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CS Professional · Labour Laws and Practice · Law of Welfare and Working Condition

Sundaram Textiles Pvt Ltd runs a factory in Coimbatore. It plans to recover Rs 200 per month from each employee towards the cost of the periodic medical examination used to detect occupational diseases. Under the OSH Code, 2020, what is the legal position?

The recovery is not allowed. The OSH Code, 2020 requires the employer to ensure that no charge is levied on any employee for anything provided for workplace safety and health, including medical examinations to detect occupational diseases. Employee consent or partial cost sharing does not change this duty.

  1. AThe recovery is permitted if employees give written consent
  2. BThe recovery is not permitted, because no charge may be levied on any employee for safety and health measures, including medical examination to detect occupational diseasesCorrect
  3. CThe recovery is permitted up to half the cost of the examination
  4. DThe recovery is permitted only for employees earning above the prescribed wage ceiling

Explanation

Section 6(1)(g) requires the employer to ensure that no charge is levied on any employee for anything done or provided for maintaining safety and health at the workplace, including medical examination and investigation to detect occupational diseases. The Code does not allow consent, partial recovery or wage-based exceptions, so the other options are wrong.

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