Legislative Acts
Industrial Acts:
(a) Indian Factory Act,
(b) Industrial Dispute Act,
(c) Workman Compensation Act,
(d) Minimum Wages Act
INTRODUCTION TO INDUSTRIAL ACTS
Employer and employees are the two parties across the table. Relationship between these two is very important for the development and the survival of any organisation Industrial acts, initially called as labour legislation had a protective function dealing with wages, working conditions, social interests, industrial peace etc. It thus gives legal framework to relationship between employer and employees.
The progress of such legislation is mentioned below:
● Industrialization started in European nations
● Exploitation of labours
● Revolt by labours
● Introduction of legislation for industries
● Acceptance of such legislation as it is by developing nations
● Ammendments as per requirements
● Impact of trade unions on such legislation for their benefit in socialistic approach
● Constitution of India included all the acts after Independence
●\Continuous ammendments
● Present Industrial Acts
NECESSITY OF ACTS
Industrial Acts are Helpful in the Following Ways:
1. It gives legal platform and support to employees.
2. It creates industrial peace and improves employer - employee and labour - management relation - Ships
3. It gives solutions to quarrels in industry.
4. It removes out autocracy of management and extortion of workers.
5. Employees get compensation in cases of accidents.
6. It reduces gap between employer and employee due to workers' participation in management.
7. It guarantees welfare of employees.
INDUSTRIAL ACTS
Indian Factory Act
(a) Facts:
1. Modifications in 1934 factory Act.
2. Passed in 1948.
3. Last major ammendment in 1976.
(b) Aims:
1. To ensure adequate safety measures.
2. To promote health and welfare of the workers employed in factories.
3. To prevent haphazard growth of factories.
4. To consolidate and amend the laws for regulating labour in the factories in India.
5. The licensing and registration of the factories,
(c) Terminology:
1. Adult: A person who has completed the age of 18 years.
2. Adolescent: A person of the age between 15 to 18 years.
3. Child: A person of the age less than 15 years.
4. Calendar year: A period between 1 January to 31 December (.e. 12 months).
5. Day: A period between 2 mid-nights (ie. 24 hours).
6. Week: A period between 2 Saturdays (i.e. 7 days).
7. Factory: A premises of 10 workers (If power is used).OR A premises of 20 workers (If power is not used).
8. Power: Any form of energy other than animal or husbandary input.e.g. of power - Electrical, Pneumatic etc.
9. Prime Mover: Any device which generates or provides power.e.g. Motor, Engine etc.
10. Machinery: Any device which transforms given power.
(d) Main Provisions:
1. All provisions are related to:
(a) Health and safety
(b) Walfare and Development
(c) Duration of work
(d) Young workers and women workers
(e) Leave structure
(f) Administration and execution
2. Appointment of labour welfare officers in the factory consisting of minimum 500 workers.
3. Rights of labour welfare officer are given to State Government.
4. Working duration: Special facts:
(a) Adult: 48 hrs / week,
Child: 45 hrs / week.
(b) Women and children - Prohibited to work during night (7 p.m, to 6 a.m.) But amendment is possible in this last fact.
Child Labour:
◆ It is Prohibition and Regulation Act, 1986.
◆ No work between 7 p.m. to 6 a.m.
◆ Not allowed for overtime to children.
◆ Continuous work of more than 3 hours is not allowed.
◆ Not allowed to work at dangerous places.
Women and Night Shifts:
◆ As per the recent amendment in the factories Act Women are now allowed to work:
◆ In late night shifts in certain industries.
◆ Only in day shifts in certain industries
◆ In night shifts in Telecom and Communication industry only.
◆ Only in those industries where shifts are not permitted.
5. Administration:
(i) Appointment of Labour Welfare Officers. (LWO).
(ii) Appointment of factory inspectors.
(iii) Enforcement of Law through Labour Institute and Director General (DG) of Factory Advice Service.
(iv) Penalties are prescribed for each offence.
(e) Special Provisions:
1. Accidents and diseases
2. Dangerous operations
3. Penalty and procedures
(f) Conditions Stipulated in Factory Act Related to Hygiene of Workers:
These conditions are with respect to the following facts such as cleanliness, ventilation and temperature, artificial humidification, over-crowding, lighting, drinking water bathrooms, latrines, spittoons etc
1. Cleanliness:
◆ Daily sweeping or cleaning of floors, benches, passages and staircases.
◆ Cleaning of work room at least per week.
◆ Effective means of drainage.
◆ Painting and varnishing once a year.
2. Ventillation and Temperature:
◆ Circulation of fresh air.
◆ Exhaust fans at proper places.
◆ Use of devices to keep balance of temperature.
3. Artificial humidification:
◆ Use of prescribed methods to have an artificial humidification.
◆ Use of clean water for humidification process.
4. Over Crowding:
◆ Space required for a worker is 500 cu. feet.
◆ No passage, room, workplace shall be overcrowded.
5. Lighting:
◆ Sufficient and suitable.
◆ Natural or may be artificial.
◆ Glazed windows in clean condition
◆ Formation of shadows should be avoided.
6. Drinking Water:
◆ Should be available to all workers during all working hours.
◆ Should be provided and maintained at suitable points.
◆ Drinking water place must be away from latrine by 6 metres.
7. Latrines:
◆ Separate enclosed for male and female.
◆ One latrine must be made available per 20 persons.
◆ Latrines must be of prescribed sanitary types.
8. Spittoons:
◆ Sufficient number of spittoons shall be kept at convenient places.
◆ These must be regularly kept clean.
(g) Safety Provisions under Factory Act:
1. Fencing of machinery:
Fencing of following should be done:
(i) Moving part of prime mover,
(ii) Every part of transmission machinery,
(iii) Every part of electric generator and motor,
(iv) All dangerous parts etc.
2. Untrained adult man woman or young person should not be allowed to work near machinery in motion.
3. Employee with loose fitting clothes should not be allowed to work near machinery in motion
4. Young persons should not be allowed to work at dangerous places.
5. Provide safe casing to machinery.
6. Every hoist and lift must be of rigid mechanical construction proper material and sufficient strength. Their maintenance at periodic intervals is must
7. Gates must be provided to enclose the hoistway and liftway.
8. Do not overload the lifts and cranes,
9. Materials of ropes, chains must be sound and with adequate strength.
10. Speed of revolving machinery should not cross limits.
11. Covering of each pit as well as opening in the floor.
12. No person should carry excessive weights.
13. Care should be taken to protect the eyes.
14. Precautions against dangerous fumes.
15. Very serious and scientific care from explosives and inflammable dust,
16. Provision of escape doors for all persons in case of fire.
17. Provison of warning devices in case of fire.
18. Arrangements to prevent outbreak of fire and spread of fire.
These are the safety provisions under factory act.
(h) Welfare Measures Stipulated in Factory Act:
1. Washing Facilities:
◆ Must be adequate and suitable
◆ Must be separately provided for male and female.
2. Sitting Facilities:
◆ Must be provided for all workers.
◆ Ergonomics considerations must be followed.
3. First Aid Appliances:
◆ Must be readily accessible during all working hours.
◆ One box should be provided per 150 workers.
◆ One ambulance room should be provided in a factory employing more than 300 workers.
4. Canteens:
◆ One canteen atleast per 250 workers in a factory.
5. Creches:
◆ Every factory employing more than 30 female workers, shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women.
◆ Its incharge must be a woman trained in this aspect.
6. Welfare Facilities:
◆ One Welfare Officer should be appointed in a factory employing more than 500 workers.
So, for considering all above provisions it is necessary to have Factory Act.
