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CS Executive · Setting Up of Business, Industrial and Labour Laws · The Occupational Safety, Health and Working Conditions Code, 2020

A State Government department engages a housekeeping contractor for its office, with the department as principal employer. Under section 1 of the OSH Code, 2020, how does the Code apply to the contract labour there?

The Code applies to the contract labour. Although offices of the Central and State Governments are generally excluded, a proviso applies the Code to contract labour employed through a contractor where the Government is the principal employer.

  1. AIt does not apply because it excludes offices of the State Government entirely
  2. BIt applies to contract labour employed through a contractor where the State Government is the principal employerCorrect
  3. CIt applies only if the Central Government is the principal employer
  4. DIt applies only to the department's regular employees

Explanation

Section 1(3) excludes offices of the Central and State Governments, but its proviso applies the Code to contract labour employed through a contractor where the Government is the principal employer. Hence the first option ignores the proviso, and the third wrongly limits it to the Central Government.

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