HR Presentation:Factories ACT

Shops & establishments ACT

Kartikeya PandeyMBA IFM

500021353

Presentation on

Factories Act, 1948

an overview of

FACTORIES ACT, 1948

OBJECTIVES• TO SECURE SAFETY OF THE PERSONS;

•TO SECURE HEALTH OF THE PERSONS FROM HAZARDOUS OCCUPATION/PROCESSES;

• TO ENSURE PROTECTION FROM HAZARDOUS EQUIPMENT;

• TO ENSURE SOUND WORKING ENVIRONMENT;

• TO ENSURE WELFARE OF THE PERSONS;

• TO PROTECT THE ENVIORNMENT;

Ensures - Annual leaves with wages

Provides - Additional protection from hazardous processes

Additional protection to women workmen

Prohibition of employment of children

FACTORIES ACT, 1948

FACTORIES ACT, 1948

• Provisions envisaged are based on :

- Indian laws, conventions and recommendations

- Constitutional Provisions

Fundamental Rights

Directive Principles

APPLICABILITY

• Limited jurisdiction – applies to “Factories”

• Premises where 10 and more workers;

• Manufacturing process, Power

• Premises where 20 and more workers;

• Manufacturing process; No power

• Act empower state government to declare all or any of the provisions of the act to apply to any place with an objective to secure safety, health and welfare or workmen even though the workers strength is less than the above cited conditions.

HEALTH

• Cleanliness

• Disposal of waste and effluent

• Dust and fumes

• Over crowding

• Lighting (at the place of work / at the place of movement)

• Drinking water

• Latrine and urinals

• Ventilation and temperature (reasonable condition of comfort)

SAFETY

• Fencing of machinery (transmission machinery / dangerous rotating parts)

• Lifting machines/ tackles

• Pressure plant

• Floors, stairs and sumps

• Excessive weights

• Protection of eyes (risk of injury – particle fragments / risk of injury – exposure to light)

• Precautions in case of fire

• Safety of building and machinery

• Power to prohibit on account of serious hazard, imminent danger

ANNUAL LEAVE WITH WAGES

One day for every twenty days

Eligibility :

• 240 days in a calendar year – his/her service is from beginning of the calendar year;

• 2/3rd of the calendar year – his/her service begins in the middle of calendar year

• Issue of leave books

• Maintain registers

• Any discharge / dismissal – benefit shall be settled immediately.

FACTORIES ACT – WOMEN WORKERS

• Prohibits the employment of women from 7 pm to 6 am.

• Prohibits overtime work

• Act permits the Government to notify the factories to employ women workers up to 10pm with conditions

• Government has notified 15 categories of factories under 2 notifications;

FACTORIES ACT – WOMEN WORKERS

• The conditions are

• Written consent

• Free transport upto their residence

• 9 hours of rest after completion of work to the fresh period of work in the following day

• No overtime work

Act bars employment of women workers from 10 pm to 5 am totally.

• Act bars employment of women to clean, lubricate any part of the equipment

• Act bars employment of women workers in hazardous processes

FACTORIES ACT – CHILD LABOUR

• Bars the employment of persons below the age of 14

• Act permits the employment of child and adolescent to work in factories subject to condition of obtaining certificate of fitness from the certifying surgeon.

Child – more than 14 and less 15;

Adolescent – more than 15 and less than 18

• Working hour for child is four and half hour per day

• Double employment of child is prohibited

• Working hours for adolescent is as that of adult.

• Act bears employment of child and young persons on dangerous machines – power press, hydraulic, presses, milling machine, guillotine machine

• Act bars employment of child and adolescent on dangerous manufacturing processes

ACCIDENT, DANGEROUS OCCURRENCES AND DISEASES

Accidents

• Requires reporting to the Inspector

• Investigated within one month

• To find out causes

• Any violations requires legal action

Fatal

Non fatal

STATISTICS OF THE STATE

1. Total No. of Factories registered : 10,300

2. Total No. of beneficiaries : Around 10 Lakhs

3. Industries involving hazardous processes : 800

4. MAH Units : 75

5. Head Office : Bangalore

6. Divisional Offices : 20 Districts

7. Accidents (Fatal) : Average 30 to 50

8. Non-fatal accidents : Average 3500 to 4000

9. No. of enforcing Officers : 30

The Shops and Establishments Act, 1953

Objective

• To provide statutory obligation and rights to employees and employers in the unorganized sector of employment, i.e., shops and establishments.

Scope and Coverage

A state legislation; each state has framed its own rules for the Act.

Applicable to all persons employed in an establishment with or without wages, except the members of the employer's family.

State government can exempt, either permanently or for a specified period, any establishments from all or any provisions of this Act.

Main Provisions Compulsory registration of shop/establishment

within thirty days of commencement of work. Communications of closure of the establishment

within 15 days from the closing of the establishment. Lays down the hours of work per day and week. Lays down guidelines for spread-over, rest interval,

opening and closing hours, closed days, national and religious holidays, overtime work.

Rules for employment of children, young persons and women

Rules for annual leave, maternity leave, sickness and casual leave, etc.

Rules for employment and termination of service.

Maintenance of registers and records and display of notices.

Obligations of employers. Obligations of employees.

When to Consult And Refer

At the time of start of an enterprise. When framing personnel policies and rules.

Thank You