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

An inspecting officer authorised under Section 20 conducts a safety and occupational health survey at Bharat Chemicals' factory and asks workers to undergo medical examination at the factory. Rakesh, a worker, spends 45 minutes on the examination. How is this time treated?

The 45 minutes is deemed to be working hour for calculating wages and extra wages for overtime work. Section 20(3) protects workers who undergo survey medical examinations or give information, so the time cannot be treated as unpaid or as leave.

  1. ADeemed to be working hour for calculating wages and extra wages for overtimeCorrect
  2. BTreated as unpaid personal time
  3. CTreated as leave of absence
  4. DCounted only if the worker is a permanent employee

Explanation

Section 20(3) says time spent by a worker on medical examination or furnishing information for the survey is deemed a working hour for calculating wages and overtime extra wages. So it cannot be unpaid or treated as leave.

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