Brief Notes on Factories Act 1948 F 0 B 7 Who is a worker?
• a person employed in any manufacturing process or cleaning or any work incidental to manufacturing process. It includes persons employed through contractor. [section 2(l)].
F 0 B 7 Who is the occupier?
• the person who has ultimate control over the affairs of factory. It includes a partner in case of firm and director in case of a company. In case of Government company, 'occupier' need not be a director. In that case, person appointed to manage affairs of the factory shall be occupier‘. [section 2(n)]. Name of 'occupier' of the factory should be informed to Factories Inspector. The 'occupier' will be held responsible if provisions of Factories Act are not complied with. He has to give notice 15 days before he begins to occupy the premises as a factory, giving details as prescribed in section 7.
F 0 B 7 Duties of the occupier…
• The occupier shall ensure, as far as possible, health, safety and welfare of workers while they are working in factory. [section 7A].
F 0 B 7 Restrictions on employment of women?
• A woman worker cannot be employed beyond the hours 6 a.m. to 7.00 pm. State Government can grant exemption to any factory or group or class of factories, but no woman can be permitted to work during 10 PM to 5 AM. Shift change can be only after weekly or other holiday and not in between. [section 66].
F 0 B 7 Record of the workmen…
• A register (muster roll) of all workers should be maintained. No worker should be permitted to work unless his name is in the register. Record of overtime is also required to be maintained. [section 62].
F 0 B 7 Earned leave to the worker…
• A worker is entitled in every calendar year annual leave with wages at the rate of one day for every 20 days of work performed in the previous calendar year, provided that he had worked for 240 days.
• Child worker is entitled to one day per every 15 days. While calculating 240 days, earned leave, maternity leave upto 12 weeks and lay off days will be considered,
F 0 B 7 Leave to worker…
• Leave can be accumulated upto 30 days in case of adult and 40 days in case of child. Leave admissible is exclusive of holidays occurring during or at either end of the leave period. Wage for period must be paid before leave begins, if leave is for 4 or more days. [section 81]. Leave cannot be taken for more than three times in a year.
F 0 B 7 Child below age of 14 cannot be employed. [section 67]. Child above 14 but below 15 years of age can be employed only for 4.5 hours per day or during the night. [section 71]. He should be certified fit by a certifying surgeon. [section 68]. He cannot be employed
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