Govt. of Puducherry notified regarding the registration of establishments under the Occupational Safety, Health and Working Conditions Code, 2020, and exemption from registration/renewal under the Puducherry Shops and Establishments Act, 1964

The Government of Puducherry has recently issued a notification mandating the registration of establishments under the Occupational Safety, Health, and Working Conditions Code, 2020 (OSHWC Code). This development is an important signal that the labor codes are being implemented in a phased manner, beginning with foundational compliance requirements such as registration.

From a professional and advisory standpoint, this notification should not be viewed as a routine procedural update. Instead, it marks the initial stage of a broader transition towards a unified, digital labor compliance framework across India.

Understanding the Regulatory Intent

The OSHWC Code aims to consolidate and rationalize multiple labor laws into a single, streamlined system. One of its key features is the introduction of the concept of “One Establishment – One Registration," replacing the need for multiple registrations under earlier legislation such as the Factories Act, Contract Labour Act, and Inter-State Migrant Workmen Act.

By mandating registration at this stage, the administration is effectively initiating a centralized database of establishments, which will subsequently integrate with other statutory compliances such as EPFO, ESIC, professional tax, and shops & establishments.

Key Compliance Requirement

Pursuant to the notification, all applicable establishments operating in Puducherry are required to obtain registration under the OSHWC Code.

The process is expected to be online and system-driven, requiring employers to furnish basic information such as the following:

• Details of the establishment and employer

• Nature of business activity

• Employee strength, including contract labour

Upon submission and verification, a registration certificate will be issued electronically, enabling lawful operation under the Code framework.

Whether Registration is Required Despite Pending Rules

A common concern among employers is whether registration is mandatory in the absence of fully notified rules under the labor codes.

From a legal and practical perspective, the position is clear:

Once a specific provision—such as registration—is notified by the State/UT, it becomes enforceable, irrespective of whether all rules under the Code have been brought into force.

In this case, Puducherry has explicitly operationalized the registration requirement, and therefore, employers are expected to comply without waiting for complete rule notification.

Practical Implications for Employers

This notification has immediate and future implications:

• It establishes registration as a prerequisite compliance for operating establishments

• It enables digital tracking and inspection mechanisms through the Inspector-cum-Facilitator framework

• It prepares establishments for integration with other labour law compliances

• It increases the importance of accurate employee data and documentation

Noncompliance at this stage may expose establishments to the following:

• Regulatory scrutiny

• Penalties under the Code

• Operational disruptions in future licensing or statutory processes

Phased Implementation – What This Means

The current development should be understood as part of a phased implementation strategy:

• Stage 1: Registration of establishments (current phase)

• Stage 2: Introduction of unified returns and registers

• Stage 3: Full-fledged enforcement of labor codes

Registration, therefore, serves as the foundation for the entire compliance ecosystem under the new regime.

Professional Advisory

In light of the above, it is advisable that employers:

• Do not defer registration on the assumption that rules are pending

• Conduct an internal applicability assessment immediately

• Ensure readiness of establishment and employee data

• Align internal compliance systems with the labor code framework

A proactive approach at this stage will help organizations avoid future regulatory risks and ensure a smooth transition when full implementation is enforced.

Conclusion

The Puducherry notification is a clear indication that the transition to labor codes is no longer theoretical but operationally underway. Registration under the OSHWC Code should be treated as a mandatory and immediate compliance requirement, forming the basis for future labor law governance in India.