20-08-2012, 02:00 PM
LABOUR LAWS
labour laws.docx (Size: 237.7 KB / Downloads: 153)
INTRODUCTION
The establishment of the first cotton mill in 1851 in Bombay and the first jute mill in Bengal in 1855 was the beginning of factory system in India. Although the factory system was a major achievement in the industrial production in India, it also introduced many unfair labor practices with regard to working conditions. There were many demands from different corners in India for legislation on the working conditions in factories during the second half of the 19th century.
Apart from the poor working conditions, employment of children below six years of age and their working hours from sunrise to sunset were also considered seriously deplorable by the society. During this early period of factory system, there was no practice of weekly holidays with wages. Leave without wages was granted to the workers only by way of favor. The policy of the Government was, however, not to interfere with the working in the factories because it provided a significant source of revenue. However, as the public opinion grew stronger against the pathetic working conditions in the factories, the first Factories Act was passed in the year 1881 for regulating the working conditions of labor in factories. It was not a comprehensive legislation, but merely provided for protection of children working in factories and certain health and safety measures. It did not contain much for the women workers nor made adequate provisions on the restraint on the working hours.
This Act was largely amended in the year 1891 after the report of enquiry made by the Bombay Factory Commission and Factory Labor Commission in 1884. According to this Act, Factory was defined to mean any premises in which 50 or more workers were working and the local Governments were empowered to extend the provisions of this Act also to the premises where 20 or more workers were working. The Act restricted the employment of women during night and prohibited employment of children below nine years of age. For the first time, the working hours for children, in the age group of nine to fourteen, were restricted to seven hours a day. The audit workers were granted half an hour's rest interval during a shift and a weekly holiday. The Act was further amended in the year 1911 and 1934. The experience revealed that the protective provisions of the Act were also necessary for the smaller industrial establishments and the Act needed drastic overhauling. Hence, an entirely new Act relating to factory workers was passed in the year 1948 amending and consolidating the provisions of the earlier Acts.
INSPECTORS
Inspectors are the administrative authorities appointed by the State Governments with the primary duty to ensure that the provisions of the Factories Act are complied with by the Occupiers. They are appointed for specified local areas and are deemed to be Public servant under the Indian Penal Code.
The nomenclature of their designation has been changed long back in some states. They are now called Asst. Directors, Industrial Health and Safety, However, for the sake of convenience they are called factory inspectors only.
EMPLOYMENT OF YOUNG PERSONS
• No child who has not completed his fourteenth year shall be allowed or required to work in any factory.
• A child who has completed his fourteenth year or an adolescent shall be allowed to work only if a certificate of fitness is granted to him by the Certifying Surgeon and he carries; token showing the reference to the same while at work.
• Fitness certificate shall be granted to any child by the Certifying surgeon on the application of the child or his parent, which shall be also signed by the Manager of the factory.
• Fees payable for the certificate shall be borne by the Occupier of the factory and the certificate shall be valid for a period of twelve months only. It may be revoked or renewed by the Certifying surgeon at any time.
• If the certificate is granted with certain conditions regarding the nature of work to be done by the child, the same shall be strictly followed.
• An adolescent who has been granted the certificate of fitness and who carries a token with him to that effect at work shall be deemed to be an adult worker for all purposes under the Act.
• No adolescent who has attained the age seventeen years and has been granted a certificate of fitness to work in a factory as adult, shall be required or allowed to work from 7,00 p.m. to 6.00 a.m.
• The State Government may grant exemptions in the working hours of young person’s but no exemption shall be granted in the case of any female adolescent worker to authorize her working between 10.00 p.m. and 5.00 a.m.
• No child shall be required or allowed to work in any factory during the night and for more than four and half hours in any day.
labour laws.docx (Size: 237.7 KB / Downloads: 153)
INTRODUCTION
The establishment of the first cotton mill in 1851 in Bombay and the first jute mill in Bengal in 1855 was the beginning of factory system in India. Although the factory system was a major achievement in the industrial production in India, it also introduced many unfair labor practices with regard to working conditions. There were many demands from different corners in India for legislation on the working conditions in factories during the second half of the 19th century.
Apart from the poor working conditions, employment of children below six years of age and their working hours from sunrise to sunset were also considered seriously deplorable by the society. During this early period of factory system, there was no practice of weekly holidays with wages. Leave without wages was granted to the workers only by way of favor. The policy of the Government was, however, not to interfere with the working in the factories because it provided a significant source of revenue. However, as the public opinion grew stronger against the pathetic working conditions in the factories, the first Factories Act was passed in the year 1881 for regulating the working conditions of labor in factories. It was not a comprehensive legislation, but merely provided for protection of children working in factories and certain health and safety measures. It did not contain much for the women workers nor made adequate provisions on the restraint on the working hours.
This Act was largely amended in the year 1891 after the report of enquiry made by the Bombay Factory Commission and Factory Labor Commission in 1884. According to this Act, Factory was defined to mean any premises in which 50 or more workers were working and the local Governments were empowered to extend the provisions of this Act also to the premises where 20 or more workers were working. The Act restricted the employment of women during night and prohibited employment of children below nine years of age. For the first time, the working hours for children, in the age group of nine to fourteen, were restricted to seven hours a day. The audit workers were granted half an hour's rest interval during a shift and a weekly holiday. The Act was further amended in the year 1911 and 1934. The experience revealed that the protective provisions of the Act were also necessary for the smaller industrial establishments and the Act needed drastic overhauling. Hence, an entirely new Act relating to factory workers was passed in the year 1948 amending and consolidating the provisions of the earlier Acts.
INSPECTORS
Inspectors are the administrative authorities appointed by the State Governments with the primary duty to ensure that the provisions of the Factories Act are complied with by the Occupiers. They are appointed for specified local areas and are deemed to be Public servant under the Indian Penal Code.
The nomenclature of their designation has been changed long back in some states. They are now called Asst. Directors, Industrial Health and Safety, However, for the sake of convenience they are called factory inspectors only.
EMPLOYMENT OF YOUNG PERSONS
• No child who has not completed his fourteenth year shall be allowed or required to work in any factory.
• A child who has completed his fourteenth year or an adolescent shall be allowed to work only if a certificate of fitness is granted to him by the Certifying Surgeon and he carries; token showing the reference to the same while at work.
• Fitness certificate shall be granted to any child by the Certifying surgeon on the application of the child or his parent, which shall be also signed by the Manager of the factory.
• Fees payable for the certificate shall be borne by the Occupier of the factory and the certificate shall be valid for a period of twelve months only. It may be revoked or renewed by the Certifying surgeon at any time.
• If the certificate is granted with certain conditions regarding the nature of work to be done by the child, the same shall be strictly followed.
• An adolescent who has been granted the certificate of fitness and who carries a token with him to that effect at work shall be deemed to be an adult worker for all purposes under the Act.
• No adolescent who has attained the age seventeen years and has been granted a certificate of fitness to work in a factory as adult, shall be required or allowed to work from 7,00 p.m. to 6.00 a.m.
• The State Government may grant exemptions in the working hours of young person’s but no exemption shall be granted in the case of any female adolescent worker to authorize her working between 10.00 p.m. and 5.00 a.m.
• No child shall be required or allowed to work in any factory during the night and for more than four and half hours in any day.