Change in forms under new Code on working conditions to Factories Act

The Occupational Safety, Health and Working Conditions Code, 2020 received the President's assent on September 28, 2020 along with two other codes, all of which are yet to be notified by the Government (for want of formalization and notification of allied rules). The aforesaid Code has subsumed several key legislations on the working conditions of labour and consolidated it into one comprehensive act, including, inter alia, the Contract Labour (Regulation and Abolition) Act, 1970, the Factories Act, 1948, etc.

Hereinbelow, we look at certain forms viz. a viz. the changes it brings with regards to the Factories Act, 1948:


Code on Occupational Safety, Health and Working Conditions, 2020 ("OSH")

Factory rules ("Rules")



Certificate of Fitness

Certificate of Fitness and Record of Eye Examination

Under the Rules there are two separate forms for medical examination of employees. form 5 is the certificate of fitness and Form 8A is certificate of eye examination. Under OSH, Form V a combined form to test the medical fitness of an employee which includes, occupational history, brief review of medical history, current symptoms, physical examination, routine blood investigation, standard chest X ray, spirometry, audiometry, eye examination, ECG and echocardiography. The certificate of fitness is renewable annually under OSH. The certificate of fitness has to be renewed annually under OSH.


Unified Annual Return Form

Annual Return Form

The OSH prescribes a single integrated return to be filed on-line under the Code on Occupational Safety, Health and Working Conditions, 2020, the Code on Industrial Relations, 2020, the Code on Social Security, 2020, and the Code on Wages, 2019. The details of manpower deployed, prescribed skill category has now also included transgender under the semi-skilled category, which was not included earlier. Along with that, details of contractors engaged in the establishment, details of various health and welfare amenities provided, details of retrenchment / lay off, man-days lost during the year, details of payment of bonus, details pertaining to maternity benefits, details of accidents, dangerous occurrences and notifiable diseases, man-days and production lost due to accidents / dangerous occurrence have also been included in the Annual Return Form. The OSH has also done away with the half yearly returns prescribed under the Rules.


Application for License

Application for License

The Application for License form has been amended in the OSH. The new form has the following additional features - (i) Activity as per National Industrial Classification ("NIC"); (ii) Details of selected NIC Code; (iii) Particulars of the contract labour to be employed; (iv) Details of establishments for which common license is required; (v) Details of establishments for which single license is required; (vi) Application for renewal of license; and (vii) Application for amendment of license.


Experience Certificate of Contract Employees


Form XV of OSH includes 'Experience Certificate of Contract Employees' which wasn't included in the Rules. It contains the contact information and personal details of the contract worker along with the period of service provided.

This update is by Rohitaashv Sinha, Advocate & Associate Partner at Agarwal Jetley & Co., Advocates & Solicitors. Contact: Email: or Mob: (+91) - 9999565393