Category Archives: Labour Code 2017

Penalties, if any, which can be prescribed by the Executive through Subordinate Legislation, can, at best, be less than and within the limit of the penalty, already provided for by the Parliamentary legislation. The upper cap must be provided for in the Act itself by the Parliament. There should be no scope for delegated powers on penalties to traverse beyond the Act and extend to new areas. But, the proposed Sec. 165.2 (liv) and Sec.166.2 (xxxv) do not adhere to these norms in law-making. The proposed Act / Code confers unlimited jurisdiction to the Executive in imposing penalties and traverses beyond Sec.156 and the Sixth Schedule.

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Letter 4 

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Letter 3

The kind and immediate response from the Ministry on 30.03.2017 shows that this was only a drafting or typing mistake and that it would be set right.

The issue need not, therefore, be raised again by readers who might have noticed the defect on their own.

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Letter 2 

The following letter has been sent to the Ministry of Labour, (to Mr. S. K. Tripathi, Under Secretary) with reference to the Draft Labour Code published by them on 16.03.2017 inviting suggestion and comments from the public. The readers may go through the contents of the letter and offer their opinion both on this website or directly to the Ministry, as they consider fit:

The first letter deals with the nomenclature of the proposed organisation. When an organisation is controlled by a single supreme body, the National Council, it cannot have its name in plural as Social Security Organisation to denote the Central and State level bodies, and leave the context to decide the body which is referred to as the Social Security Organisation each time it is referred to.

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Now, for the text of the letter, click on the image to read on !

Letter 1