THE FACTORIES ACT1948

WORKING HOURS OF ADULTS

• The rules as to the regulation of hours of work of adult workers in a factory and holidays are as follows-

1. Weekly hours (sec 51)

2. Daily hours (sec 54)

3. Intervals for rest (sec 55)

Spreadover(sec 56) Night shifts (sec 57) Prohibition of overlapping shifts(sec 58)

I. Extra wages for overtime (sec 59)

• Wages at twice the ordinary rate.• Ordinary rate of wages.• Workers paid on piece rate basis.• Cash equivalent of the concessional sale of food

grains and other articles.• Rule making powers of the state government

Notice of periods of work for adult workers(sec 61)

– Notice to be displayed at some conspicuous place.– Period to be fixed beforehand.– Form of notice of period of work.

• Register of adult worker(sec 62 and 63)• The manager of every factory shall maintain a register of adult

workers showing-

1. The name of each adult worker in the factory,

2. The nature of his work,

3. The group, if any, in he is included,

• Where his groups works on shifts, the relay to which he is allotted, and

• Such other particulars as may be prescribed.

HOLIDAY

• Weekly holiday (sec 52)

• Compensatory holiday (sec 53)

EMPLOYMENT OF WOMEN

• All the provisions of the Factories Act regarding employment and work of adult male workers apply to adult female workers except the following provisions which apply to adult female workers only –

– Work on or near machinery in motion { sec 22(2)}– Prohibition f employment near cotton openers (sec 27)– Crèches (sec 48)– Working hours (sec 51 and 54)– Restriction on employment of women (sec 66)– Dangerous operations {sec 87(b)}

Employment of Young person

– Certificate valid for 12 months.– Revocation of certificate of fitness– Fee payable by the the employer– Effect of certificate of fitness

4. Working hours and notice of periods of work for children (Sec 71 & 72)– Working hour limited to 4-1/2 hours. {Sec 71 (1)}– Period of work of children limited to 2 shifts. {Sec 71(2)}– Child workers entitled to weekly holidays. {Sec 52}– Prohibition if the child worker has already been working in another

factory. {Sec 71(4)}– Female child to work only between 8 A.M. to 7 P.M. {Sec 71(5)}

– Display of notice of work of child workers.– Fixation of periods of work beforehand. {Sec 72(2)}

5. Register of child workers. (Sec 73)

6. Power to require medical examination (Sec 75)

7. Power to make rules

8. Safety provisions for young person.

ANNUAL LEAVE WITH WAGES

Secs 78 to 84 { Chapter VIII) provide for the grant of a certain period of leave with wages to workmen

Rules relating to annual leave with wages •Leave entitlement- one day for every 20/15 days of work performed in case of adult/child. {Sec 79(1)}•Computation of period of 240 days.{Sec 79(1) & (2)}•Discharge, dismissal, superannuation, death or quitting of employment.•Treatment of fraction of leave. {Sec 79(4)}

• Treatment of unavailed leave. {Sec 79(5)}• Application for leave to be made in writing within a specified

time. {Sec 79(6)}• Application for leave covering a period of illness may not be

made within the specified time. {Sec79(7)}• Scheme for the grant of leave. {Sec 79(8)}• Display of scheme for for grant of leave. {Sec 79(9)}• Refusal of leave to be in accordance with scheme.

{Sec79(10)}• Payment of wages to worker for leave period if he is

discharged or if he quits the service. {Sec 79(11)}.• Unavailed leave not to be taken into account while computing

period of notice. { Sce 79(12)}

Wages during leave period. (Sec 80)•For the leave allowed to a worker he shall be entitled to wages at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the month immediately preceding his leave.

•In the case of a worker who has not worked on any day during the calendar month immediately preceding his leave, he shall be paid at a rate equal to the daily average of his total full time earnings of the days his leave in which he actually worked.

• Other provisions of Chapter VIII

– Payment in advance in certain cases (Sec 81)– Mode of recovery of unpaid wages (Sec 82)– Power to make rules (Sec 83)– Power to exempt factories. (Sec 84)

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