Labour laws relating to food service establishments
India has brought most central labour laws into four Labour Codes on wages, industrial relations, social security and safety; state Shops and Establishments Acts cover hotels and restaurants.
Why labour laws matter in food service
Hotels, restaurants, canteens and caterers employ many workers, often casual, contract or migrant staff working long hours in hot kitchens. Labour laws protect their wages, hours, safety, social security and fair treatment. A food service manager must know them and keep the required registers and records. India has consolidated most central labour laws into four Labour Codes; older textbooks still list the separate Acts, so write the Code and name the main Acts it brought together.
The four Labour Codes
| Code | Main older Acts it brings together | What it means for a food unit |
|---|---|---|
| Code on Wages, 2019 | Payment of Wages Act 1936, Minimum Wages Act 1948, Payment of Bonus Act 1965, Equal Remuneration Act 1976 | Pay at least the minimum wage fixed by government, on time; bonus; equal pay for men and women for the same work |
| Industrial Relations Code, 2020 | Trade Unions Act 1926, Industrial Employment (Standing Orders) Act 1946, Industrial Disputes Act 1947 | Trade unions, service rules (standing orders), settling disputes, strikes, lay-off and retrenchment |
| Code on Social Security, 2020 | Employees' Provident Funds Act 1952, ESI Act 1948, Employees' Compensation Act 1923, Maternity Benefit Act 1961, Payment of Gratuity Act 1972 and others | Provident fund, health insurance (ESI), compensation for injury at work, maternity benefit, gratuity; also covers gig and platform workers such as delivery partners |
| Occupational Safety, Health and Working Conditions Code, 2020 | Factories Act 1948, Contract Labour (Regulation and Abolition) Act 1970, Inter-State Migrant Workmen Act 1979 and others | Safe workplace, health checks, welfare facilities (canteens, drinking water, washrooms, first aid), working hours and overtime, contract and migrant workers |
Other laws a food service manager must know
| Law | Key point for a food unit |
|---|---|
| Shops and Establishments Act of each state | Registration of shops, hotels and restaurants; daily hours, weekly holiday, leave, opening and closing times |
| Child and Adolescent Labour (Prohibition and Regulation) Act 1986, amended 2016 | No child under 14 may be employed; adolescents (14 to 18) may not do hazardous work |
| Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 | Every employer with ten or more employees must set up an Internal Committee to hear complaints |
| Food Safety and Standards Act 2006 and its regulations | Food handlers must be medically fit, clean, in clean uniforms, and trained in hygiene |
| Apprentices Act 1961 | Rules for training apprentices, e.g. in hotel kitchens |
The manager's duties in practice
- Give every worker an appointment letter and a wage slip; pay at least the minimum wage on time.
- Keep registers of attendance, wages, overtime, leave and accidents.
- Register for PF and ESI where the law applies and deposit dues on time.
- Give a weekly holiday, leave and limits on working hours and overtime.
- Provide a safe kitchen: guards on machines, fire extinguishers, first aid, safe gas lines.
- Provide welfare facilities: drinking water, washrooms, rest area and, where required, a canteen.
- Never employ children; check that contractors also follow the law.
- Keep food handlers' medical fitness certificates and training records.
A kitchen that ignores labour law loses trained cooks and invites inspections. Fair wages, a weekly off and safe working conditions keep an experienced, healthy team, which is the base of safe, consistent food.
2 marks: “Name the four Labour Codes.” Code on Wages 2019; Industrial Relations Code 2020; Code on Social Security 2020; Occupational Safety, Health and Working Conditions Code 2020.
5 marks: “Write a note on the Code on Social Security as it applies to food service workers.” Brings together PF, ESI, employees' compensation, maternity benefit and gratuity Acts; benefits for workers; covers gig and platform workers such as delivery partners.
10 marks: “Explain the labour laws pertaining to food service establishments.” Why they matter; four Labour Codes with the older Acts and their meaning for a food unit; Shops and Establishments Acts; child labour, POSH and FSS Act; manager's duties; conclude.
Four Codes = W-I-S-O: Wages, Industrial relations, Social security, Occupational safety.