Section 106: Offences by employees
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Section 106 — Governs offences by employees and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) Subject to the provisions of section 13, except clause (d) thereof, if any employee employed in a workplace contravenes any provision of this Code or any rules or orders made there under, imposing any duty or liability on…
All provisions were brought into force from 21 November 2025 under S.O. 5321(E), subject to the Central/State appropriate-Government split and provision-specific appointments/notifications.
Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗
Finin2min analysis — what the section actually does
Operative clauses
- (1) Subject to the provisions of section 13, except clause (d) thereof, if any employee employed in a workplace contravenes any provision of this Code or any rules or orders made there under, imposing any duty or liability on employee, he shall be punishable with penalty which may extend to ten thousand rupees.
- (2) Where an employee is convicted of an offence punishable under sub-section (1), the employer of the establishment shall not be deemed to be guilty of an offence in respect of that contravention, unless it is proved that he failed to take all reasonable measures for its prevention.
Provisos, explanations & qualifications
- No proviso/explanation was separately extracted from this section text.
Thresholds and timelines in the text
- Offences by employees.—(1) Subject to the provisions of section 13, except clause (d) thereof, if any employee employed in a workplace contravenes any provision of this Code or any rules or orders made there under, imposing any duty or liability on employee, he shall be punishable with penalty which may extend to ten thousand rupees.
Actors expressly appearing in the text
Employer, Employee / worker
Full statutory text — Section 106
106. Offences by employees.—(1) Subject to the provisions of section 13, except clause (d) thereof, if
any employee employed in a workplace contravenes any provision of this Code or any rules or orders
made there under, imposing any duty or liability on employee, he shall be punishable with penalty which
may extend to ten thousand rupees.
(2) Where an employee is convicted of an offence punishable under sub-section (1), the employer of
the establishment shall not be deemed to be guilty of an offence in respect of that contravention, unless it
is proved that he failed to take all reasonable measures for its prevention.How to apply this provision
- Primary statutory test — (1) Subject to the provisions of section 13, except clause (d) thereof, if any employee employed in a workplace contravenes any provision of this Code or any rules or orders made there under, imposing any duty or liability on employee, he shall be punishable with penalty which may extend to ten thousand rupees.
- Additional operative limb — (2) Where an employee is convicted of an offence punishable under sub-section (1), the employer of the establishment shall not be deemed to be guilty of an offence in respect of that contravention, unless it is proved that he failed to take all reasonable measures for its prevention.
- Numerical or timing control — Offences by employees.—(1) Subject to the provisions of section 13, except clause (d) thereof, if any employee employed in a workplace contravenes any provision of this Code or any rules or orders made there under, imposing any duty or liability on employee, he shall be punishable with penalty which may extend to ten thousand rupees.
- Central Rule mapping — 177, 178, 179, 180, 181, 182. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
- Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker.
Rules, forms and cross-references
Forms mapped
No prescribed form is directly mapped in the current concordance.
Other sections cited in this text
Related Labour Hub resources
A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.
Worked example
When an event triggers offences by employees, record the trigger date, competent authority, prescribed rule/form, filing or decision step, service/acknowledgement and final outcome. A statutory point to test is: “Offences by employees.—(1) Subject to the provisions of section 13, except clause (d) thereof, if any employee employed in a workplace contravenes any provision of this Code or any rules or orders made there under, imposing any duty or liability on employee, he shall be punishabl” Read the mapped Central Rule(s) 177, 178, 179, 180, 181, 182.
Illustration only; it is not statutory text or a substitute for applying the actual facts, jurisdiction, current rule/scheme and official instrument.
Q&A — Section 106
What does Section 106 of the OSHWC Code cover?
Section 106 — Governs offences by employees and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) Subject to the provisions of section 13, except clause (d) thereof, if any employee employed in a workplace contravenes any provision of this Code or any rules or orders made there under, imposing any duty or liability on…
What is the main legal requirement or power in Section 106?
The first operative clause identified from the official text is: “(1) Subject to the provisions of section 13, except clause (d) thereof, if any employee employed in a workplace contravenes any provision of this Code or any rules or orders made there under, imposing any duty or liability on employee, he shall be punishable with penalty which may extend to ten thousand rupees.” Read it with the remaining subsections and any proviso below.
Does Section 106 contain a proviso or explanation?
No standalone proviso or explanation was extracted from this section text. Check the full text below for clause-level qualifications.
What time limit, percentage or amount appears in Section 106?
The provision contains this numerical/time expression: “Offences by employees.—(1) Subject to the provisions of section 13, except clause (d) thereof, if any employee employed in a workplace contravenes any provision of this Code or any rules or orders made there under, imposing any duty or liability on employee, he shall be punishable with penalty which may extend to ten thousand rupees.” Apply it only in the clause and context in which it appears.
Which 2026 Central Rules are linked to Section 106?
The current concordance maps Section 106 to Central Rule(s) 177, 178, 179, 180, 181, 182.
Is Section 106 currently operative?
All provisions were brought into force from 21 November 2025 under S.O. 5321(E), subject to the Central/State appropriate-Government split and provision-specific appointments/notifications.
Source & verification trail
Act: Occupational Safety, Health and Working Conditions Code, 2020 — official India Code PDF ↗
Central Rules: Occupational Safety, Health and Working Conditions (Central) Rules, 2026 — G.S.R. 345(E), 8 May 2026 ↗
Official library: Ministry of Labour & Employment — Labour Codes ↗
Source check: 20 August 2026. Individual professional interpretation should be re-reviewed when the section, rules, notification, scheme, State overlay or controlling judgment changes.