Conducting Inspections Under Social Security Code 2020

Conducting Inspections Under Social Security Code 2020

Executive Summary

• • • Introduction of web-based inspections, establishments will be randomly selected by inspectors.
    • Inspection scheme will be devised by the Government.
    • Establishments will be assigned unique number so also the inspector and inspections. Upload information electronically for inspection.
    • Role of inspectors revamped. Inspectors to act as facilitators and advice the employers and employees relating to compliance.

Introduction:

The effectiveness of any system is determined by its implementation and enforcement. The new labour codes propose to revamp the entire labour laws by way of consolidation of existing Central labour laws and also aims to provide mechanisms to ensure or facilitate the enforcement of the provisions of the code. The creation of Inspector-cum-facilitator and the change in the inspection system under the code is an initiative to monitor the effective compliance of the law, improve ease of doing business and, above all, abolish Inspector Raj.

How will Inspections be conducted?

The Central Government and the appropriate Government can lay down an inspection scheme which may provide for generation of a web-based inspection and provisions for calling of information relating to the inspection electronically. The scheme shall also make provisions to cater to special circumstances for assigning inspections and calling for information from the establishment or any other person, randomized selection of establishment for inspection by the Inspector-cum-Facilitators.

The web-based inspection scheme has to be formulated taking into account the following factors:

a) Each establishment will be assigned a unique number which will be same as the registration number allotted to that establishment, each Inspector-cum-Facilitator and each inspection will be given a similar unique number.

b) Timely uploading of inspection reports as notified.

c) Provisions for special inspections.

d) The characteristics of employment relationships, the nature of work and characteristics of the workplaces.

The Code, also, empowers the Central Government and appropriate Government to appoint an inspector-cum-facilitator who shall be deemed to be a public servant and shall be vested with powers to conduct inspections and facilitate the compliance of the provisions of the code. In addition to the conduct of inspections and monitoring, the inspector-cum-facilitator shall also advice the employers and employees relating to compliance with the provisions of this Code, inspect the establishments assigned to him, search, seize or take copies of such register, record of wages or notices and also take notice/action of any violations under the Code.

Conclusion

The web-based inspections will definitely bring in more transparency in the system by replacing the age-old physical mode to conduct inspections. Further, establishments will be randomly selected establishments and inspectors will be computer chosen and assigned across jurisdiction thus removing the jurisdiction barrier from the inspection system and rendering it less prone to corruption and do away with the nexus with the employers and officials. Further, appointment of inspectors and selection of establishments for inspections will be done fairly without any collusions.

However, the Government has to ensure security of the inspection web portal and the records uploaded shall be adequately protected against breaches.

Regards, Legal Team Proind Business Solutions Private Limited 306, Tower B, I-thum, Plot No A-40, Sector 62, Noida, UP, India- 201301 No.: +91 120 4224203 Email: info@proind.in, website: www.proind.in