Industrial Relations

PRESENTED TO PROF. VEERESH BUDHIHAL

PRESENTED BY ANU SUDEVAN BHAVANI DEVI ISHA SINGH HRISHIKESH LULE PAWAN NEWAR RICHA SHUKLA SHUBHAM

What are the restrictions imposed by the Factories Act, 1948, relating to the working hours and work of the workers in a :factory. Make a special reference to the women workmen.

An Act to consolidate and amend the law regulating labour in

factories. It came into force on the 1st day of April, 1949. It extends to the whole of India.

Working Hours Of Adults

Section 51.

Weekly Hours : No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week.

 Section 52.
Weekly Holidays : No adult worker shall be required or
allowed to work in a factory on first day of the week (hereinafter referred to as the said day), unless(a) he has or will have a holiday for whole day on one of three days immediately before or after the said day, and (b) the manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier,(i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and (ii) displayed a notice to that effect in the factory

Section 53.
Holidays :

Compensatory

(1) Where, as a result of the passing of an order of the making of a rule under the provisions of this Act exempting a factory or the workers therein from the provisions of section 52, a worker is deprived of any of the weekly holidays for which provision is made in sub-section (1) of that section he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost. (2) The State Government may prescribe the manner in which the holidays for which provision is made in sub-section (1) shall be allowed.

Provisions of various sections under Factories Act: Section 54: No adult worker shall be required or allowed to work in a factory for more than nine hours in any day. Section 55: The periods of work of adult workers in a factory each day shall be so fixed . The Chief Inspector, may, by written order and for the reason specified therein, exempt any factory from the provisions of sub-section (1) .

 Section 56: Spread over: Spread over not more than ten and a half hours. Section 57: Night shifts: This section contains provisions relating to a workmen works on a shift which extends beyond midnight.

Section 58
PROHIBITION OF OVERLAPPING OF SHIFTS

Work shall not be carried on in any factory by means

of a system of shifts

Section 59
EXTRA WAGES FOR OVERTIME

Where a worker works in a factory for more than nine

hours in any day or for more than forty-eight hours in any week When any workers in a factory are paid on a piece-rate basis The cash equivalent of the advantage accruing through the concessional sale to a worker of food grains . The State Government may make rules prescribing

Section 60 Restriction on double employees No adult worker allowed to work on any day on which he has already been working Section 61.Notice of periods of work for adults Displayed and correctly maintained period of work the adult required to work Manager of factory fix working periods else he classify them into groups Group not required to work on system of shift manager fix periods for group to work Group required to work on system of shift Manager shall fix periods and each group required to work

 Any group to work on system of shifts, Manager draw

scheme of shifts Hours of work to correspond with notice under Section 61 register under Section 62 No worker allowed to work in accordance with notice of periods of work for adults displayed 1)Total no of hrs of work in day not excced10 2)Spread over inclusive of intervals for rest not exceed 12 hrs 3)Total hrs of work in week including overtime not exceed 60 4)Total hrs of overtime not exceed 50

Restriction on employment of women.

1) 2)

no exemption from the provisions of section 54 may be granted in respect of any woman. no woman shall be 2[ required or allowed to work in any factory] except between the hours of 6 A. M. and 7 P. M. there shall be no change of shifts except after a weekly holiday or any other holiday. The State Government may make rules providing for the exemption from the restrictions set out in sub-section (1).

3)

4)

5)

The rules made under sub-section (4) shall remain in force for not more than three years at a time.

Working hours for children.

It comes under Section 71. No child shall be employed or permitted to work in any

factory(a) for more than four and a half hours in any day; (b) during the night. The period of work of all children employed in a factory shall be limited to two shifts which shall not overlap or spreadover more than five hours each; and each child shall be employed in only one of the relays which shall not, except with the previous permission in writing of the Chief Inspector, be changed more frequently than once in a period of thirty days.

Working hours for children.

The provisions of section 52 shall apply also to child

workers and no exemption from the provisions of that section may be granted in respect of any child. No child shall be required or allowed to work in any factory on any day on which he has already been working in another factory. No female child shall be required or allowed to work in any factory except between 8 A.M. and 7 P.M.

Restriction on employment of women.

1) 2)

no exemption from the provisions of section 54 may be granted in respect of any woman. no woman shall be 2[ required or allowed to work in any factory] except between the hours of 6 A. M. and 7 P. M. there shall be no change of shifts except after a weekly holiday or any other holiday. The State Government may make rules providing for the exemption from the restrictions set out in sub-section (1).

3)

4)

5)

The rules made under sub-section (2) shall remain in force for not more than three years at a time.

Further Restrictions On Employment Of Women. To Be Introduced In Lok Sabha

a.
No exemption from the provisions of section 54 may be granted in respect of any woman.

b.

There shall be no change of shifts except after a weekly holiday or any other holiday.
No woman shall be required or allowed to work in any factory except between the hours of 6 A.M. and 7 P.M. : Provided that where the occupier of the factory makes adequate safeguards in the factory

c.

d.

Case related to the act

State vs. Mohammad Sattar (Bidi Factory) on 2 April, 1958 Equivalent citations: AIR 1959 All 404, 1959 Author: D Roy Bench: D Roy, S Sahai JUDGMENT D.N. Roy, J. CriLJ 793

THANK YOU !!!