(1) In accordance with the provisions of this Code, the statutory standards and employer duties governing Presumption as to employment shall be enforced across all industrial premises, factories, mines, and workplaces throughout India.
(2) Every occupier, principal employer, contractor, and manager shall strictly implement the environmental benchmarks, machinery safeguards, working hour limitations, and welfare facilities specified under this section.
(3) Failure to maintain the health and safety standards mandated under this section shall constitute a punishable offence under Chapter XI, attracting fines and imprisonment where serious bodily injury or fatality occurs.
Legal Commentary & Landmark Judgments: Section 101
Section 101 of the Code creates a statutory presumption as to employment, providing that where an individual is found inside a factory, mine, or establishment during working hours, they shall be presumed to be employed there unless the contrary is proved by the employer.
Establishments must enforce strict electronic biometric access control: every visitor, vendor, or contractor technician must be issued a distinct visitor smart badge with recorded entry/exit timestamps to successfully rebut the Section 101 presumption.