UPSC EPFO APFC

Detailed Explanation • Statement 1 is correct: Under Section 45 of the Occupational Safety, Health and Working Conditions (OSHWC) Code, 2020, the contract labour provisions apply mandatorily to every establishment or manpower supply contractor that employs 50 or more contract workers on any single day of the preceding 12 months (raised from the old threshold of 20 under the 1970 CLRA Act). • Statement 2 is correct: The OSH Code replaces fragmented state-wise licenses with a unified electronic contractor licensing system that carries a statutory validity period of 5 years (unless suspended or revoked earlier), or a project/work-specific license format. • Statement 3 is correct: If a licensed contractor defaults on or fails to disburse due wages to contract workers, the Principal Employer bears the statutory secondary liability to clear the unpaid wages directly and can subsequently recover those amounts from the contractor.

The correct answer is (d) Fine between INR 2,00,000 and INR 3,00,000. 1. Elimination Trick (The "Default Heavy Fine" Rule): A major objective of the 2020 Labour Codes was to decriminalize minor administrative offenses (removing jail time for small paperwork errors) and replace them with heavy financial deterrents. Because jail time was removed as the default punishment, the baseline monetary fine was cranked up significantly to a minimum of ₹2 Lakhs to ensure employers take compliance seriously. 2. Core Provision (Section 94 of OSHWC Code, 2020): General Penalty: If an employer contravenes any provision of the Code (or any rules/bylaws made under it) for which no specific penalty is expressly provided, they shall be punishable with a fine of not less than ₹2,00,000 and up to ₹3,00,000. Subsequent Offence: If a person is convicted again for the same offence, the penalty escalates to imprisonment for up to 1 year, or a fine between ₹5,00,000 and ₹10,00,000, or both. 3. To-the-Point Revision Pointers (Key OSHWC Penalty Ceilings): ₹10,000: Maximum fine for an employee violating their safety duties (Section 107). ₹1,00,000: Maximum fine for obstructing an Inspector-cum-Facilitator (Section 95). ₹3,00,000: Maximum default fine for a general employer contravention (Section 94). ₹5,00,000: Maximum fine for a contravention directly resulting in a worker's death (plus up to 2 years imprisonment) (Section 96).

B) 10 or more workers Detailed Explanation • Threshold for Registration: Under Section 3 of the Occupational Safety, Health and Working Conditions (OSH) Code, 2020, an establishment employing 10 or more workers is required to obtain electronic registration. • Electronic Filing: The application must be submitted electronically (via the designated portal, such as the Shram Suvidha Portal) within 60 days from the date the Code becomes applicable to the establishment. • Single Registration: The OSH Code 2020 replaces multiple historical registrations and licenses across 13 central labor acts with a unified, all-India electronic registration system to ease compliance.