Tools
Key figures and thresholds
Every headcount threshold and figure the compliance checklist and the calculators use. Each one comes with the law's own words and a link to the provision. The library's tests check that each phrase is in that provision and states the figure.
When a duty starts: headcounts (28)
The law words each threshold its own way: “ten or more” includes ten, “more than fifty” does not include fifty.
| What | Applies at | The law's words | Provision |
|---|---|---|---|
| OSH Code establishment | 10 or more | “in which ten or more workers are employed” | OSH Code, s. 2Definitions |
| Exempt agricultural or domestic employer (at most) | 5 or fewer | “employs not more than five persons for agriculture or domestic purpose” | Code on Wages, s. 50Records, returns and notices |
| Bonus Chapter applies | 20 or more | “twenty or more persons are employed” | Code on Wages, s. 41Non-applicability of this Chapter |
| Gratuity: shops and other establishments | 10 or more | “every shop or establishment in which ten or more employees are employed” | Social Security Code, First ScheduleFirst Schedule |
| Maternity benefit: shops and other establishments | 10 or more | “every shop or establishment in which ten or more employees are employed” | Social Security Code, First ScheduleFirst Schedule |
| Employees’ Provident Fund | 20 or more | “Every establishment in which twenty or more employees are employed” | Social Security Code, First ScheduleFirst Schedule |
| Employees’ State Insurance | 10 or more | “Every establishment in which ten or more persons are” | Social Security Code, First ScheduleFirst Schedule |
| Grievance Redressal Committee | 20 or more | “employing twenty or more workers” | Industrial Relations Code, s. 4Grievance Redressal Committee |
| Works Committee (if the Government requires it) | 100 or more | “one hundred or more workers are employed” | Industrial Relations Code, s. 3Works Committee |
| Standing orders | 300 or more | “three hundred or more than three hundred workers” | Industrial Relations Code, s. 28Application of this Chapter |
| Permission for lay-off, retrenchment and closure | 300 or more | “not less than three hundred workers” | Industrial Relations Code, s. 77Application of this Chapter |
| No sixty days’ notice of closure below | fewer than 50 | “less than fifty workers are employed” | Industrial Relations Code, s. 74Sixty days' notice to be given of intention to close down any undertaking |
| Employment information: private-sector establishments | 20 or more | “with 20 or more employees” | SS (Central) Rules, r. 56Reporting of vacancies and result of selection etc |
| Contract labour Part applies | 50 or more | “fifty or more contract labour are employed” | OSH Code, s. 45Applicability of this Part |
| Inter-State migrant workers Part applies | 10 or more | “ten or more inter-State migrant workers are employed” | OSH Code, s. 59Applicability of Part II |
| Canteen | 100 or more | “one hundred or more workers including contract labourers are ordinarily employed” | OSH Code, s. 24Welfare facilities in the establishment, etc |
| Ambulance room | more than 500 | “more than five hundred workers are ordinarily employed” | OSH Code, s. 24Welfare facilities in the establishment, etc |
| Shelter, rest room and lunch room | more than 50 | “more than fifty workers are ordinarily employed” | OSH Code, s. 24Welfare facilities in the establishment, etc |
| Welfare officer | 250 or more | “two hundred and fifty or more workers are ordinarily employed” | OSH Code, s. 24Welfare facilities in the establishment, etc |
| Crèche under the OSH Code | more than 50 | “more than fifty workers are ordinarily employed” | OSH Code, s. 24Welfare facilities in the establishment, etc |
| Crèche under the Code on Social Security | 50 or more | “fifty or more employees are ordinarily employed” | SS (Central) Rules, r. 37Employees and crèche facility |
| Safety committee | 500 or more | “employing five hundred or more workers” | OSH (Central) Rules, r. 14Safety Committee |
| Safety officer: factory | 500 or more | “factory wherein five hundred workers or more” | OSH Code, s. 22Safety Committee and safety officers |
| Safety officer: factory with a hazardous process | 250 or more | “factory carrying on hazardous process wherein two hundred fifty workers or more” | OSH Code, s. 22Safety Committee and safety officers |
| Safety officer: building work | 250 or more | “building or other construction work wherein two hundred fifty workers or more” | OSH Code, s. 22Safety Committee and safety officers |
| Safety officer: mine | 100 or more | “mine wherein one hundred workers or more” | OSH Code, s. 22Safety Committee and safety officers |
| Rescue room (below-ground mine) | more than 100 | “more than 100 persons are ordinarily employed below ground” | OSH (Central) Rules, r. 125Establishment and location of rescue room |
| Rescue-trained persons (below-ground mine) | more than 100 | “more than 100 persons are ordinarily employed” | OSH (Central) Rules, r. 139Appointment of rescue trained persons in mines, their disposition and accommodation |
Figures in the sums (30)
The figures the calculators work with, grouped by topic.
Wages
| What | Figure | The law's words | Provision |
|---|---|---|---|
| Excluded items may be up to one-half of total remuneration | 50% | “exceeds one-half” | Code on Wages, s. 2Definitions |
Gratuity
| What | Figure | The law's words | Provision |
|---|---|---|---|
| Minimum continuous service | 5 | “continuous service for not less than five years” | Social Security Code, s. 53Payment of gratuity |
| Minimum service for working journalists | 3 | “shall be deemed to be three years” | Social Security Code, s. 53Payment of gratuity |
| Days' wages per year of service | 15 | “at the rate of fifteen days' wages” | Social Security Code, s. 53Payment of gratuity |
| A part year counts if it exceeds this many months | 6 | “part thereof in excess of six months” | Social Security Code, s. 53Payment of gratuity |
| Minimum service for fixed-term employees | 1 | “for a period of at least one year” | SS (Central) Rules, r. 33Application for gratuity and appeal etc., |
| Monthly wages ÷ 26 gives a day's wages | 26 | “dividing the monthly rate of wages last drawn by him by twenty-six” | Social Security Code, s. 53Payment of gratuity |
Hours and overtime
| What | Figure | The law's words | Provision |
|---|---|---|---|
| Daily limit on working hours | 8 | “eight hours in a day” | OSH Code, s. 25Daily and weekly working hours, leave, etc |
| Overtime rate | 2 | “twice the rate of wages” | OSH Code, s. 27Extra wages for overtime |
| Weekly hours before overtime (non-daily wagers) | 48 | “more than forty-eight hours in any week” | OSH (Central) Rules, r. 69Wages for overtime |
| Daily wage of a monthly-paid worker | 26 | “the daily wages shall be 1/26th of their monthly wages” | OSH (Central) Rules, r. 69Wages for overtime |
| Maximum overtime in a quarter | 144 | “one hundred forty-four hours in any quarter” | OSH (Central) Rules, r. 69Wages for overtime |
| 15–30 minutes counts as half an hour | 15 | “between 15 to 30 minutes shall be counted as thirty minutes” | OSH (Central) Rules, r. 69Wages for overtime |
Maternity benefit
| What | Figure | The law's words | Provision |
|---|---|---|---|
| Days actually worked in the 12 months before expected delivery | 80 | “not less than eighty days in the twelve months” | Social Security Code, s. 60Right to payment of maternity benefit |
| Maximum maternity benefit period | 26 | “shall be twenty-six weeks” | Social Security Code, s. 60Right to payment of maternity benefit |
| Maximum period with two or more surviving children | 12 | “shall be twelve weeks” | Social Security Code, s. 60Right to payment of maternity benefit |
| Adopting or commissioning mother | 12 | “for a period of twelve weeks from the date the child is handed over” | Social Security Code, s. 60Right to payment of maternity benefit |
| Average daily wage is taken over this many months | 3 | “three calendar months immediately preceding” | Social Security Code, s. 60Right to payment of maternity benefit |
| Medical bonus (or as notified) | ₹3,500 | “three thousand five hundred rupees” | Social Security Code, s. 64Payment of medical bonus |
Retrenchment
| What | Figure | The law's words | Provision |
|---|---|---|---|
| Minimum continuous service | 1 | “continuous service for not less than one year” | Industrial Relations Code, s. 70Conditions precedent to retrenchment of workers |
| Days' average pay per year of service | 15 | “fifteen days' average pay” | Industrial Relations Code, s. 70Conditions precedent to retrenchment of workers |
| A part year counts if it exceeds this many months | 6 | “any part thereof in excess of six months” | Industrial Relations Code, s. 70Conditions precedent to retrenchment of workers |
| Notice, or wages in lieu | 1 | “one month's notice in writing” | Industrial Relations Code, s. 70Conditions precedent to retrenchment of workers |
| Employer's contribution to the re-skilling fund | 15 | “fifteen days wages last drawn” | Industrial Relations Code, s. 83Worker re-skilling fund |
Bonus
| What | Figure | The law's words | Provision |
|---|---|---|---|
| Minimum bonus rate | 8.33% | “eight and one-third per cent” | Code on Wages, s. 26Eligibility for bonus, etc |
| Minimum bonus amount | ₹100 | “one hundred rupees” | Code on Wages, s. 26Eligibility for bonus, etc |
| Maximum bonus rate | 20% | “maximum of twenty per cent” | Code on Wages, s. 26Eligibility for bonus, etc |
| Days worked in the accounting year | 30 | “at least thirty days work” | Code on Wages, s. 26Eligibility for bonus, etc |
| Eligible if monthly wages do not exceed | ₹21,000 | “not exceeding twenty-one thousand rupees per mensum” | Notifications, S.O. 4711(E)Bonus: wage ceiling for eligibility |
| Calculation ceiling (₹ a month) | ₹7,000 | “as if his wage was seven thousand rupees per mensum” | Notifications, S.O. 4710(E)Bonus: wage ceiling for calculation |