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

During a safety survey at Ganga Steels Pvt. Ltd., a worker, Ramesh, is asked by the surveying officer to undergo a medical examination and spends 40 minutes on it. How is this time treated under the OSH Code, 2020?

The time is deemed to be working hours. Under the survey provisions, time a worker spends on a required medical examination or on furnishing information is treated as working time for calculating wages and overtime wages, regardless of the outcome of the examination.

  1. AIt is unpaid personal time of the worker
  2. BIt is adjusted against the worker's earned leave
  3. CIt is deemed working hours for calculating wages and overtimeCorrect
  4. DIt is counted only if the examination shows illness

Explanation

Section 20(3) says time spent by a worker on a medical examination or furnishing information for the survey is deemed working hour for calculating wages and extra wages for overtime. It is not unpaid or leave, and does not depend on the medical result.

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