Notification Record & Forms
Notification details and the forms every employer needs, in one place.
- Issuing authority
- Labour Department, Government of Sikkim
- Notified
- Not yet. Published as draft rules for public objections and suggestions
- Objection window
- 45 days from the date the draft was made available in the official gazette
- Legal basis
- Sections 133 and 135 of the Occupational Safety, Health and Working Conditions Code, 2020 (Act 37 of 2020)
- Supersedes
- The Building and Other Construction Workers Act, 1996 and the Inter State Migrant Workmen Act, 1979, as applicable in Sikkim
- Status as of
- July 2026, still at draft stage. Final notification date was not available in public records at the time of writing
Sikkim has drafted a new set of workplace rules under the central labour law for safety and health. Here is what employers, factories and contractors in the state need to know before it becomes final. The Occupational Safety, Health and Working Conditions Code, 2020 is a central law that brings together many older labour laws, including the Factories Act, the Contract Labour Act and the Building and Other Construction Workers Act, into one code.
Every state must write its own rules to put this code into practice locally. Sikkim has now drafted its version, called the Sikkim Occupational Safety, Health and Working Conditions Rules, 2024. These draft rules explain how an employer in Sikkim must register a business, report accidents, keep worker records, pay overtime, hire contract labour, and handle offences under the code. They apply to factories, construction sites, shops, transport companies, plantations and several other kinds of workplaces across the state.
Forms under the State Rules
Due Dates
Compliance deadlines, forms and how often each one recurs.
| Compliance | Form | Compliance Frequency | Due Date |
|---|---|---|---|
| Register the establishment | Form 1 | One time | Before the business starts operating |
| Report start or closure of work | Form 4 | Event based | Within 30 days of the event |
| Health check up for eligible workers | Form 5 | Yearly | Once every calendar year |
| Report a death or serious injury | Form 6 | Event based | Within 12 hours of the event |
| File the annual return | Form 10 | Yearly | On or before 1 February, for the year that just ended |
| Update registration after a change | Form 1 (update) | Event based | Within 30 days of the change |
| Renew a contract labour licence | Form 19 | Before expiry | 30 to 90 days before the licence expires |
Key Provisions
What changed under the Code, and what it means for payroll.
Old Law vs. New Law
What employers followed before, against what applies now — point matched against point.
| On this point | Before — earlier law | Now — the new Code |
|---|---|---|
| Registration | Separate registration under different laws such as the Factories Act and the Building and Other Construction Workers Act | One single online registration under the Occupational Safety, Health and Working Conditions Code |
| Contract labour licence threshold | A licence was needed once a contractor engaged 20 or more workers | A licence is needed only once a contractor engages 50 or more workers |
| Overtime limit | Overtime was generally capped lower, around 50 hours in a quarter under the Factories Act | Raised to 125 hours in a quarter |
| Women working at night | Women were generally restricted from working between 7 PM and 6 AM without special state permission | Allowed with consent, subject to safety conditions like transport, CCTV and women wardens |
| Appointment letters | Not compulsory in many sectors | Compulsory for every worker, to be issued within 3 months |
| Annual filing | Multiple separate returns for different laws and departments | One consolidated annual return in Form 10 |
| Applicable state laws | Building and Other Construction Workers Act, 1996 and Inter State Migrant Workmen Act, 1979 applied in Sikkim | Both repealed and replaced by these draft rules |
Applicability
Who the Code covers, and who gets special or exempt treatment.
Covered
- Factories with 20 or more workers using power, or 40 or more without power
- Any establishment engaging 10 or more workers
- Building and other construction work sites with 10 or more workers
- Contractors and principal employers engaging 50 or more contract workers
- Motor transport undertakings, newspaper establishments, audio visual production units and plantations with 10 or more workers
- Beedi and cigar work premises
Exempted / special treatment
- Offices of the Central Government and State Government
- Any ship of war belonging to any nation
- Establishments carrying out a hazardous or life threatening process, which are covered regardless of how many workers they employ
- Mines, ports and dock work, which follow their own sector specific provisions under the wider code
Frequently Asked Questions
Answers to what employers ask us most about this rule.
What are the Sikkim OSH Rules 2024?
They are the state level rules that Sikkim has drafted to apply the central Occupational Safety, Health and Working Conditions Code, 2020 within the state. They cover registration, safety, working hours and worker welfare.
Are these rules already in force in Sikkim?
Not yet. They are currently draft rules published for public objections and suggestions. They will apply only once the state gives final notification in the official gazette.
Who needs to register an establishment under these rules?
Most workplaces with 10 or more workers need to register, and factories usually need 20 or more workers if they use power, or 40 or more if they do not.
How does an employer register a business?
Registration is done online using Form 1, and the fee depends on how many employees the establishment has, ranging from 1000 rupees for small establishments up to 50000 rupees for the largest ones.
What if the registration certificate is not issued within 7 days?
The establishment is treated as registered automatically, and the certificate is generated on its own.
Is it compulsory to issue appointment letters to workers?
Yes. Every worker must receive a written letter of appointment. Workers who do not already have one must be given a letter within 3 months of the rules coming into force.
What is the annual return and when is it due?
It is a single yearly filing in Form 10 that covers the establishment as a whole. It must reach the Inspector cum Facilitator by 1 February following the end of the calendar year.
Can women be employed on night shifts under the new rules?
Yes, with their consent, as long as the employer arranges safety measures such as transport, CCTV cameras, adequate lighting, women wardens and a minimum share of women workers in every night batch.
What are the new overtime rules?
Overtime is paid at twice the normal wage rate, and a worker cannot be asked to do more than 125 hours of overtime in a quarter.
How much does a contract labour licence cost?
The fee depends on the number of contract workers, starting from around 1000 rupees for 50 to 100 workers and going up to 40000 rupees for establishments with more than 20000 contract workers.
What is the Social Security Fund contribution mentioned in the rules?
At the time of registration, an employer must pay 50 rupees for every worker into the Sikkim State Social Security Board fund, which supports unorganised workers.
What happens if an employer breaks these rules?
A designated officer can allow the employer to settle the matter by paying a compounding fee instead of facing prosecution. The officer must decide the amount within 7 days of the application, and payment is due within 15 days after that.
Which older Sikkim laws do these rules replace?
They repeal the Building and Other Construction Workers Act, 1996 and the Inter State Migrant Workmen Act, 1979 as they applied in Sikkim, though anything already done under those laws remains valid.
Do small offices with very few staff need to comply?
Most obligations in these rules start once an establishment reaches 10 workers, except for hazardous processes, which are covered no matter how many workers are employed. Very small offices should still check other applicable labour laws separately.
Where can employers check the latest status of these rules?
The Labour Department, Government of Sikkim publishes updates and gazette notifications on its official website, and that remains the most reliable place to confirm whether the rules have been finally notified.
Sources
Where every fact on this page comes from.
- → Draft Sikkim Occupational Safety, Health and Working Conditions Rules, 2024, Labour Department, Government of Sikkim (official)
- → The Occupational Safety, Health and Working Conditions Code, 2020 (Act No. 37 of 2020), Ministry of Labour and Employment, Government of India (official)
- → Official website of the Labour Department, Government of Sikkim (official)
For informational purposes only — not legal advice. State rules referenced here are subject to change on final notification. Verify current status with our compliance team before acting.