20/11/2020
Need and History of Factories Act
1. The weaker sections of the society became weaker and the stronger sections became
stronger with the lack of government intervention. With the increasing factories, the
number of workers increased and their problems increased. Their working conditions were
deplorable.
2. The hygiene and safety conditions in the factories were not standard. There was no special
provision for women and children working hours.
3. The inspector in chief of the Bombay, Major Moore, cotton department drew the attention
of the govt. to all this. It was his major contribution which led to the passing of factories
Act 1881. The act prohibited only children below 7 years to work more than 9 hours a day.
Beyond that, every person could work for 9 hours a day with only 4 holidays a month.
4. The factories act 1881 is the mother of all labour legislations in India.
5. The govt of India appointed a factories commission which later brought the 1891 factories
act. This included a compulsory rest of half an hour, a weekly holiday, children below 9
years prohibited, 9-14 years got 7 working hours, for women it was 11 working hours, and
a woman should not work beyond 8 PM.
6. Then, after a number of amendments, the factories act of 1948 was brought with chapter 6
dealing with certain important aspects.
Factories Act
1. Chapter 3 (sec. 11 to sec. 20) deals with health of workman.
2. Chapter 4 (Sec. 21-Sec. 41) deals with safety
3. Chapter. 4A hazardous process s. 41A-41H
4. Chapter 5 (sec 42 to sec 50) deals with welfare
5. Chapter. 3, 4, 5 were in original act
6. Sec. 51-66 in Chapter 6 working hours of adults
7. Chapter 4A and Chapter 6 – Chapter 11 were new insertions
8. Chapter 7 (sec. 67 sec 77) deals with employment of young persons
9. Chapter 8 sec 78 – sec 84 annual leave with wages
10. Chapter 9 sec 85-sec 91A special provisions
11. Chapter 10 sec. 92 – sec. 106A penalties and procedures
12. Chapter 11 sec 107 – sec 120 supplementary provisions
General duties of Employer:
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1. The factory has to be registered by owner, occupier, employer. The liability lies on
them. The duty is to send a notice to Chief Inspector of Factories atleast 15 days in
advance with all info necessary regarding a particular factory. This must consist of
various provisions regarding health, safety and welfare of workers they have framed
for their factory. Once approved, these must be pasted in a conspicuous place in the
local language also in the factory.
2. These provisions framed by them must be reasonable and practically applicable. He is
also required to maintain the plant and machinery to an extent that there is zero risk to
workers.
3. If necessary, he must give the workers necessary instructions, training, information and
there must be complete supervision to ensure safety of the workers. He must maintain
a healthy atmosphere where there is no risk to health of workers on a day-to-day basis.
4. The employer also has a duty to state the various substances used in production, any
health hazards involved in such substances, nature of risk, the necessary precautions to
be taken by a workman.
Important provisions of Constitution:
1. The FR and DPSP make a reference to factories act. All workers are citizens of india
and thus it is indirectly applicable. Art. 14 gives equality, Art. 19 gives freedom of
expression, Art 23 prohibits trafficking humans for forced labour, Art 24 prohibits
employment of children in factories, Art. 32 writs, Art. 38-39 social principles followed
by State, Art. 39A equal justice and free legal aid, Art. 42 just and humane conditions
of work and maternity relief, Art. 43 living wages, Art. 43A participation of workers in
management of industries.
ILO Conventions:
1. ILO convention no. 29 dealing with forced labour, Convention no. 105 relating to
abolition of forced labour, Convention No. 3 and No. 103 deals with maternity
protection, Convention no. 183 is concerning maternity benefits, convention no. 110,
no. 4, no. 89 and no. 45 deals with conditions of work and light work of woman
employed in industry.
2. Convention no. 5, no. 10, no. 33, no. 59, no. 60, no. 138 deals with minimum age for
admission to employment.
3. Convention no. 6, no. 14, no. 79, no. 90 concerns night work by children and young
persons.
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4. Convention no. 146 deals with minimum age, national policy, hazardous employment,
conditions of work and enforcement.
5. Convention no. 182 concerns the worst form of child labour.
6. ILO Conventions have been implemented Chapter 6 onwards
After all the amendments in factories act, right now in India, all of these conventions and their
principles have been adopted in India.
Chapter 3- Health:
1. Cleanlinessa) Every factory shall be kept clean and free from effluvia etc. from:
(1) Accumulation of dirt etc.
(2) Floor of washrooms shall be cleaned atleast weekly
(3) Wet floors must be drained effectively.
(4) All walls etc. be painted properly
(5) All doors and window frames etc. shall be painted or varnished
(6) The dates shall be written in register
b) If for any factory, these provisions cannot be complied with, the State govt may be
notification in Gazette exempt the factory or suggest alternative method.
2. Disposal of waste and effluents
3. Ventilation and temperature
4. Dust and fume
5. Artificial humidification- required to be maintained as per prescribed guidelines for
regulating the temperature inside the premises.
6. Overcrowding
7. Lighting
8. Drinking water
9. Latrines and Urinals
10. Spittoons
Chapter 4- Safety:
1. Fencing of machinery
2. Work on or near machinery in motion
3. Employment of young persons on dangerous machines
4. Striking gear and devices for cutting powers
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5. Self-Acting Machines
6. Casing of new machinery
7. Provision of employment of women near cotton openers
8. Hoist and lifts
9. Lifting machines, chains, ropes and lifting tackles
10. Revolving machinery
11. Pressure plant
12. Floors, stains and means of access
13. Pits, sumps openings in floor etc.
Chapter 5- Welfare
1. Washing facilities for male and female workers
2. Facilities for storing and drying of clothes
3. Facilities for sitting, so that they don’t continuously stand and work
4. First aid appliances
5. Canteens
6. Shelters, rest rooms and lunch rooms
7. Creches, if there are more than 30 women employed. They are allowed to bring their infants
or children under 6 yrs of age. State govt. shall give notification of services and facilities
in these rooms. Facility for the mother to feed the child every few hours.
8. Welfare officer appointed for every 500 workers or more and state govt prescribed his
duties and frame rules.
Chapter 6- Working hours of adults
1. No adult shall be working more than 48 hours a week.
2. No adult shall be allowed to work on first day of the week (Sunday) and if not, then he
must be given holiday in the next 3 days. It shall be a paid holiday.
3. If the employer wants to shift the paid holiday, there must be sufficient notice given of such
intention to workers and Inspector of factories. Objections and grievances must be heard.
Only then, this change can be made the rule. Once changed, it must continue for 6 months
before changing again, and this notice of change must be fixed at a conspicuous place.
4. In any case, there can be more than 10 continuous working days for any worker without a
paid holiday in between.
5. The employer must also calculate how many hours of work he does. If the worker is doing
overtime, he shall be paid overtime wages. If he is working on a weekly holiday, he must
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be given another paid holiday in the same month. He cannot work more than 10 continuous
day. Public holidays must be given.
6. No person shall be allowed to work more than 9 hours a day. Shift system must be approved
by the Inspector, a shift cannot be more than 8 hours. In a stretch, they must not work more
than 5 hours. There must be rest after 5 hours of work in a stretch.
7. If the employer wants exemption from 5 maximum working hours without rest, there must
be special permission from Inspector of factories.
8. Including the rest, the working hours must not exceed 10.5 hours a day. However, usually
it is 8-9 hours a day.
9. If the person is working beyond midnight, the next 24 hours shall be a holiday for him.
There should not be overlapping of shifts by any means. There must be another set of relay
workers ready to take up the next shift. The State Govt and chief inspector of factories can
ask for reasons for overlapping of shifts. If they request for exemption from overlapping of
shifts, they must request permission from state govt. with reasons.
10. If a worker is working more than 9 hours a day or 48 hours a wage, he will be given
overtime wages at twice rate of wages (basic pay + allowances).
11. If the employer is selling essential commodities at concessional rate to the worker. These
concessions shall NOT be treated as bonus.
12. Overtime wages shall NOT be treated as bonus.
READ KHAN AND KHAN
24/11/2020
Chapter VI – Working Hours of Adults
1. Weekly hours of work is 48 hours.
2. No adult shall be allowed to work in a factory for the first day of the week. This may be
Sunday or any particular day but there should not be more than 6 days continuously. He
can work for 9 days continuously and 10th day will be holiday (overtime). This is paid
holiday.
3. If the manager wants any worker to work extra, or change shift, the notice shall be given
and pasted in establishment.
4. If there is any change to this, the Inspector of Factories should be given notice. For the
cancellation of holiday, the notice must be given one day prior to the workmen and it cannot
be given at the last moment.
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5. The employer cannot deprive them of compensatory holidays just because he is giving
weekly off. If he is cancelling a paid holiday, within 2 months he must give them
compensatory off.
6. A worker works max. 9 hours a day with the permission of Officer. The usual is 8 hours a
day. They cannot work more than 5 hours a day. If the employer wants to change this max.
working hour at a stretch, the employer must get written permission of Officer.
7. The adult workers shall be arranged in such manner that they can work for 10.5 hours a day
including the breaks. This is spread over. If they wish to increase this to 12 hours, the
permission of the Officer is required.
8. If one has worked beyond midnight, then the next 24 hours must be a period of rest for the
workman.
9. Whenever there is shift system, there must be relay of workers. No group of workers shall
be allowed to work continuously for second shift also. This is prohibition of overlapping
shifts. If the employer wishes to exempt itself from this rule, it must write to the Officer
and the State Govt with the reasons of the same. If satisfied, the said factory may be exempt
subject to certain conditions.
10. Whenever a workman works for more than 9 hours or 48 hours a week (even an hour
beyond 9 hours is counted), he shall get overtime wages at twice the normal pay. It is basic
pay + allowance and cash benefits + overtime wages and any other food concessions etc.
This is important, may be asked as a combined question with other topics.
11. If employees are getting piece rate wages, they should not get paid less than daily rate in
the Payment of Wages Act. Piece rate shall be ordinary rate of wages.
12. Whenever a worker is working in one place, he must not work in another factory. This is
to ensure that he is not working a number of shifts continuously across factories. This is
the restriction on double-employment.
13. The hours of work and shift system etc must be there in notice, who is working in which
shift etc., if there is no shift system in an employment, the notice must state the fixed
working hours. If they work more than this, they are entitled to overtime wages.
14. The employer must maintain register i.e. muster-rolls for attendance of workers every day.
The format including name and address of workers etc is given by the State Govt. the
worker must sign everyday before starting the work. This is tallied by the Officer in an
inspection for calculating the daily hours.
15. The employer can ask the state govt for exemption from a particular rule or a particular
order, by writing explanation for this, giving reason for the exemption, and submit this in
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writing to the State govt. in form of Chief Inspector of Factories (Officer). This applies for
exemption from even a single rule in the Act. (May be a question on this exemption,
working hours, overtime wages.)
16. The total no. of overtime hours in a quarter shall not exceed 50 hours. How much is a
quarter is defined by employer. It is usually 3 months. Total no. of working hours in a week
shall not exceed 60 hours, including overtime.
17. These rules once made cannot be changed for 5 Years from the date on which such rules
are made, and even for change, it shall be with the written permission of the State Govt
(Officer). This may be initiated by the worker or the employer and has to be with notice to
workers, employer, State Govt.
18. No woman shall be expected to work from 7 PM to 6 AM. This can be extended to 10 PM
with permission of State Govt. But this cannot be extended to 10 PM under any
circumstance.
19. Weekly holidays cannot be changed by the employer immediately. It has to be in
accordance with the rules of SO, sufficient notice etc.
20. In situations where following shift system, working hours etc. affect the raw materials, eg:
fish tanning fish canning raw vegetables etc related industries, such industries can claim
exemption from State Govt. for employing the women beyond 7 PM till 10 AM.
Chapter VII-Employment of young persons
1. From the age of 14-18 yrs, under Child Labour Act, 1984 the child of this age is allowed
to work in certain industries where there is no hazardous circumstances and no effect on
his growth. The Schedule B to this Act prescribes the non-hazardous employments where
he may be employed, the child is allowed to work for not more than 4.5 hours a day.
2. No child below 14 yrs is allowed to work.
3. If the child has completed 14 yrs of work, he shall have a certificate of fitness granted to
him. For a child above 14 yrs below 18 yrs, he must bring the certificate of birth. If this
birth certificate is not there, he shall be examined by registered medical practitioner and he
shall give the certificate of fitness stating he is above 14 yrs of age. This fitness certificate
shall be maintained in the register of the employer and the child must carry a copy of this
as a token of reference.
4. He shall not be granted any work from 7 PM to 6 AM till he has attained 17 yrs of age. If
there is the issue of raw materials getting spoiled, this may be extended to 10 PM but not
beyond.
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5. Their employment shall be 4.5 hours a day and not beyond. They shall NOT work during
night time.
6. If the child is a female, she shall not be allowed to work from 7 PM and 8 AM.
7. Whenever the Officer comes for an inspection and suspects that the child having certificate
of fitness is below 14 yrs, he may send the child to another medical practitioner for medical
examination.
8. Under no circumstance can a child be employed without fitness certificates.
9. The State Govt can make rules regarding the making of fitness certificates, the procedure
for getting it, the eligibility for medical practitioner, to whom the copies have to be sent
etc.
27/11/2020
Revision Class
1. History of Trade Union: B.P Wadia Case, Taffway Case.
2. Criminal conspiracy and civil immunities Sec. 17 & Sec. 18.
3. Rights and Liabilities of a person joining a TU.
4. Aspects involved registration of TU.
5. STRIKE LOCK-OUT LAY-OFF RETRENCHMENT IS SUPER IMPORTANT. It
can be brought under any topic.
6. Amalgamation, Dissolution of TU.
7. Can an injunction be brought against TU? YES.
8. Important case laws.
9. Collective Bargaining.
10. ID Act: All important decisions in objectives of Act, definition of industry (hospital,
municipal corp, educational institutions, clubs. ALL DECISIONS TAUGHT IN CLASS
IN THESE HEADS ARE SUPER IMPORTANT).
11. BWS Case and other historical cases are super important.
12. Do ID Act from SN Mishra.
13. Definitions, Sec. 2(a), hierarchy of machinery etc. Odd man out may be given in machinery
(3 concepts connected in one principal and not the 4th one). Strike lockout, unfair labour
practices, Standing Orders (every intricacy) is super important.
14. All info regarding Standing Orders, procedure for framing, etc. is very important. What
constitutes unfair labour practice.
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15. DP & Domestic Enquiry: What constitutes DP, Charge-sheet, Preliminary enquire,
suspension of enquiry during this time, misconduct, subsistence allowance, Principles of
Natural Justice, format of enquiry report, who prepares enquiry report.
16. Wages: Payment of Wages Act, Minimum Wages Act.
17. Payment of Wages Act- Concept of authorized deductions (home loan etc.), concept of fine.
18. Minimum Wages- Important case laws taught in class, important points regarding Art. 43
of constitution of India (whether violation of right or not?), constitutional validity.
19. Bonus Act- How it is calculated, what can be removed, how much is minimum and
maximum bonus for AY, concept of ‘Continuous period of service’ and what is it for 1 yr,
for 6 months etc. Concept of customary bonus (given at festivals, deducted from actual
bonus at end of AY). Disqualifications for bonus.
20. EC Act- Notional extension theory, types of disablements, occupational diseases, concept
of dependants, Important cases taught in class. There may be combination of questions
from EC, ESI and maternity benefits (whether one can choose benefits from all acts etc.)
21. ESI Act- All 6 benefits, concept of periodic payments (sickness benefits), all case laws
taught in class are important. Lump Sum payment is in death and permanent total
disablement. What is employment injury. The contribution period and corresponding
benefit period. Adjudication by ESI Courts.
22. There are 10 enactments under the social security legislations under the ILO framework.
No need to study PF Act, Gratuity Act. Wage Code is combination of Minimum Wages,
Payment of Wages and Bonus Act.
23. Penalties and fine amounts cannot be skipped.
24. ESI Corp., the intricacies of Strike and lockout etc. under Sec. 25 ID Act is not needed.
Can skim through it.
25. Industrial Jurisprudence is not needed.
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