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Centered on the responsibility of a Factory Manager,
Personnel/ HR Manager or self employed Entrepreneur.
Attention has not been made wherever the employer has
nothing to do with the provisions but has only to follow the directions of the
appropriate govt.
THE FACTORIES ACT,
1948
Act which makes it obligatory on the part of the employer to
provide for the health, safety and welfare of the workers employed.
Act extends to the whole of India.
Applies to every factory wherein 10 or more workers are or
were employed, if run with power and 20 or more workers are or were employed,
if run without power.
Application to factories with fewer workers u/s 85
PROVIDES for
Hours of work (adult) not to exceed 48 hours in a week or 9
hours in a day.
Payment of Overtime wages for overstay at workplace @ twice
the ordinary rate of wages.
** Provision
relating to hours of work not applicable to supervisory staff.
Weekly Holiday: No work for more than 10 days without a day
of rest.
Intervals of rest: half an hour for 5 hours of work
No child (who has not attained the age of 15 years) be
permitted to work.
Prohibition of employment of Women: No woman shall be
employed in any factory for more than 9 hours in any day or between 7 pm and 6
am.
Factories Act now allows women to work night shifts PROVIDED
adequate safeguards in the factory as regards occupational
safety and health, equal opportunity for women workers, adequate protection of
their dignity, honor and safety and their transportation from the factory
premises to the nearest point of their residence" are made.
Leave with Wages
@ 1day for every 20 days provided -----
240 days
of work during preceding year.
Days of lay off, paid holidays or leave days considered
Encashment of unavailed leave: Encashable at the present
rate of wages.
The occupier (Employer) to maintain a register – LEAVE WITH
WAGES REGISTER- in FORM 15
Provide each employee a Leave Book- thick bound sheet- in
FORM 16 (with similar entries as in Form 15)
Provide each worker an Attendance Card in form 28 showing
the particulars of employment
* shall be
substituted by Electronic cards
EMPLOYER TO KEEP THE
FACTORY PREMISES CLEAN
white washing at least once in every 14 months
repainting or revarnishing every 5 years
ensure proper disposal of wastes and effluents
Record the dates on which white washing, painting or
varnishing done in a register in FORM 7.
Ensure provision of sufficient number of Latrines and
urinals – separate for gents and ladies
Ensure spittoons are provided at adequate places.
Ensure workplace has adequate ventilation
Avoid overcrowding – ensure 500 cubic feet of space for
every worker without reference to any space which is more than 14 feet above
the level of the floor of the room.
Ensure proper lighting- artificial or natural or both.
Ensure supply of uninterrupted supply of Drinking Water.
Where the no.
of workers is more than 250, provision for cold water in every lunch room, rest
room and canteen shall be ensured.
EMPLOYER TO ENSURE
SAFETY OF WORKERS
Fencing of Machines and Moving parts of machines – spindles,
gears, pulleys, belts etc
Protection of eyes using screens or goggles from excessive
light or infra-red or ultra violet radiations
Precaution in case of Fire.
No woman or young person shall, unaided by another person,
lift, carry or move by hand or head any material or tool exceeding the maximum
limit prescribed.
* Adult male 75 Kgs
* Adult
female 30 Kgs
* Adolescent
male 30 Kgs
* Adolescent
female 20 Kgs
Safety Officer: Appoint a Safety Officer wherein 1000 or
more workers are employed.
EMPLOYER TO LOOK AFTER THE WELFARE OF EMPLOYEES
Washing facility separately for women and men
Separate rooms for men and women for drying of clothes
Separate rest rooms for men and women
First Aid boxes equipped with prescribed medicines
Ambulance room where 500 or more are employed
Canteen for use of workers where 250 or more are employed
(150 under Plantation Labour Act)
Lunch room where 150 or more are employed
Crèches where 30 or more women are employed
Appoint WELFARE
OFFICER (S) where 500 or more are employed (300 under PLA)
The duties,
qualification and conditions of service of such welfare officers shall be in
accordance with the rules of the respective State Govt.
NOTICE OF DANGEROUS
OPERATIONS REGISTERS TO BE MAINTAINED
Attendance Register/ Muster roll in form 25
Register of Adult Workers in form 12
Record of Lime washing, painting etc in form 7
Register of Compensatory Holidays in form 9
Overtime Muster roll for Exempted workers in form 10
Register of Leave with Wages in form 15
Health Register in form 17 (in respect of persons employed
in occupations declared to be dangerous operations u/s 87)
Register of Accidents and Dangerous Occurrences in form 26
Particulars of Rooms in the factory in form 35.
RETURNS TO BE SENT TO
APPROPRIATE AUTHORITIES
Notice of accidents and dangerous occurrences resulting in
death or bodily injury in form 18 (similar to the one to be sent ESI Local
Office under the ESI Act)
Half yearly returns in form 22
Annual returns in form 21
Notice of change of Manager in form 23
Details of closure in form 32
Report of examination of Pressure Vessel or Plant in form 8
Report of examination of Water sealed Gas holder in form 38
Report of Examination of Hoist or Lift in form 41
Certificate of Fitness for Dangerous Operations in form 39
THE INDUSTRIAL EMPLOYMENT (STANDING ORDER) ACT, 1946
Defines the terms and conditions of service between the
employer and his employees.
Applies to every industrial establishment wherein 100 (in
some States 50)or more workers are employed
The Act extends to the whole of India
SIGNIFICANCE
Terms of appointment order issued to an employee cannot
circumvent the provisions of certified standing order. Therefore, it is always
desirable to get standing orders drafted and certified as it regulates the
relationship between the employer and the employee.
Standing Order drafted shall provide for
Date on which the standing orders shall come in to force and
shall remain in force
Definitions
Classification of workmen as Permanent, Probationer, Badlis,
Casual and Trainees
Obligations –
not to carryon any other business for gain or to take
admission in educational institution without permission
to observe strict secrecy of company matters
not to take photographs, drawing or documents of the process
of manufacture of the company
not to carry any lethal weapon, explosive or article
dangerous to life or property
to follow safety rules in force
to inform any change in the address etc
Medical examination and aid in case of accident
Identification of workmen and issue of Identity cards
Working time for different categories of workmen
Record of age, qualification and experience
Entry, exit and liability for security checking
Shift working and weekly off
Attendance and late coming
Methods of applying for different kinds of leave and
extension of leave
Action for unauthorised absence
National and festival holidays
Transfer
Apprehension of danger to the safety and security of factory
and its personnels
Date of payment of wages/ salary
Overtime wages
Increment and promotion
Stoppage, closing or lay off of establishment and strike
Resignation – notice or payment in lieu of notice to be
given
Termination of employment and notice or payment in lieu of
notice required to be served or made
Deduction from wages for fine imposed or absence from duty
or loss caused to the property and recovery of employees contribution to
schemes like EPF, ESI and Labour Welfare fund
Age of superannuation
Grievance procedure
Disciplinary action for misconduct
Punishment for misconduct and procedure for imposition of
punishment
Service of notice
Issue of service certificate
Amendment of Standing order
Exhibition of Notices – as whether if put in the Notice
Board or not
THE MATERNITY BENEFIT ACT, 1961
The Act extends to the whole of India
Applies to every
factory, shop or establishment
Woman entitled to maternity benefit not withstanding the
application of the Employees State Insurance Act, 1948
Employer to ensure……
No woman works during the six weeks immediately following
the day of her delivery or her miscarriage
No woman does any arduous work during the period of ten
weeks from the expected date of delivery
Not to discharge or dismiss a woman during her pregnancy
Eligibility
Work of 80 days in the 12 months immediately preceding the
date of delivery.
Leave days & lay
offs taken as worked.
Benefit
12 weeks leave of which not more than 6 weeks shall precede
the date of her expected delivery
The benefit to be paid @ average rate of wages for the three
months preceding her maternity leave
In case of miscarriage, 6 weeks leave with pay at the same
rate as applicable to maternity benefit.
THE MINIMUM WAGES ACT, 1948
AN ACT TO PREVENT “SWEATED LABOUR AND EXPLOITATION OF
LABOUR”
The Act extends to the whole of India
Requires the Central and State Govt. to fix minimum rates of
wages in certain scheduled employment.
Minimum wages fixed REVISED from time to time
Responsibility of the Employer to follow the directions and
fix wages of the workers at the rate not less than the one fixed
to maintain Register of Wages in form XI showing
rate of wages
payable,
actual amount
paid,
attendance &
overtime,
deductions for
EPF, ESI and other,
net amount paid,
date of payment
and
signature of
respective employee.
Wages slip in form XIII showing the above details to be
given to every employee.
THE WORKING
JOURNALISTS (FIXATION OF RATES OF WAGES) ACT, 1958
Provides for the fixation of wages in respect of Working Journalists and for matters connected therewith
Provides for the fixation of wages in respect of Working Journalists and for matters connected therewith
PAYMENT OF WAGES ACT, 1936
An Act to regulate the payment of wages to certain classes
of persons
Extends to the whole of India
Responsibility of payment wages rests with the employer
Employer to fix Wage Period
No wage period shall exceed one month.
Time of Payment of wages
7th day of wage month where less than 1000 are working
10th day where more than 1000 are working
No payment in KIND
Permissible deduction from Wages
fines
for absence from duty
for damage caused to the property of the employer
for the amenities provided, like house accommodation
for recovery of advance or adjusting over payment of wages
towards EPF, ESI, Labour Welfare Fund and similar deductions
permitted under any Act or the Standing Orders of the establishment
for Life Insurance/ general insurance policies and Housing
loan.
The Kerala Payment of Subsistence Allowance Act, 1972
Act to provide for the payment of subsistence allowance to
the employees during the period of suspension
Extends to the whole of Kerala
Suspension
Any interim decision of an employer debarring an employee
temporarily from attending his office
Payment of Subsistence Allowance
50% of wages for the first ninety days of suspension
75% of wages for the period beyond ninety days
Full wages for the period beyond one hundred and eighty days
Not eligible for Subsistence Allowance
An employee placed under suspension not entitled for
subsistence allowance if he accepts employment during the period of suspension
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