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

Sunrise Pictures, a producer, engages Meera as an audio-visual worker through a contractor, Vikas Crew Services, for a web series. Under the OSH Code, 2020, which agreement term is mandatory in this arrangement?

The agreement must state that if the contractor fails to pay wages or meet other obligations, the producer is also liable and can recover the amount from the contractor. The producer's liability cannot be excluded in contractor-based employment of audio-visual workers.

  1. AA term that the contractor alone is liable for unpaid wages and the producer has no liability
  2. BA term that the producer is also liable if the contractor fails to discharge obligations such as wage payment, with a right of reimbursement from the contractorCorrect
  3. CA term that wages will be paid in cash on completion of the programme
  4. DA term waiving the worker's right to approach any Industrial Tribunal

Explanation

Section 66(2)(c) requires that where a worker is employed through a contractor, the agreement must include a condition that the producer is also liable if the contractor fails to meet obligations, and may be reimbursed by the contractor. The first option reverses this. The wage and tribunal options contradict the requirement of electronic payment and the tribunal route.

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