FACTORY ACT

In 1833 the Government passed a Factory Act to improve conditions for children working in factories. Young children were working very long hours in workplaces where conditions were often terrible. The basic act was as follows: no child workers under nine years of age.

Adolescent- a person who has completed 16 years but not completed 18 years of age

Adult-a person who has completed 18 years of age

Child– a person who has not completed 16 years age

Young person- a person who is either a child or an adolescent

Relay– where work of the same kind is carried out by two or more sets of worker working during different periods of the day , each of such set

Shift-  where work of the same kind is carried out by two or more sets of worker working during different periods of the day , each of such periods

Day – period of 24 hours beginning at midnight

Week – a period of seven days beginning with the preceding mid night of the day specified as the weekly holiday

Factory – any premises including the precinct thereof where on ten or more workers are working or were working on any day of the preceding 12 months and any part of which a manufacturing process is being carried on with or without the aid of power but does not include a mine

Manufacturing process- means any process

For making , altering , repairing , ornamenting , painting and washing , finishing or packing or otherwise treating any articles or substances with a view to its use , sale , transport , delivery , display or disposal

For pumping oil gas , oil , water sewage or other fluids and slurries

For generating transforming , transmitting power or gas

For constructing , reconstructing , repairing,  refitting , finishing or breaking up ships or vessels

For printing by letter press , lithography or book binding which is carried on by way of trade

Power – means electric energy or any other form of energy which is mechanically transmitted and is not generated by human or animal agency

Machinery-  includes Prime mover, Transmission machinery and other appliances where by power is generated , transformed , transmitted and applied

Prime mover- any  engine , motor or other appliances which generates or otherwise provide power

Transmission machinery- means shaft, wheel , drum pulley, system of pulleys , coupling clutch driving belt or other appliances or device by which the motion of prime mover is transmitted to or received by any machinery or plant

Worker-any person  employed directly or through any agency whether for wages 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 person solely employed in clerical capacity in any room or place where no manufacturing is carried on

Occupier – the person who has ultimate control over the affairs of the factory

Chief Inspector and Inspector

Powers of Inspector

1. Enter with such assistance , as he thinks fit , inspect examine any place – used as factory
2. Require the production of the registers , certificates , notice and documents and inspect examine and copy of any of them
3. Make such examination and enquiry as may be necessary  for the time being in force relating to health and hygiene in respect to a factory and any person employed in a factory
4. Require any person whom he finds in a factory to give such information as it is in his knowledge relating to the actual occupier of the factory
5. An inspector may seize any record , register or other document
6. The occupier of every factory , his agents and servants shall furnish the means required by an inspector

Certifying Surgeon- medical practitioner

1. Examination and certification of young person
2. Examination of person engaged in factories in such dangerous occupation or processes as may be prescribed
3. Such medical supervision as may be prescribed for any factory or class or description of factory

• Cases of illness occurred due to the nature of manufacturing process
• Any change in the manufacturing process- substances
• Young person employed in any work which is likely to cause injury to their health

Health and  Hygiene 

1. ventilation and temperature -52
2. Dust and fume- effective means and exhaust appliances -53
3. Disposal of wastes and effluents -54
4. Artificial humidification- where humidity of the air is artificially increased – must prescribe the standard of humidification , regulating the method , directing prescribed test – for adequate ventilation and cooling of the air in the work room –
5. Cleanliness -51

• Dirt and refuse shall be moved daily
• Floor shall be cleaned at least once a week
• Effective means should be taken for the wet floor
• Wall partition and ceiling must be painted varnished at least once in every five year
• If have smooth impervious surface, be cleaned or white washed and color washed  at least once in every 14th month

Overcrowding- 56

• for every worker 9.5  cubic meter of space
• No more that 4.5 meter above the level of floor

Lighting- 57

• All glazed window , skylight used for lighting should be kept clean
• Prevent the glare from directly from any source of light or by reflection from a smooth or polished surface
• Prevent the formation of shadow – which may cause eye strain or risk of accident to any worker

Drinking water-58

• Shall be marked drinking water in a language understand by the majority of the worker and should be situated beyond the 20 feet distance from any washing place , latrine and urinals
• Where 250 workers are working provision shall be made for cooling the drinking water
• arrangement for oral dehydration therapy

Latrines and urinals- Separate for male and female , adequate light and ventilated , shall be maintained cleaned and sanitary condition – 59

Spittoon-60

Safety 

Safety of building and machinery -61

Precautions in case of fire- 62

1. Means of escape shall be provided-  alternate stair , fire extinguisher
2. Exit from any room shall not be locked or fastened
3. Window door and other exit afford means of escape-  in case of fire – shall be distinctively marked
4. Effective and clearly audible means should be provided
5. A free pass way giving access to each means in case of fire shall  be maintained
6. Where workers are working above the ground floor or explosive or highly inflammable materials are used or stored – effective measure shall be taken
7. all the employee should be familiar with means of escape
8. if 50 or more then fire drill once per year and maintain a record
9. Fencing to machinery- every moving  part of prime movers , fly wheel connected to prime movers , head race or tail race of wheel , any part of stock bar , electric generator , transmission machinery and every dangerous part of machinery 63
10. Work on or near machinery in motion- only the trained adult male worker wearing tight fitting clothing whose name has been recorded in the register prescribed – can handle a belt at a moving pulley – when it is more than 15 cm  in width 64
11. Striking gear devices for cutting off power-65
12. Self-acting machines- can move beyond a distance of 45 cm from any fixed structure which is not part of the machine-66
13. Casing of new machinery- every set screw , belt  revolving shaft spindle wheel pinion shall be encased or effectively guarded as to prevent danger 67
14. Cranes and other lifting machinery- good construction, properly maintained , examined at least once in every 12 months – measure should be taken that crane does not approach within 20 feet of the places employee are working -68
15. Hoists and lifts- good construction, properly maintained , examined at least once in every 6 months , working load shall be mentioned , shall bean enclosure fitted with gate – cannot be opened unless the cage is at landing . Cage cannot be moved unless the gate is closed -69
16. Revolving machinery- mention the maximum safe working peripheral-70
17. Pressure plant- 71
18. Employment of young persons on dangerous machines- unless sufficient training and adequate supervision
19. Prohibition of employment of women and children near, cotton-openers
20. Floors, stairs and means of access- sound construction and properly maintained -72
21. Pits, sumps opening in floors, etc.-73
22. Excessive weights74
23. Protection of eyes- risk of injury to the eyes from particles and  fragment thrown off , exposure to excessive light or heat -75
24. Powers to require specifications of defective parts or tests of stability76
25. Precautions against dangerous fumes-77
26. Explosive or inflammable dust, gas, etc.-78

Welfare 

1. Maintenance of safety record book 90
2. Washing facilities- adequate , screened , clean facilities shall be provided 91
3. Canteens- where more than 100 workers are working 92
4. Shelters, etc.- more that 50 workers are working – separate room for female if 25 – 93
5. Rooms for children- 40  women are working – for the use of children less than 6 years of age- floor 360 sq cm for each and h 360 cm -94
6. First-aid appliances-89
   • First aid boxes or cupboards equipped for every 150 workers ordinarily employed
   • A notice should be fixed in every work room for who is in the charge in first aid box
   • Where 500 workers are working – maintained a ambulance room or dispensary
7. Recreational and educational facilities in tea plantation
8. house building facilities in tea plantation
9. facilities for daily necessities
10. medical care for newspaper employees
11. Group insurance for 200 employee
12. Welfare officers- where more than 500 workers are working

Working hours for adults 

1. Daily working hours- not more than 8 hours in a day overtime not more than 10 hours -100
2. Intervals for rest or meal- for more than 6 hours – 1 hour, for more than five hour at least half an hour , for more than 8 hour 2 half an hour or 1 hour break -101
3. Weekly hours-102

• 48 hours in any week not more than 8 hours in a day
• Including overtime –  60 hours a week , but not 56 hours per week in any year
• Highest overtime -150 hours per year for road transport services

1. Weekly holidays- Sunday or Friday – substitute holiday – but not more than ten days consecutively -103
2. Compensatory weekly holiday -104
3. Spread over- not more than 10 hours and for seasonal one not more than 11 and half hours
4. Night shift- extends beyond midnight
5. Prohibition of overlapping shifts in transport *- not more than one relay -107
6. Extra-allowance for overtime- at a rate of twice of his ordinary wages  -108  average rate for piece worker
7. Restriction on working hours of women – no women to work 10.pm- 6.am -109
8. Restriction of double employment -110
9. Notice of periods of work for adults and preparation thereof-111
10. Special age limit for road transport worker – driver  21 + , other 18+
11. Hours of work correspond with notice and register
12. Closure of shops for 1.3 consecutive  days  and not to remain after 8 o clock -, customer was being served , may be served within thirty minutes 114

     

13. Casual leave – 10 days with full wages ( not carry forward

     

14. sick leave – 14 days with full wages. And newspaper employee with half wages – carry forward – certified by a practitioner

Annual leave with wages

Annual leave with wages

For adult –

1. Plantation – One day for every 22 days of work performed
2. Factory ,  shop , establishment , transport – One day for every 18 days of work performed
3. Newspaper – One day for every 11 days of work performed

For child –

1. Plantation – One day for every18days of work performed
2. Factory , – One day for every 15days of work performed
3. shop , establishment , – One day for every 14 days of work performed

Festival holidays- 11 days with wages

Wages during leave or holiday periods –( 52+11 day festival+ 10 days casual  + 14 days sick + 12 days annual = 98 days in all

Employment of Young person  

• Prohibition of employment of children- no child is allowed to work in factory – 34

1. A young person is allowed to work – if he have certificate of fitness or a token giving references to such certificate
2. No rule is applicable to a young person who is appointed as an apprentice or under vocational training
3. Govt.  may suspend the application

• Prohibition of certain contract with regard to children – no parents or guardian can make contract of employment – 35
• Dispute with regard to age – in the absence of certificate of age – dispute to be resolved by inspector sending to a same registered physician for decision -36
• Certificate of fitness-37 -on the application of any young person or his parent or guardian,, or on the application of the employer of the establishment  in which such person wishes to work, examine such person and ascertain his fitness for work in such factory.
• valid only for the period of twelve months from the date thereof
• fee payable for a certificate under this section shall be paid by the occupier and shall not be recoverable from the young person or his parents or guardian
• Power to require medical examination – 38 – where an inspector
• any person working in a factory without a certificate of fitness is a young person or (b) that a young person  working in a factory with a certificate of fitness is no longer fit to work in the capacity stated therein,
• he may serve on the employer  of the establishment notice requiring that such person  shall not, if the Inspector so directs, be allowed to work in any factory until he has been so examined and has been granted a certificate of fitness or a fresh certificate of fitness as or has been certified by the registered physician  examining him not to be a child or adolescent
• Prohibition of employment of young person in certain job –39  – no young person is allowed to work in any factory to clean , lubricate or adjust any part of machinery while that part in motion or to work between moving parts or between fixed and moving parts.
• Employment of young person on dangerous machines -40
• No young person shall work at any machine unless he has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed, and – has received sufficient training in work at the machine, or  is under adequate supervision by a person who has thorough knowledge and experience of the machine.
• This section shall apply to such machines as may be notified by the Government to be of such a dangerous character that young persons ought not to work at them unless the foregoing requirements are complied with
• No young person shall be employed to any dangerous work
• Working hours for young person -41
• Not more than five hours in any day and thirty hours in a week for factory and mines
• Not more than seven hours in any day and forty two hours in a week for establishments
• Allowed to work between the 7 am to 7 pm
• Inc case of work excess hour
• 36 hours in a week in case of factory and mines
• 48 hours in a week for establishments
• shall be limited to two shifts which shall not overlap or spread over more than seven and a half hours each.
• shall be employed in only one of the relays which shall not, be changed more frequently than once in a period of thirty days.
• The provision for weekly holiday and application of these is also apply to young person
• No child shall be required or allowed to work in any factory on any day on which he has already been working in another establishment
• Prohibition of employment of young person in underground or under water -42
• Notice of periods of work for children. -42
  •  In every establishment in which young are employed, there shall be displayed in the manner laid down, a notice of periods of work for young, showing clearly the periods within which he may be required or allowed to work.
  • The periods shown in the notice shall be fixed beforehand in the manner laid down for adult workers and shall be such that children working on those periods would not be working in contravention
  • The Government may make rules prescribing the form of the notice and the manner in which it shall be maintained.
• Exception of employment of child worker in some circumstances -44
• Any child attaining  the age of twelve may be employed in light work which is not dangerous to his health and development and which will not prevent him from his education
• If the child is school going – his working hours are to determined in such a way that his school going is not hampered
• All rules for young person is applicable for child worker

Maternity and welfare facilities

1. Prohibition of employment of women worker in certain circumstances – 45
2. no employer shall knowingly employ a woman during the 8 weeks immediately following the day of delivery
3. no woman shall work during the 8 weeks immediately following the day of delivery
4. no employer shall employ a woman for any difficult work or for which the woman have to stand for long time or for any work which is harmful to her if he has reason to believe or if she has informed him that she is likely to deliver a child within ten weeks
5. She has to the knowledge of employer – that she delivered a child within the preceding ten weeks
6. Right to and liability for , payment of maternity benefit
7. Procedure regarding payment of maternity  benefit
8. Amount of maternity benefit
9. Payment of maternity benefit in case of the death of a woman
10. Prohibition of dismissal of women in certain cases

Appointment and condition of employment

1. Non-adult workers to carry tokens-  not completed 14 years of age
2. Effect of certificate of fitness granted to adolescents
3. Examination
4. Notice of period of work for children
5. Register of child workers- name, date of birth , nature of work , group , shift , relay
6. Power to require medical
7. Calculation of ‘one year’ or ‘six months’ of continuous service.
8. Right of laid-off workers for compensation
9. Muster-roll for laid-off workers
10. Workers not entitled to compensation in certain cases
11. Conditions of retrenchment
12. Procedure for punishment
13. Termination of employment
14. Provident Fund
15. nCertificate of service
16. Protection of existing conditions of employment
17. Power to exempt
18. Eviction from residential accommodation
19. Grievance procedure
20. Penalty for non-complaisance of Court’s order under section 25.Penalties and procedure
21. Display of notice of abstracts of the Act
22. Liability of employer
23. Chief Inspector and Inspectors

The industrial relation ordinance 

Definitions: Arbitrator, Award, Collective bargaining agent, Conciliation proceedings, Director of Labor, Employer, Establishment, Executive, Illegal lock-out, Illegal strike, Industrial dispute, Industry, Labor court, Lock-out, Organization, Officer, Prescribed, Public utility service, Registered trade union, Registrar, Rule, settlement, State-owned manufacturing industry, Strike, trade union, Tribunal, Worker and work men.

• Trade unions and freedom of association
• Application for registration
• Requirements for application
  • A statement showing
    • Name of the trade union,
    • Date of formation,
    • The titles, names, ages, addresses and occupations of officers,
    • Statement of total paid membership
  • Three copies of constitution of the trade union
  • Copy of the resolution
• Requirements for registration
  • Name and address
  • Objects
• The manner in which a worker may become a member of a trade union and sources of fund
• Benefit under membership
• Maintenance of a member list
• Maintenance of a list that facilities are to be provided
• Manner of constitution amendment
• Safe custody of funds of the union
• Manner in which the trade union may be dissolved
• Manner of election of officers by general body of the union
• Procedure of expressing want of confidence
• Meetings of the executive and general body of the trade union
• Disqualification for being an officer or a trade union
• Registration
• Certificate of registration
• Cancellation of registration
• Appeal against cancellation
• Registration on dual membership
• Registrar of trade unions
• Powers and functions of Registrar
• Incorporation of registered trade union.
• Arbitration
• Strike and lock-out
• Strike or lock-out in public utility services
• Application to labor court

Labor Court

• Labor court
• Procedure and powers of labor court
• Awards of decisions of labor court
• Labor appellate tribunal
• Settlement and awards on whom binding
• Effective date of settlement, award etc.
• Commencement and conciliation of proceedings
• Raising industrial disputes
• Prohibition of serving notice of strike or lock-out while proceedings pending
• Power of labor court and tribunal to prohibit strike etc.
• Illegal strikes and lock-outs
• Payment in advance in certain case- not more than four days for adult and 5 days for child
• Power of Inspector to act for workers
• Register of adult workers and supply of ticket and cards

Employment of young person 

• Prohibition of employment of children
• Non-adult workers to carry tokens-  not completed 14 years of age
• Certificate of fitness
• Effect of certificate of fitness granted to adolescents
• Working hour for children
  • Not more than five hours in any day
  • Between the 7 am to 7 pm
  • Spread over not more than 7 and half hours
• Notice of period of work for children
• Register of child workers- name , date of birth , nature of work  , group , shift , relay
• Power to require medical examination

THE EMPLOYMENT OF LABOR (STANDING ORDER) act, 1965.
Definitions:

Commercial establishment;  Industrial establishment; Shop;

Stoppage of work.- the employer may at any time in the event of fire , catastrophe or breakdown of machinery , or stoppage of power supply epidemics or other cause beyond the control , stop any section or sections of the shop CE,IE

Go-slow; an organized deliberate purposeful slowing down of normal output of work by a body of workers in a connected manner which is not due to the mechanical defect , break down of machinery , failure or defect in power supply  or in the supply of normal materials and spare parts of machinery

Lay-off; – failure refusal or inability of an employer on account of shortage of coal , power or raw material or the accumulation of stock or break down the machinery or for any other reason to give employment to a worker whose name is in master rolls

Retrenchment – termination by the employer oof service s of worker not a measure of punishment inflicted by way of disciplinary action , but on the ground of redundancy

Discharge;  – termination of services of a worker by the employer for reason of physical or mental in capacity or continued ill health of the worker or such other similar reason not amounting to misconduct

Dismissal; termination of services of a worker by the employer for misconduct

Worker

Employer; a person , a body of person or body corporate , company or institution , managing a shop , CE, IE or their hiers , succesors – manager , local authority ,CEO, director, manager, secretary

Worker- any person employed in any shop IE,CE to do any skilled , unskilled , manual , technical , trade promotional or clerical work for hire or reward , with implied or expressed terms of employment – but not in a managerial or supervisory capacity

Classification of workers and period of probation

Apprentice; -a learner who is paid an allowances during the period of his training

Badli;- a worker who is appointed in the post of permanent worker or a probation who is temporarily absent

Casual worker- a worker whose employment is of casual nature

Permanent worker;- a worker who has been engaged in permanent basis or who has satisfactorily  completed the period of his probation

Temporary worker; worker who has been engaged in work  which essentially temporary nature had is likely to be finished within a limited period

Probationer;- a worker who is provisionally employed to fulfill a permanent vacancy in a post and has not completed the period of his probation

Calculation of ‘one year’ or ‘six months’ of continuous service.

1. Right of laid-off workers for compensation
2. Muster-roll for laid-off workers
3. Workers not entitled to compensation in certain cases
4. Conditions of retrenchment
5. Procedure for punishment
6. Termination of employment
7. Provident Fund