Rajasthan OSHWC Rules, 2026 · Rule 58
Rule 58: Manner of providing Alternative Employment under section 38 (1)(A)(d)
Explains the operative legal effect of manner of providing alternative employment under section 38 (1)(a)(d) under the 2026 Scheme, including who must act, what conditions apply and how the paragraph interacts with the Code on Social Security, 2020.
Final State RuleS.O. 23Effective 30 Jun 2026
Finin2min summary
Explains the operative legal effect of manner of providing alternative employment under section 38 (1)(a)(d) under the 2026 Scheme, including who must act, what conditions apply and how the paragraph interacts with the Code on Social Security, 2020.
Jurisdiction: Rajasthan. These are final State rules notified under sections 133 and 135 of the OSHWC Code, 2020 and are not interchangeable with Central or another State's rules.
Full notified Rule text
58. Manner of providing Alternative Employment under section 38 (1)(A)(d).-
Every occupier shall provide employment to the affected worker employed by him by the order in section 38(1)(A)(a) in the other parts of the factory:
Provided that the wages for period during which alternative employment is provided wages for such period shall paid and shall not be reduced due to alternate employment.
Provided further that if the whole or a part of establishment working as factory or building and other construction site is fully closed by an order, then it shall be the duty of the employer to pay wages to the affected workers as per Code on Wages, 2019 for the number of days for which the establishment was closed.
Official Rajasthan Gazette - S.O. 23
Clause / sub-rule explanation
(a)
(a) in the other parts of the factory:
Provided that the wages for period during which alternative employment is provided wages for such period shall paid and shall not be reduced due to alternate employment.
Provided further that if the whole or a part of establishment working as factory or building and other construction site is fully closed by an order, then it shall be the duty of the employer to pay wages to the affected workers as per Code on Wages, 2019 for the number of days for which the establishment was closed.
Explanation: This sub-rule/clause must be applied with the rule heading, definitions and any linked Code provision. Check whether a prescribed form, authority or threshold is triggered.
Thresholds / timelines found
No standalone numeric threshold extracted; apply the qualitative conditions and linked schedules/forms.
Practical example
A compliance team facing a 'Manner of providing Alternative Employment under section 38 (1)(A)(d)' event should identify the statutory trigger, responsible actor and documentary evidence from this paragraph before filing, paying, approving or rejecting the transaction.
Q&A
What does Rajasthan Rule 58 cover?
Explains the operative legal effect of manner of providing alternative employment under section 38 (1)(a)(d) under the 2026 Scheme, including who must act, what conditions apply and how the paragraph interacts with the Code on Social Security, 2020.
Does this Rule apply outside Rajasthan?
No. This page explains the final Rajasthan State rule. Other States/UTs may have different final, draft or saved rules.
What should an employer verify before acting?
Confirm applicability under the OSHWC Code, read this Rule with its definitions/schedules/forms, verify the current Rajasthan Gazette and retain evidence of compliance.