to work for more than eleven hours per day and the spread-over of the work shall not be more than twelve hours per day.
For any death or disability due to accident arising out of and in the course of employment, compensation shall be paid in accordance with Employees Compensation Act, 1923.
In case of breach of the abovementioned conditions, action will be taken in accordance with the provisions of existing relevant Acts.
A copy of the Ordinance is attached for reference along with a copy of the cabinet approval to the Ordinance (in Hindi).
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