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Section 81: Special provisions for audio-visual workers and working journalists

The Occupational Safety, Health and Working Conditions Code, 2020 (Act No. 37 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter X: Special Provisions for Factories, Mines & Plantations
Competent Labour Forum
Act No. 37 of 2020
Section 80 All 143 Sections of OSH Code, 2020 Section 82

Legal Commentary & Landmark Judgments: Section 81

Section 81 of the Code introduces Chapter XI Part VI, enacting specialized protections for audio-visual workers and working journalists, modernizing protections under the legacy Working Journalists and Other Newspaper Employees Act, 1955.

  • Expansive Scope for Media & Entertainment Sector: Brings audio-visual workers—including actors, musicians, stunt performers, camera crew, animators, and dubbing artists—under statutory labor welfare protections for the first time.
  • Mandatory Written Agreement & Advance Filing: Strictly prohibits employing any audio-visual worker without executing a formal written agreement specifying role, compensation, and work hours, which must be registered with the designated authority.
  • Working Hours & Health Protection on Sets: Regulates shift hours, night shoots, safety gear for stunt performers, and comprehensive insurance coverage for media personnel deployed in high-risk assignments.
Key Landmark Precedents:
  • Express Newspapers Pvt. Ltd. v. Union of India AIR 1958 SC 578: Constitution Bench upheld the constitutional validity of specialized statutory enactments protecting journalists and newspaper employees under Article 19(1)(a) and 19(1)(g).
  • Bennett Coleman & Co. v. Union of India (1972) 2 SCC 788: Supreme Court held that fair working conditions and economic security for media professionals are vital to preserving freedom of speech and the press.
  • People's Union for Democratic Rights v. Union of India (1982) 3 SCC 235: Supreme Court affirmed that creative and freelance workers are entitled to full statutory protections against exploitative employment contracts.
Courtroom Practice & Strategic Litigation Guidance:

Production houses and television networks must ensure that all cast and crew agreements contain standard statutory clauses specifying daily working hour limits (maximum 12 hours including rest), overtime rates, and group accident insurance policies.

Section 80 All 143 Sections of OSH Code, 2020 Section 82