LABOUR IN FACTORIES

Factories Act,1934.This Act may be called the Factories Act,

1934.It extends to the whole of Pakistan [sec. 82]It shall come into force on the 1st day of

January 1935.

APPLICABILITY

THIS ACT IS APPLICABLE TO ALL THE PROVINCES OF PAKISTAN

DEFINITIONSAdolescent : A person who has completed his 15th year

but has not completed his 17th year.Adult : A person who has completed his 17th year.

Child : A person who has not completed his 15th year.

Day : A period of 24 hours beginning at mid-night.

Week : A period of 7 days beginning at mid-night on Saturday night

(cont..)Power : means electric energy, and any other form of

energy which is mechanically transmitted and is not generated by human or animal agency.

Manufacturing process : means any process for making :

• Altering• Repairing • Ornamenting,• Finishing or packing

(cont..)Worker : mean a person employed directly or through an

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.

Factory : mean any premises including the precincts thereof, where 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 or is ordinarily carried on whether with or without the aid of power but does not include mine, subject to the operation of Mines Act, 1923.

(cont….)Machinery : include all the plants whereby power is generated,

transformed, transmitted or applied.

Occupier : of a factory means the person who has ultimate control over the affairs of the factory: Provided that where the affairs of a factory are entrusted to a managing agent, such agent shall be deemed to be the occupier of the factory .

Relay & shift : 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 the period or periods for which it works is called a "shift"

Prescribed : means prescribed rule made by the Provincial Government under this Act.

TYPES OF FACTORIES

1) ORDINARY FACTORY

2) SEASONAL FACTORY

Ordinary factory

Any factory in which manufacturing process ordinarily carries on for more then 180 days in a year, not to be a seasonal factory.

SEASONAL FACTORY

Work within particular season

Engaged in manufacturing process like Cotton , tea , sugar , Coffee .

Require to work more than 180 days to declare as regular factory [ Sec.4]

Notice to inspector The occupier of a factory must, at least 15 days before the work begin in any seasonal factory, send to the inspector a written notice containing the following particulars :

1. Name and situation of factory

2. Communication address

3. Nature of manufacturing

4. Nature and amount of power

5. Name of manager

THE INSPECTION STAFF

Appointed by Provincial Government.

District Magistrate works as an Inspector.

The Inspector can exercise his power within his district.

POWER OF INSPECTOR

Under [ Sec 10-11] the power of Inspector are :

1. He can enter with assistant any place which is used as a factory.

2. He can examine the premises, plant and any prescribed registers.

3. He can take on the spot or otherwise such evidence of any person as may be necessary.

Certified Surgeon The Provincial Government may appoint a registered

medical practitioners as certified surgeon for the local limits as it may assign to them.

Following are the duties of certified surgeons : [ Sec.12]o The examination and certification of young persons.o The examination of persons engaged in factories in

dangerous occupations or processes.

Safety of Workers Precautions against Fire Machinery in Motion Employment on Dangerous MachineFloor, Stairs and Means of AccessExcessive Weights Protection of Eyes Safety of BuildingProhibition of Children Appeals Shelters for Rest

Wo r k i n g H o u r s o f A d u l t s Daily hours : An adult worker shall allowed to

work in a factory for not more than 9 hours a day. And 10 hours a day for seasonal factory. [Sec.36]

Weekly hours : A worker shall not be allowed to work for more than 48 hours in a week and for seasonal factory 50 hours in a week shall be allowed to work for male adult worker. [Sec. 34]

Intervals for rest : If work continues for 6 hours than after that interval for one hours is given

o If the work continues for hours in shifts than after every 5 hours 30 minutes two intervals must be give to a worker. [Sec 37]

Cont…Double employment: An adult worker is not allowed to

work in another factory except under few specified circum stances ( sec 48)

Over Time: If a worker has worked for more than 9 hours in day or 48 hours in a week he shall be entitled to overtime pay at the rate twice his ordinary rate of pay. [Sec.47]

Child worker

No child who has not Completed his 14th year shall be allowed to Work in any factory.

Not be allowed to work for More than 5 hours in a factoryNo child shall be allowed to work Except between 6a.m to

7p.mChildren's are not allowed to work on any cotton Opener., or

can not work on dangerous machines. Proper register should be maintained for children

Working hours of Women Worker

Women workers shall not be allowed to clean, lubricate, or adjust any part of machinery [Sec. 27(2)]

They are not allowed to work in a place where cotton opener is at work [Sec. 32]

A women shall not be allowed or required to work for more than 9 hours in a day [ Sec. 36]

A women shall be allowed to work between 6a.m to 10p.m provided that transport is available (sec45)

A separate room for use of women where 50 or more women worker is working [Sec.33-2(q)]

Holidays with PayAnnual holidays: A Worker who has completed 12 months continues

services allowed for 14 days consecutives holidays with full pay (sec49)

Casual Leave: Every worker shall be entitled casual leave for 10 days in a year

Sick leave: Sixteen days sick leave on half average pay in a year.

Festival holidays: Every worker shall be allowed with pay and all declared festival holidays by provincial government.

Compensatory Holidays: When a worker is deprived of any of the weekly holidays he shall be allowed holidays of equal number to the holidays so lost (sec 35A)

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