3.3.6 Labour Legislation 100 MarksCourse Content1. Factories Act.2. Shops & Establishment Act.3. Payment of Wages Act.4. Minimum Wages Act.5. ESI Act.6. Workmen’s Compensation Act7. Payment of Bonus Act8. Gratuity Act9. Provident Fund Act & Misc Provision Act.10. Industrial Dispute Act.11. Industrial Employment Standing Orders.12. Contract Labour (Regulation & Abolishing)13. MRTU & PULP.14. Apprenticeship Act

Factory Act

Session No. 1

Object of the Act

• to regulate the conditions of work in manufacturing establishments.-

• health,• safety and• welfare of workers inside factories, • the hours of work, • the minimum age of workers, • leave with pay etc.

History of Factory Act

1. Great Britain passed in 1937.2. 1881- The first Act, in India, 3. 1891, 4. 1911, 5. 1922,6. 19347. and 1948

FACTORIES ACT, 1948

A Comprehensive law for the persons working at a

specific domain – factories.

Regarded as one of the Benevolent, Noble and a

Comprehensive Labour Legislation which is in

force in our country.

Covers significant issues relating to the persons

employed in factories.

Secures - Safety

Health

Welfare

Regulates - Working Hours

Ensures - Annual leaves with wages

Provides - Additional protection from hazardous

processes

Additional protection to women workmen

Prohibition of employment of

children

FACTORIES ACT, 1948

APPLICATION OF THE ACT

• Came into force on 1st April 1949;

• It applies to factories, as defined in and the, all over India,

• Including the state of Jammu and Kashmir.

• Unless otherwise provided, the Act is applicable to all Factories

viz., Private, State, Central, Government, Local Bodies etc.,• Under Section 85, the State Government is empowered to

declare any establishment carrying on a manufacturing process

Not Applicable to

• mine – the Indian Mines Act, 1952 (Act XXXV of 1952), or

• a mobile unit belonging to the armed forces of the Union,

• a railway running shed or• a hotel, restaurant or eating place.

DEFINITIONS

• Factory. • Section 2 (m) – "Factory means any premises including the precincts

thereof- .– (i) whereon ten or more workers are working, or were work

ing on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power or is ordinarily so carried on, or

– (ii) whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on.

Manufacturing Process. • Manufacturing Process.-1. making, altering, ornamenting, finishing, packing, oiling, washing, cleaning,

breaking up, demolishing, or otherwise treating or adopting any article or substance with a view to its use, sale, transport, delivery or disposal; or\

2. pumping oil, water, sewage or any other substance; or generating, transforming or transmitting power; or

3. composing types for printing, printing by letter press, lithography, photogravure or other similar processes or book binding ; or

4. constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels ; or

5. preserving or storing any article in cold storage.

6. laundries, ,carpet beating, or bottle washing , if mechanical power is used.

Cont..

• The scraping out of salt and grading them, even though done by, manual labour, is a manufacturing process.

• bidi-making; conversion of raw-films into finished products

Worker

• ."-Sec. 2(1), as amended in 1976. –• "Worker means a person employed, directly or by or

through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected 'with, the manufacturing process" or the subject of the manufacturing process but does not include any member of the armed forces of the Union

Power

• Sec. 2(g).• "Power means electrical energy, or any other

form of energy which is mechanically transmitted and is not generated by human or animal agency."--

Cont…

• Adult. "Adult means a person who has completed his eighteenth year of age".--Sec. 2(a). Adolescent. "Adolescent means a person who has completed his fifteenth year of age but has not completed his eighteenth year.“ Sec. 2(b).

• Child. ''Child means a person who has not completed his fifteenth year of age." --Sec. 2 ( c) ..

definition

• Shift and Relay. Where work of the same kind is carried out by two or more sets of workers working during different periods of the day, each of such sets is called a "relay" and each of such periods is called a "shift."-Sec. 2(r).

• Occupier. "Occupier" of a factory means the person who has ultimate control over the affairs of the factory, and where the said affairs are entrusted to a managing agent, such agent shall be deemed to be the occupier of the factory.--Sec. 2(n).

THE INSPECTI0N STAFF

– Inspectors,– Chief Inspectors of Factories– Additional Chief Inspectors, – Joint Chief Inspectors and– Deputy Chief Inspectors.– Every District– Magistrate is an Inspector for his district

Powers of Inspectors• . Section 9

• (a) enter, with such assistants, being persons in the service of the Government or any local or other public authority, as he thinks fit, and place which is used, or which he has reason to believe is used, as a factory ;

• (b) make examination of the premises, plant and machinery; • (c) require the production of any prescribed register and any other

document relating to the factory, and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of the Act; and

• (d) exercise such other powers as may be prescribed for carry ing out the purposes of this Act.

PROVISIONS REGARDING THE HEALTH OF WORKERS

1. Cleanliness.

2. Disposal of wastes

3. Ventilation 'and Temperature.

4. Dust and Fume.

5. Artificial humidification.

6. Over Crowding.

7. Lighting.

8. Drinking water.

9. Latrines and Urinals.

PROVISIONS REGARDING THE SAFETY OF WORKERS

• 1. Fencing of machinery. • 2. Work on or near machinery in motion. • 3. Employment of young persons on dangerous

machines. • 4. Striking gear and devices for cutting off power. • 5. Self-acting machines• 6. Casing of new machinery. • 7. Women and children near cotton Openers.

Cont….• 8. Hoists, lifts, chains etc• 9. .Revolving machinery• 10. Pressure plant.• . 11. Floors, stairs and means of access.• 12. Pits, sumps. openings in floors etc. • 13. Excessive weights• 14. Protection of eyes. • 15. Precautions against dangerous fumes.• 16. Explosive or inflammable gas etc. • 17. Precaution in case of fire• 18. Specifications of defectives etc. and safety of buildings and

machinery. • 19. Maintenance of Buildings• 20. Safety Officers..

PROVISIONS REGARDING THE WELFARE OF WORKERS

• 1. Washing

• 2. Storing and drying of wet cloths-

• 3. Sitting

• 4. First aid facilities.

• 5. Canteens.

• 6. Shelters, rest room and lunch room.

• 7. Creches.

• 8. Welfare officers.

• 9.. Rules

THE WORKING HOURS OF ADULTS

 

1. Weekly Hours.

2. Daily Hours.

3. Weekly holiday-

4. Intervals for Rest.

5. Spread over

6. Holiday for night shift

7. Overlapping shift

8. Double employment

9. Notice of period of Adult work

RESTRICTIONS ON THE EMPLOYMENT OF WOMEN

(a) Maximum daily work- 9 hours: (b) prohibition of night work -(c) Change of shift-Other restrictions:

1. Work on or near machinery in motion

2. Cotton openers

3. Excessive weights.

4. Creches.

5. Dangerous operations.

EMPLOYMENT OF YOUNG PERSONS

1) Employment of Children

2) Employment of adult scent-

1) Fitness certificate

2) Register of Adult scent

CHILD-LABOUR

• prohibits the making of agreements to pledge the labour of children and the employ ment of children whose labour has been pledged.

• The Children Act of 1938, 1960 and 1978 –– prohibit the employment of a child who has not completed his fifteenth

year of age in any occupation connected with the transport of passengers, goods or mails by railway or con nected with a part authority Within the limits of any part.

– The Act also prohibits the employment of a child, who. has not completed his fourteenth year of age, in the processes set forth in the schedule to the Act.

– Children between 15 and 17 can be employed subject to certain restrictions as regards their periods of rest etc

HOLIDAYS AND LEAVE

• Weekly Holidays. – the first day of the week. – notice of substitution

• Compensatory Holidays. • Annual Leave with Wages.

– leave with wages to workmen

– a period of 240 days or more in a factory during a calendar year

– (i) if an adult, one day for every twenty days of work per formed by him during the previous calendar year;

– (ii) if a child, one day for every fifteen days of work performed by him during the previous calendar year.

Rules regarding the Annual Leave• Maternity leave –

– not more than 12 weeks

• Case of discharged or dismissed, quits or dies• Fraction of leave for half a day • leave earned, but not taken• Time limit for submission of application

– Not less than 15 days – in the case of public utility service

• Not less than 30 days before such date. • If a worker becomes ill .

• Frequency of leave-– Not be taken more than three times during the same year. .

• Continuity of work- – 'works committee– Lodged with the chief inspector and displayed in the factory. .

Wages during Leave Period

• equal to the daily – exclusive of any overtime and bonus, but inclusive of dearness

allowance and the cash equivalent of the advantage accruing through the concessional sale to the worker of food-grains and other articles.

– terminated by the –• the second working day after such termination

EXTRA WAGES FOR OVERTIME

• more than 48 hours in any week

– rate of twice his ordinary rate of wages.-Sec 59(1)

– on a piece rate basis

– New worker

OBLIGATIONS OF WORKERS

(a) shall wilfully interfere with or misuse any appliance, convenience or other things provided in a factory for the purpose of securing the health, safety or welfare of the workers therein,

(b) shall wilfully and without reasonable cause do anything likely to dendanger himself or others; an

(c) shall wilfully neglect to make use of any appliance or other thing provided in the factory for the purposes of securing the health or safety of the workers therein.