Labour Law

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INTRODUCTION INTRODUCTION

The law relating to the regulation of labour employed in factories in India was embodied The law relating to the regulation of labour employed in factories in India was embodied in The Factories Act, 1934. It was amended several times but its general framework in The Factories Act, 1934. It was amended several times but its general framework remained unchanged. Application of this Act revealed a number of defects and remained unchanged. Application of this Act revealed a number of defects and weaknesses which hampered effective administration. In the meanwhile industrial weaknesses which hampered effective administration. In the meanwhile industrial activities in the country grew to a very large extent and it became essential to overhaul activities in the country grew to a very large extent and it became essential to overhaul the Factories law. To achieve this objective the Factories Bill was introduced in the the Factories law. To achieve this objective the Factories Bill was introduced in the Legislature.

Legislature.

STATEMENT OF OBJECTS AND REASONS STATEMENT OF OBJECTS AND REASONS

The existing law relating to the regulation of labour employed in factories in India is The existing law relating to the regulation of labour employed in factories in India is embodied in the Factories Act, 1934 . Experience of the working of the Act has revealed embodied in the Factories Act, 1934 . Experience of the working of the Act has revealed a number of defects and weaknesses which hamper effective administration. Although a number of defects and weaknesses which hamper effective administration. Although the act has been amended in certain respects in a piecemeal fashion whenever some the act has been amended in certain respects in a piecemeal fashion whenever some particu

particular aspelar aspect of lact of labour safbour safety or wety or welfare aelfare assumessumed urgent id urgent importmportance, the geance, the generalneral framework has remained unchanged. The provisions for the safety, health and welfare of framework has remained unchanged. The provisions for the safety, health and welfare of workers are generally found to be inadequate and unsatisfactory and even such protection workers are generally found to be inadequate and unsatisfactory and even such protection as is provided does not extent to the large mass of workers employed in work places not as is provided does not extent to the large mass of workers employed in work places not covered by the Act. In view of tile large and growing industrial activities in the country, covered by the Act. In view of tile large and growing industrial activities in the country, a radical overhauling of the Factories law is essentially called for and cannot be delayed. a radical overhauling of the Factories law is essentially called for and cannot be delayed. The proposed legislation differs materially from the existing law in several respects. The proposed legislation differs materially from the existing law in several respects. Some of the important features are herein mentioned. Under the definition of "Factory" Some of the important features are herein mentioned. Under the definition of "Factory" in the Act of 1934, several undertakings are excluded from its scope but it is essential in the Act of 1934, several undertakings are excluded from its scope but it is essential that important basic provisions relating to health, working hours, holidays lighting and that important basic provisions relating to health, working hours, holidays lighting and ventilation, should be extended to all workplaces in view of the unsatisfactory state of ventilation, should be extended to all workplaces in view of the unsatisfactory state of affairs now prevailing in unregulated factories. Further, the present distinction between affairs now prevailing in unregulated factories. Further, the present distinction between seasonal and perennial factories which has little justification has been done away with. seasonal and perennial factories which has little justification has been done away with. The minimum age of employment for children has been raised from 12 to 13 and their The minimum age of employment for children has been raised from 12 to 13 and their working hours reduced from 5 to 4 ½ with powers to Provincial Governments to

working hours reduced from 5 to 4 ½ with powers to Provincial Governments to prescr

prescribe even a ibe even a higher mhigher minimum inimum age for eage for employmmployment in hazent in hazardous uardous undertakndertakings.ings. The present Act is very general in character and leaves too much to the rule-making The present Act is very general in character and leaves too much to the rule-making powers

powers of the Pof the Provinciarovincial Goverl Governmentsnments. While s. While some of tome of them do havhem do have rules oe rules of varyingf varying stringency, the position on the whole is not quite satisfactory. This defect is sought to be stringency, the position on the whole is not quite satisfactory. This defect is sought to be remedied by laying down clearly in the Bill itself the minimum requirements regarding remedied by laying down clearly in the Bill itself the minimum requirements regarding health (cleanliness, ventilation and temperature, dangerous dusts and fumes, lighting and health (cleanliness, ventilation and temperature, dangerous dusts and fumes, lighting and control of glare,

control of glare,etc.)etc.)safety (eye protection, control of explosive and inflammable dusts,safety (eye protection, control of explosive and inflammable dusts, etc.),

etc.), and general welfare of workers (washing facilities, first-aid, canteens, shelter and general welfare of workers (washing facilities, first-aid, canteens, shelter rooms, creches,

rooms, creches, etc.)etc.)amplified where necessary, by rules and regulations to beamplified where necessary, by rules and regulations to be prescr

prescribed by Pribed by Provincial Govincial Governmeovernments.nts.

Further, the present Act leaves important and complex points to the discretion of Further, the present Act leaves important and complex points to the discretion of Inspectors placing heavy responsibility on them. In view of the specialised, and Inspectors placing heavy responsibility on them. In view of the specialised, and hazardous nature of the processes employed in the factories it is too much to expect hazardous nature of the processes employed in the factories it is too much to expect Inspectors to possess an expert knowledge of all these matters. The detailed provisions Inspectors to possess an expert knowledge of all these matters. The detailed provisions contained in the Bill will go a long way in lightening their burden.

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Some difficulties experienced in the administration of the Act, especially relating to Some difficulties experienced in the administration of the Act, especially relating to hours of employment, holidays with pay,

hours of employment, holidays with pay,etc.etc.have been met by making the provisionshave been met by making the provisions more definite and clearer. The penalty clauses have also been simplified. An important more definite and clearer. The penalty clauses have also been simplified. An important provis

provision has alion has also been mso been made in the ade in the Bill eBill empowermpowering Proviing Provincial Govncial Governmeernments to rents to requirequire the every factory should be registered and should take a licence for working to be

the every factory should be registered and should take a licence for working to be

renewed at periodical intervals. Provincial Governments are further being empowered to renewed at periodical intervals. Provincial Governments are further being empowered to require that before a new factory is constructed or any extensions are made to an existing require that before a new factory is constructed or any extensions are made to an existing one, the plans designs and specifications of the proposed construction should receive one, the plans designs and specifications of the proposed construction should receive their prior approval.

their prior approval.

It is expected that the Bill, when enacted into law, will considerably advance the It is expected that the Bill, when enacted into law, will considerably advance the condition of workers in factories.

condition of workers in factories.

The substantial changes made in the existing law are also indicated in the Notes on The substantial changes made in the existing law are also indicated in the Notes on Clauses [omitted]. Opportunity has also been taken to arrange the existing law and to Clauses [omitted]. Opportunity has also been taken to arrange the existing law and to revise expressions, where necessary.

revise expressions, where necessary.

FACTORIES ACT, 1948 :

FACTORIES ACT, 1948 : FACTORIES ACT, 1948 This Act may be called the Factories Act,FACTORIES ACT, 1948 This Act may be called the Factories Act, 1948.

1948. It It extends extends to to the the whole whole of of India India It It shall shall came came into into force force on on the the 1st 1st day day of of April, April, 19491949 Definitions :

Definitions : Definitions "adult" means a person who has completed his eighteenth year of ageDefinitions "adult" means a person who has completed his eighteenth year of age "adolescent" means a person who has completed his fifteenth year of age but has not completed his "adolescent" means a person who has completed his fifteenth year of age but has not completed his eighteenth year child means a person who has not completed his fifteenth year of age young

eighteenth year child means a person who has not completed his fifteenth year of age young person"

person" means a pemeans a person wrson who is eitho is either a chilher a child or an adold or an adolescentescent Definitions :

Definitions : Definitions “day" means a period of twenty-four hours beginning at midnight;Definitions “day" means a period of twenty-four hours beginning at midnight; "week" means a period of seven days beginning at midnight on Saturday night "calendar year" "week" means a period of seven days beginning at midnight on Saturday night "calendar year" means the period of twelve months beginning with the first day of January in any year "power" means the period of twelve months beginning with the first day of January in any year "power" means electrical energy, or any other form of energy which is mechanically transmitted and is not means electrical energy, or any other form of energy which is mechanically transmitted and is not generated by human or animal agency; "prime mover" means any engine, motor or other appliance generated by human or animal agency; "prime mover" means any engine, motor or other appliance which generates or otherwise provides power;

which generates or otherwise provides power; Definitions :

Definitions : Definitions "manufacturing process" means any process for- (i) making, altering,Definitions "manufacturing process" means any process for- (i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport,

otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal; or (ii) pumping oil, water, sewage or any other substance; or (iii) generating, delivery or disposal; or (ii) pumping oil, water, sewage or any other substance; or (iii) generating, transforming or transmitting power; or (iv) composing types for printing, printing by letter press, transforming or transmitting power; or (iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding (v) constructing,

lithography, photogravure or other similar process or book binding (v) constructing,

reconstructing, repairing, refitting, finishing or breaking up ships or vessels; (vi) preserving or reconstructing, repairing, refitting, finishing or breaking up ships or vessels; (vi) preserving or storing any article in cold storage;

storing any article in cold storage; Definitions :

Definitions : Definitions "worker" means a person employed, directly or by or through any agencyDefinitions "worker" means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process, or in cleaning any part of the machinery or remuneration or not, in any manufacturing process, or in cleaning any part of the machinery or premis

premises usees used for a md for a manufactanufacturing procuring process, or ess, or in any otin any other kind oher kind of work if work incidentncidental to, or cal to, or connecteonnectedd with, the manufacturing process, or but does not include any member of the armed forces of the with, the manufacturing process, or but does not include any member of the armed forces of the Union

Union

Definitions :

Definitions : Definitions "factory" means any premises including the precincts thereof- (i)Definitions "factory" means any premises including the precincts thereof- (i) whereon ten or more workers are working, or were working on any day of the preceding twelve whereon ten or more workers are working, or were working on any day of the preceding twelve

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months, and in any part of which a manufacturing process is being carried on with the aid of months, and in any part of which a manufacturing process is being carried on with the aid of power, o

power, or is orr is ordinarily dinarily so carrso carried on, or ied on, or (ii) W(ii) Whereon twhereon twenty or menty or more worore workers arkers are workinge working, or wer, or weree working on any day of the preceding twelve months, and in any part of which a manufacturing working on any day of the preceding twelve months, and in any part of which a manufacturing proces

process is beis is being carrieng carried on withod on without the aiut the aid of powed of power, or is or, or is ordinarilrdinarily so cary so carried onried on Definitions :

Definitions : Definitions "occupier" of a factory means the person who has ultimate control over Definitions "occupier" of a factory means the person who has ultimate control over the affairs of the factory in the case of a firm or other association of individuals, any one of the the affairs of the factory in the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier; in the case of a individual partners or members thereof shall be deemed to be the occupier; in the case of a company, any one of the directors shall be deemed to be the occupier; in the case of a factory company, any one of the directors shall be deemed to be the occupier; in the case of a factory owned or controlled by the Central Government or any State Government, or any local authority, owned or controlled by the Central Government or any State Government, or any local authority, the person appointed to manage the affairs of the factory Government shall be deemed to be the the person appointed to manage the affairs of the factory Government shall be deemed to be the occupier

occupier 4. Power to

4. Power to declare different departments to be separate factories or two or declare different departments to be separate factories or two or more more factories tofactories to be a single factory :

be a single factory : 4. Power to declare different departments to be separate factories or two or 4. Power to declare different departments to be separate factories or two or more

more factories to be a single factory The State Government may, on its factories to be a single factory The State Government may, on its own or on an applicationown or on an application made by an occupier, direct that different departments or branches of a factory shall be treated as made by an occupier, direct that different departments or branches of a factory shall be treated as separate factories or two or more factories shall be treated as a single factory

separate factories or two or more factories shall be treated as a single factory 5. Power to exempt during public emergency :

5. Power to exempt during public emergency : 5. Power to exempt during public emergency In5. Power to exempt during public emergency In case of public emergency the State Government may, exempt any factory from all or any of the case of public emergency the State Government may, exempt any factory from all or any of the provisi

provisions of tons of this Act fhis Act for such peor such period and sriod and subject to ubject to such condsuch conditions aitions as it mas it may think fy think fit No sit No suchuch notification shall be made for a period exceeding three months at a time.

notification shall be made for a period exceeding three months at a time. 6. Approval, licensing and registration of

6. Approval, licensing and registration of factories :factories : 6. Approval, licensing and registration of 6. Approval, licensing and registration of factories Making application to the government If on an application for permission accompanied factories Making application to the government If on an application for permission accompanied by the pla

by the plans and spens and specificatcifications reions required by quired by the rulethe rules sent ts sent to the Stato the State Governme Government or Cent or Chief hief

Inspectors by registered post, And no order is communicated to the applicant within three months Inspectors by registered post, And no order is communicated to the applicant within three months from the date on which it is so sent, the permission shall be deemed to have been granted. If the from the date on which it is so sent, the permission shall be deemed to have been granted. If the application is rejected appeal can be made to the government within thirty days of the date of such application is rejected appeal can be made to the government within thirty days of the date of such rejection.

rejection.

7. Notice by occupier :

7. Notice by occupier : 7. Notice by occupier (1) The occupier shall, at least fifteen days before he7. Notice by occupier (1) The occupier shall, at least fifteen days before he begins t

begins to occupy o occupy or use any or use any premispremises as a fes as a factory, sactory, send a notend a notice to tice to the Chief Ihe Chief Inspectonspector containir containing- ng-(a) The name and situation of the factory; (b) the name and address of the occupier; (bb) the name (a) The name and situation of the factory; (b) the name and address of the occupier; (bb) the name and address of the owner of the premises (c) the address to which communications relating to the and address of the owner of the premises (c) the address to which communications relating to the factory may be sent; (d) the nature of the manufacturing process (e) the total rated horse power factory may be sent; (d) the nature of the manufacturing process (e) the total rated horse power installed or to be installed in the factory (f) the name of the manager of the factory for the purposes installed or to be installed in the factory (f) the name of the manager of the factory for the purposes of this Act (g) the number of workers likely to be employed in the factory (i) such other particulars of this Act (g) the number of workers likely to be employed in the factory (i) such other particulars as may be prescribed.

as may be prescribed.

7A. General duties of the occupier :

7A. General duties of the occupier : 7A. General duties of the occupier occupier shall ensure, the7A. General duties of the occupier occupier shall ensure, the health, safety and welfare of all workers while they are at w

health, safety and welfare of all workers while they are at work in the factory. ork in the factory. every occupier shallevery occupier shall prepare

prepare, a writt, a written stateen statement of himent of his genes general policral policy with ry with respect tespect to the healo the health and sath and safety of tfety of thehe workers bring such statement and any revision thereof to the notice of all the workers

workers bring such statement and any revision thereof to the notice of all the workers 8. Inspectors of Factory :

8. Inspectors of Factory : 8. Inspectors of Factory State government may appoint Chief Inspector 8. Inspectors of Factory State government may appoint Chief Inspector Additional Chief Inspectors, Joint Chief Inspectors and Deputy Chief Inspectors and Inspectors of Additional Chief Inspectors, Joint Chief Inspectors and Deputy Chief Inspectors and Inspectors of factory Prescribe their duties and qualifications Every District Magistrate shall be an Inspector for factory Prescribe their duties and qualifications Every District Magistrate shall be an Inspector for his district Every inspector is deemed to be a public servant within the meaning of the Indian Penal his district Every inspector is deemed to be a public servant within the meaning of the Indian Penal Code

Code

9. Powers of Inspectors :

9. Powers of Inspectors : 9. Powers of Inspectors Enter factory premises for investigation9. Powers of Inspectors Enter factory premises for investigation

Examine the premises inquire into any accident or dangerous occurrence require the production of Examine the premises inquire into any accident or dangerous occurrence require the production of

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any prescribed register or document seize, or take copies of, any register, record or other document any prescribed register or document seize, or take copies of, any register, record or other document take measurements and photographs and make such recordings exercise such other powers as may take measurements and photographs and make such recordings exercise such other powers as may be pres

be prescribed no pecribed no person srson shall be cohall be compellempelled under td under this secthis section to answion to answer any quer any question or estion or give anygive any evidence tending to incriminate himself

evidence tending to incriminate himself 10. Certifying surgeons :

10. Certifying surgeons : 10. Certifying surgeons State Government may appoint qualified10. Certifying surgeons State Government may appoint qualified medical practitioners to be certifying surgeons Duties of surgeons a) the examination and medical practitioners to be certifying surgeons Duties of surgeons a) the examination and

certification of young persons under this Act; (b) the examination of persons engaged in factories certification of young persons under this Act; (b) the examination of persons engaged in factories in such dangerous occupations or processes

in such dangerous occupations or processes C) supervising the factories wC) supervising the factories where here (i) cases of (i) cases of illnessillness have occurred which are due to the nature of the manufacturing process or (ii) due to

have occurred which are due to the nature of the manufacturing process or (ii) due to

manufacturing process there is a likelihood of injury to the health of workers or (iii) young persons manufacturing process there is a likelihood of injury to the health of workers or (iii) young persons are employed in any work which is likely to cause injury to their health.

are employed in any work which is likely to cause injury to their health. 11. Cleanliness :

11. Cleanliness : 11. Cleanliness Every factory shall be kept clean and free from effluents11. Cleanliness Every factory shall be kept clean and free from effluents

accumulation of dirt and refuse shall be removed daily floor of every workroom shall be cleaned at accumulation of dirt and refuse shall be removed daily floor of every workroom shall be cleaned at least once in every week by washing, using disinfectant effective means of drainage shall be

least once in every week by washing, using disinfectant effective means of drainage shall be provide

provided and maintd and maintained all ained all inside winside walls and alls and partitpartitions, ceiions, ceilings, dolings, doors, wiors, windows sndows shall be paihall be paintednted at prescribed intervals

at prescribed intervals

12. Disposal of wastes and effluents :

12. Disposal of wastes and effluents : 12. Disposal of wastes and effluents Effective12. Disposal of wastes and effluents Effective arrangements shall be made for the treatment of wastes and effluents caused due to the arrangements shall be made for the treatment of wastes and effluents caused due to the

manufacturing process carried on therein, so as to render them innocuous, and for their disposal. manufacturing process carried on therein, so as to render them innocuous, and for their disposal. 13. Ventilation and temperature :

13. Ventilation and temperature : 13. Ventilation and temperature suitable provision shall be13. Ventilation and temperature suitable provision shall be made in every factory for adequate ventilation by the circulation of fresh air such a temperature as made in every factory for adequate ventilation by the circulation of fresh air such a temperature as will secure to workers therein reasonable conditions of comfort and prevent injury to health walls will secure to workers therein reasonable conditions of comfort and prevent injury to health walls and roofs shall be of such material and so designed that such temperature shall not be exceeded but and roofs shall be of such material and so designed that such temperature shall not be exceeded but kept as low as practicable

kept as low as practicable 14. Dust and fume :

14. Dust and fume : 14. Dust and fume effective measures shall be taken to prevent its inhalation14. Dust and fume effective measures shall be taken to prevent its inhalation and accumulation in any workroom, and if any exhaust appliance is necessary for this purpose, it and accumulation in any workroom, and if any exhaust appliance is necessary for this purpose, it shall be applied as near as possible to the point of origin of the dust, fume or other impurity, and shall be applied as near as possible to the point of origin of the dust, fume or other impurity, and such point shall be enclosed so far as possible.

such point shall be enclosed so far as possible. 15. Artificial humidification :

15. Artificial humidification : 15. Artificial humidification factories in which the humidity of the15. Artificial humidification factories in which the humidity of the air is artificially increased State government shall prescribe the standard of humidification the air is artificially increased State government shall prescribe the standard of humidification the water used for the purpose shall be taken from a public supply, or other source of drinking water, water used for the purpose shall be taken from a public supply, or other source of drinking water, shall be effectively purified before it is so used.

shall be effectively purified before it is so used. 16. Overcrowding :

16. Overcrowding : 16. Overcrowding There shall be 4.2 cubic metres of space for every worker 16. Overcrowding There shall be 4.2 cubic metres of space for every worker employed therein, and for this purpose no account shall be taken of any space which is more than employed therein, and for this purpose no account shall be taken of any space which is more than 4.2 metres above the level of the floor of the room. notice specifying the maximum number of 4.2 metres above the level of the floor of the room. notice specifying the maximum number of workers, which can be employed in any work room shall be displayed in the premises

workers, which can be employed in any work room shall be displayed in the premises 17. Lighting :

17. Lighting : 17. Lighting In every part of a factory sufficient lighting shall be maintained all17. Lighting In every part of a factory sufficient lighting shall be maintained all glazed windows and skylights used for the lighting of the workroom shall be kept clean provision glazed windows and skylights used for the lighting of the workroom shall be kept clean provision shall, be made for the prevention of glare, either directly from a source of light or by reflection shall, be made for the prevention of glare, either directly from a source of light or by reflection from a smooth or polished surface formation of shadows to such an extent as to cause eye-strain or from a smooth or polished surface formation of shadows to such an extent as to cause eye-strain or the risk of accident to any worker shall be prevented.

the risk of accident to any worker shall be prevented. 18. Drinking water :

18. Drinking water : 18. Drinking water Adequate facilities for wholesome drinking water shall18. Drinking water Adequate facilities for wholesome drinking water shall be made a

be made at convenit convenient placeent places in the s in the factory Afactory All such ll such points spoints shall be lhall be legibly megibly marked "drarked "drinkinginking water” no such point shall be situated within six metres of any washing place, urinal, latrine, water” no such point shall be situated within six metres of any washing place, urinal, latrine, spittoon, open drain carrying silages or effluent or any other source of contamination. Factories spittoon, open drain carrying silages or effluent or any other source of contamination. Factories

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wherein more than two hundred and fifty workers are ordinarily employed, provisions shall be wherein more than two hundred and fifty workers are ordinarily employed, provisions shall be made for cooling drinking water during hot weather

made for cooling drinking water during hot weather 19. Latrines and urinals :

19. Latrines and urinals : 19. Latrines and urinals sufficient latrine and urinal of prescribed types19. Latrines and urinals sufficient latrine and urinal of prescribed types shall be provided separately for male and female workers They should be properly lighted and shall be provided separately for male and female workers They should be properly lighted and ventilated, and no latrine or urinal

ventilated, and no latrine or urinal shall, shall, communicate with any workroom communicate with any workroom except through anexcept through an intervening open space or ventilated passage be maintained in a clean and sanitary condition at all intervening open space or ventilated passage be maintained in a clean and sanitary condition at all times; sweepers shall be employed to clean latrines, urinals and washing places.

times; sweepers shall be employed to clean latrines, urinals and washing places. 20. Spittoons :

20. Spittoons : 20. Spittoons In every factory sufficient number of spittoons shall be maintained in20. Spittoons In every factory sufficient number of spittoons shall be maintained in convenient places and they shall be maintained in a clean and hygienic condition. No person shall convenient places and they shall be maintained in a clean and hygienic condition. No person shall spit within the premises of a factory except in the Spittoons provided for the purpose Whoever spit within the premises of a factory except in the Spittoons provided for the purpose Whoever spits in places other than spittoons within factory premises shall be punishable with fine not spits in places other than spittoons within factory premises shall be punishable with fine not exceeding five rupees.

exceeding five rupees.

23. Employment of young persons on dangerous machines :

23. Employment of young persons on dangerous machines : 23. Employment of young persons23. Employment of young persons on dangerous machines No young person shall be allowed to work at any dangerous machine on dangerous machines No young person shall be allowed to work at any dangerous machine unless he has been fully instructed as to the dangers arising in connection with the machine and the unless he has been fully instructed as to the dangers arising in connection with the machine and the precaut

precautions to be ions to be obserobserved has reved has received suceived sufficiefficient trainint training in worng in work at the mk at the machine, or achine, or is under is under adequate supervision by a person who has a through knowledge and experience of the machine. adequate supervision by a person who has a through knowledge and experience of the machine. 27. Prohibition of employment of women and children near cotton-openers :

27. Prohibition of employment of women and children near cotton-openers : 27. Prohibition of 27. Prohibition of employment of women and children near cotton-openers No woman or child shall be employed in employment of women and children near cotton-openers No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton opener is at work without prior approval any part of a factory for pressing cotton in which a cotton opener is at work without prior approval of the inspector of factories

of the inspector of factories CHAPTER V : WELFARE :

CHAPTER V : WELFARE : CHAPTER V : WELFARE facilities for washing shall be providedCHAPTER V : WELFARE facilities for washing shall be provided and maintained for the use of the male and female workers separately such facilities shall be

and maintained for the use of the male and female workers separately such facilities shall be conveniently accessible and shall be kept clean Facilities for storing and drying cloth suitable conveniently accessible and shall be kept clean Facilities for storing and drying cloth suitable arrangements for sitting shall be provided and maintained for all workers first-aid boxes or arrangements for sitting shall be provided and maintained for all workers first-aid boxes or cupboards, equipped with the prescribed contents one for every one hundred and fifty workers in cupboards, equipped with the prescribed contents one for every one hundred and fifty workers in charge of a person trained in first aid. Ambulance room in every factory wherein more than five charge of a person trained in first aid. Ambulance room in every factory wherein more than five hundred workers are employed Canteen in the factory wherein more than two hundred and fifty hundred workers are employed Canteen in the factory wherein more than two hundred and fifty workers are ordinarily employed, Rest room/lunch room in factories employing more than one workers are ordinarily employed, Rest room/lunch room in factories employing more than one hundred and fifty workers with provision for drinking water, where workers can eat meals brought hundred and fifty workers with provision for drinking water, where workers can eat meals brought by them

by them

CHAPTER V : WELFARE :

CHAPTER V : WELFARE : CHAPTER V : WELFARE Creche facility if more than thirtyCHAPTER V : WELFARE Creche facility if more than thirty women are employed (for the children below six years of age of such working women). women are employed (for the children below six years of age of such working women).

Adequately spaced, lighted and ventilated Milk and refreshments for the children To be in charge Adequately spaced, lighted and ventilated Milk and refreshments for the children To be in charge of a trained female staff Allowing mothers to feed the kids at periodic intervals Welfare Officer for of a trained female staff Allowing mothers to feed the kids at periodic intervals Welfare Officer for factory wherein five hundred or more workers are employed

factory wherein five hundred or more workers are employed CHAPTER VI : WORKING HOURS OF ADULTS :

CHAPTER VI : WORKING HOURS OF ADULTS : CHAPTER VI : WORKING HOURS OFCHAPTER VI : WORKING HOURS OF ADULTS 51. Weekly hours Not more than 48 hours a week 52. First day of the week shall be a ADULTS 51. Weekly hours Not more than 48 hours a week 52. First day of the week shall be a weekly holiday or one of the days three days before or after the said first day. A notice is delivered weekly holiday or one of the days three days before or after the said first day. A notice is delivered to the inspector of factories A notice is displayed in the factory notice board Cannot be allowed to to the inspector of factories A notice is displayed in the factory notice board Cannot be allowed to work continuously for more than ten days without a full day holiday 53. Compensatory holidays work continuously for more than ten days without a full day holiday 53. Compensatory holidays Where a weekly holiday is denied he shall be allowed to avail the compensatory holiday within a Where a weekly holiday is denied he shall be allowed to avail the compensatory holiday within a month.

month.

CHAPTER VI : WORKING HOURS OF ADULTS :

CHAPTER VI : WORKING HOURS OF ADULTS : CHAPTER VI : WORKING HOURS OFCHAPTER VI : WORKING HOURS OF ADULTS 54. Daily working hours- no adult worker shall be allowed to work in a factory for more ADULTS 54. Daily working hours- no adult worker shall be allowed to work in a factory for more than nine hours in any day 55. Intervals for rest-no worker shall work for more than five hours than nine hours in any day 55. Intervals for rest-no worker shall work for more than five hours

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before he

before he has had ahas had an intervn interval for real for rest of at lst of at least haleast half an hour. f an hour. InspectInspector may ior may increasncrease it upto se it upto sixix hours 56. Spread over -inclusive of rest intervals they shall not spread over more than ten and a hours 56. Spread over -inclusive of rest intervals they shall not spread over more than ten and a half hours in any day Inspector may increase the spread over up to 12 hours 59. Extra wages for half hours in any day Inspector may increase the spread over up to 12 hours 59. Extra wages for overtime-wages at the rate of twice his ordinary rate of wages 60. Restriction on double

overtime-wages at the rate of twice his ordinary rate of wages 60. Restriction on double

employment-No adult worker shall be required or allowed to work in any factory on any day on employment-No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory 61. Notice of periods of work for adults which he has already been working in any other factory 61. Notice of periods of work for adults should be displayed in the notice board.

should be displayed in the notice board.

CHAPTER VI : WORKING HOURS OF ADULTS :

CHAPTER VI : WORKING HOURS OF ADULTS : CHAPTER VI : WORKING HOURS OFCHAPTER VI : WORKING HOURS OF ADULTS 62. Register of adult workers reg

ADULTS 62. Register of adult workers register of adult workers, to be available to the ister of adult workers, to be available to the Inspector Inspector at all times during working hours, or when any work is being carried on in the factory, at all times during working hours, or when any work is being carried on in the factory, showing,-(a) the name of each adult worker in the factory; (b) the nature of his work; (c) the group, if any, in (a) the name of each adult worker in the factory; (b) the nature of his work; (c) the group, if any, in which he is included; (d) where his group works on shifts, the relay to which he is allotted; and (e) which he is included; (d) where his group works on shifts, the relay to which he is allotted; and (e) such other particulars as may be prescribed :

such other particulars as may be prescribed : Women not to work at night :

Women not to work at night : Women not to work at night prohibition of women workers atWomen not to work at night prohibition of women workers at night shift women shall not be allowed to work in any factory except between the hours of 6 A.M. night shift women shall not be allowed to work in any factory except between the hours of 6 A.M. and 7 P.M.. The inspector may relax this norm but prohibited between 10 P.M. and 5 A.M. 67. and 7 P.M.. The inspector may relax this norm but prohibited between 10 P.M. and 5 A.M. 67. Prohibition of employment of young children Children who have not completed at least 14 years of Prohibition of employment of young children Children who have not completed at least 14 years of age are not allowed to work in factory for children above 14 years of age and adolescent persons age are not allowed to work in factory for children above 14 years of age and adolescent persons certificate of fitness issued by the certifying surgeons is required for working in the factory. certificate of fitness issued by the certifying surgeons is required for working in the factory. Children and adolescents are not allowed to work in night shift

Children and adolescents are not allowed to work in night shift 71, 72 & 73. Working hours for children :

71, 72 & 73. Working hours for children : 71, 72 & 73. Working hours for children No child71, 72 & 73. Working hours for children No child shall be

shall be employed in employed in any factory any factory for more for more than four than four and a and a half hours half hours in any in any day. day. during the during the night.night. there shall not be more than two shifts for children Shifts shall not be changed in less than a month there shall not be more than two shifts for children Shifts shall not be changed in less than a month time No female child shall be allowed to work except between 8 A.M. and 7 P.M Notice of

time No female child shall be allowed to work except between 8 A.M. and 7 P.M Notice of working hours for children should be properly displayed in the notice board Register of children working hours for children should be properly displayed in the notice board Register of children employed should be maintained in prescribed form.

employed should be maintained in prescribed form.

CHAPTER VIII : ANNUAL LEAVE WITH WAGES :

CHAPTER VIII : ANNUAL LEAVE WITH WAGES : CHAPTER VIII : ANNUAL LEAVECHAPTER VIII : ANNUAL LEAVE WITH WAGES Every worker who has worked for at least 240 days in a year will be eligible for WITH WAGES Every worker who has worked for at least 240 days in a year will be eligible for leave with wages as under if an adult, one day for every twenty days of work performed if a child, leave with wages as under if an adult, one day for every twenty days of work performed if a child, one day for every fifteen days of work performed This is exclusive of all holidays Such leave is one day for every fifteen days of work performed This is exclusive of all holidays Such leave is encashable in case of retirement, resignation, death, disablement leave that may be carried forward encashable in case of retirement, resignation, death, disablement leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child Fifteen days notice is required for sanction and availing leave (30 days in public utility) Can be Fifteen days notice is required for sanction and availing leave (30 days in public utility) Can be availed upto three times in a year Un availed leave cannot be adjusted against notice period for availed upto three times in a year Un availed leave cannot be adjusted against notice period for dismissal/discharge Such leave shall be with full pay

dismissal/discharge Such leave shall be with full pay 99th ILO annual Conference elects officers

99th ILO annual Conference elects officers

RELATED INFORMATION RELATED INFORMATION Elsewher

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•

• Media centre: 99th International Labour Conference (2010)Media centre: 99th International Labour Conference (2010) Type

Type Press releasePress release Date is

Date issued sued 02 June 201002 June 2010 Referen

Referencece ILO/10/25ILO/10/25 Unit responsible

Unit responsible Communication and Public InformationCommunication and Public Information Subjects

Subjects International Labour ConferenceInternational Labour Conference Other languages

Other languages FrançaisFrançais ••EspañolEspañol GENEVA (ILO News) – The

GENEVA (ILO News) – The 99th Session of the International Labour Conference99th Session of the International Labour Conference, which will run, which will run

here till 18 June, opened today and elected as its President Mr Gilles de Robien, Government

delegate of France.

The French representative called on delegates to follow-up on the dynamics of the ILO Jobs

Summit in 2009 “at a time when we face a kind of crisis after the crisis”. Referring to the

forthcoming French presidency of the G 20 and the G 8, he expressed the hope that the conference

discussions will “inspire the G 20, particularly with respect to promoting the values of tripartism

and social dialogue.”

The Conference elected as Vice-Presidents Ms Norma Powell (Employers) from Haiti, Mr Shigeru

Nakaji

Nakajima (Worma (Workers) fkers) from Jrom Japan, and Mapan, and Mr Robert r Robert Nkili (Nkili (GovernGovernments) fments) from Crom Camerooameroon.n.

Ms Powell is Vice-President of the Association of Industries of Haiti (ADIH). Mr Nkili is the

Minister of Labour and Social Security of Cameroon and Chairperson of the Labour and Social

Affairs Commission of the African Union. Mr Shigeru Nakajima is Adviser to the Japanese Trade

Union Confederation (JTUC-RENGO) on International Affairs.

The Conference will draw some 4,000 delegates and advisers, including government

representatives and leaders of workers’ and employers’ organizations from the ILO’s 183 member

States. Each member State has the right to send four delegates to the Conference: two from

government and one each representing workers and employers, each of whom may speak and vote

independently.

Staff List/ILO's Staff List/ILO's

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Below is a list of current Industrial Liaison Officers. Click on an officer's name to learn more about Below is a list of current Industrial Liaison Officers. Click on an officer's name to learn more about who they are and what their role is at the ILP.

who they are and what their role is at the ILP. Neena B

Neena Buck uck - Senior Industrial Liaison Officer - Senior Industrial Liaison Officer Stephen Cruickshank

Stephen Cruickshank - Senior Industrial Liaison Officer - Senior Industrial Liaison Officer Pablo deTorres

Pablo deTorres- Senior Industrial Liaison Officer - Senior Industrial Liaison Officer Jeffrey Freilich

Jeffrey Freilich- Senior Industrial Liaison Officer - Senior Industrial Liaison Officer James Gado

James Gado- Associate Director, Corporate Relations- Associate Director, Corporate Relations Todd Glickman

Todd Glickman- Associate Director, Corporate Relations- Associate Director, Corporate Relations Kenneth Goldman

Kenneth Goldman- Manager of Corporate Relations- Manager of Corporate Relations Sheryl Greenberg

Sheryl Greenberg- Senior Industrial Liaison Officer - Senior Industrial Liaison Officer Charles Hsu

Charles Hsu- Senior Industrial Liaison Officer - Senior Industrial Liaison Officer Robert Karp

Robert Karp- Senior Industrial Liaison Officer - Senior Industrial Liaison Officer Anthony Knopp

Anthony Knopp- Senior Industrial Liaison Officer - Senior Industrial Liaison Officer Karl Koster

Karl Koster - Executive Director of Corporate Relations/ILP- Executive Director of Corporate Relations/ILP Rachel Oberai-Soltz

Rachel Oberai-Soltz- Associate Director, Corporate Relations- Associate Director, Corporate Relations Gregory Ornatowski

Gregory Ornatowski- Senior Associate Director, Corporate Relations / Director, MIT Japan Office- Senior Associate Director, Corporate Relations / Director, MIT Japan Office Neil R

Neil Rodbergodberg- Senior Industrial Liaison Officer - Senior Industrial Liaison Officer Irwin Winkler

Irwin Winkler - Senior Industrial Liaison Officer - Senior Industrial Liaison Officer Randall Wright