section 66
Prohibition of employment of audio-visual worker without agreement.
The Occupational Safety, Health and Working Conditions Code, 2020Labour2020143 sections14 chapters
Part III AUDIO-VISUAL WORKERS
Statutory text
- (1) No person shall be employed as an audio-visual worker in or in connection with production of any audio-visual programme unless,---
- (a) an agreement in writing is entered into---
- (i) with such person by the producer of such audio-visual programme; or
- (ii) with such person by the producer of such audio-visual programme with the contractor, where such person is employed through such contractor; or
- (iii) with such person by the contractor or other person through whom such person is employed; and
- (b) such agreement is registered with the competent authority, to be notified by the appropriate Government, by the producer of such audio-visual programme.
- (a) an agreement in writing is entered into---
- (2) Every agreement, referred to in sub-section (1) shall,---
- (a) be in the prescribed form;
- (b) specify the name and such other particulars as may be prescribed by the appropriate Government with respect to, such person to be employed under the agreement as audio-visual worker;
- (c) include, where such audio-visual worker is employed through a contractor, a specific condition to the effect that in the event of the contractor failing to discharge his obligations under the agreement to the audio-visual worker with respect to payment of wages or any other matter, the producer of the audio-visual programme shall also be liable to discharge such obligations and shall be entitled to be reimbursed with respect thereto by the contractor.
- (3) A copy of the agreement referred to in sub-section (1) with respect to the employment of the audiovisual worker shall, if such audio-visual worker is covered under the provision of an enactment for the time being in force for providing the benefit of provident fund to him, also be forwarded by the producer of the audio-visual programme to such authority as may be prescribed by the appropriate Government.
- (4) Notwithstanding anything contained in Chapters V, VI and VII, the agreement referred to in sub-section (1) shall include,---
- (i) nature of assignment;
- (ii) wages and other benefits (including provident fund, if covered under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952));
- (iii) health and working conditions;
- (iv) safety;
- (v) hours of work;
- (vi) welfare facilities; and
- (vii) dispute resolution process or mechanism, the constitution and other details of which shall be prescribed by the appropriate Government: Provided that in case of failure of the resolution of the dispute in such dispute resolution process or mechanism, either party in the dispute may invoke the jurisdiction of the Industrial Tribunal established by the appropriate Government under section 7A of the Industrial Disputes Act, 1947 (14 of 1947) and for such purpose such dispute shall be deemed to be industrial dispute within the meaning of that Act and it shall be the responsibility of the producer of the audio-visual programme to provide the facilities specified in the agreement to the audio-visual worker and the payment of wages shall be through electronic mode.
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