Nur Amalina Bt Aminuddin Baki082012100067

Introduction

Duty of employer? Worker > machine

Worker cannot be permitted to endanger his life and limb while the employer makes a fortune.

Factory Law

To govern the conditions in industry To safeguard the health and welfare of the worker.

Examples of factory laws in India :1) The Factories Act, 19482) The Employees’ State Insurance Act, 19483) Others:

The Mines Act, The Plantation Act, The Minimum Wages Act, The Maternity Benefit Act

The Factories Act, 1948

1881: First Indian Factories Act Revised and amended several times

Factories (Amendment) Act, 1987 Factories (Amendment) Bill, 2014

1) SCOPE : Factory:(i) whereon ten 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 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,-

Worker:a person 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

1) SCOPE : Factory:(i) whereon ten 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 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,- Worker:a person 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

India except Jammu and

Kashmir

2) Health, Safety and Welfare

Chapter III, IV, IVA & VHEALTH:

Cleanliness, Treatment and disposal of

wastes, The elimination of dusts and

fumes, Control of temperature, Supply of cool drinking water

during summer

SAFETY: Casing of machineries, Eyes protection,Precautions against explosives, Maximum weights to be lifted, Safety Officers

WELFARE: Washing facilities, Sitting facilities, First aid, Shelters, Rest rooms, Lunch room, Canteen, Creches, Welfare Officer

3) Employment Of Young Persons

Below 14 years?Adolescent employee

Certified regarding fitness

allowed to work only between 6 A.M – 7 P.M

Restriction on women and child in certain occupations

4) Hours Of Work

Maximum 48 hours per week Not exceeding 9 hours per day

Rest : ½ hour after 5 hours of continuous work.Adolescent: 4 and half hours

Total > 60

5) Leave With Wages

Besides weekly holidayAfter 12 month’s continuous service :

Adult : 1/20 days of work Children : 1/15 days of work

• Accumulated up to 30 days in adults 40 days in children.

6) Occupational Diseases

Obligatory to give information regarding: specified accident which cause death, serious bodily injury occupational diseases.

7) Employment In Hazardous Process

Site Appraisal Committee Chief Inspector and other members, for examination of service conditions of employees

The Employee

s State Insurance Act,1948

ESI Act

Passed in 1948, amended in1975, 1984,1989, 2009, 2010

For social security and health insurance

1) Scope

Extends to whole of IndiaDefines factory as:

All power- using factories other than seasonal factories wherein 10 or more persons were employed ( excluding mines, railway and defence establishment)

2) Administration

Administration: ESI CorporationChairman: Union Minister for LabourVice- Chairman: Secretary to Ministry of

LabourMembers: members of Central and State

governments, employers and employees’ organization, medical profession and Parliament

Standing Committee: executive body for administrations

Medical Benefit Council : relating to medical relief

Head office in New Delhi23 regional office611 branch offices197 cash offices352 inspection offices

3)

Grants from Central and State Government Employer : 4.75 % Employee : 1.75%

Exempted if daily wages below Rs.70

Medical Care expenditure :State government ( 1/8)ESIC ( 7/8)

Reference

K. Park , Textbook of Preventive and Social Medicine, 21st edition.

http://pblabour.gov.in/pdf/acts_rules/factories_act_1948.pdf

http://www.esic.nic.in/Tender/ESIAct1948Amendedupto010610.pdf