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Factories Act-1948, Bonus Act
& Trade Union Act
-Hareesh M
2014600120
Factories Act includes:
Health
Safety
Welfare
Working Hours Of Adults
Annual Leave With wages
Definitions:
“Factory” is defined in section 2(m) of the Act. It means any
premises including the precincts thereof-
a) Whereon 10 or more workers are working, or were working on
any day of the preceding 12 months, and in any part of which
a manufacturing process is being carried on with the aid of
power, or is ordinarily so carried on; or
b) Whereon 20 or more workers are working, or were working on
any day of the preceding 12 months, and in any part of which
a manufacturing process is being carried on without the aid
of power, or is ordinarily so carried on.
But does not include a mine subject to the operation of the Mines
Act, 1952 or a mobile unit belonging to the Armed forces of the
Union, a railway running shed or a hotel, restaurant or eating
place.
Objectives:
The main objective of Factories Act, 1948 is to ensure adequate safety
measures and to promote the health and safety and welfare of the
workers employed in factories. The act also makes provisions regarding
employment of women and young persons (including children &
adolescents), annual leave with wages etc.
The Act extended to whole of India including Jammu & Kashmir and
covers all manufacturing processes and establishments falling within
the definitions of “factory” as defined u/s 2(m) of the act. Unless
otherwise provided it is also applicable to factories belonging to
Central/State Government (section 116)
Provisions Regarding Health:
1) Cleanliness
2) Disposal of Wastes & Effluents
3) Ventilations & Temperature
4) Dust & Fumes
5) Lighting
6) Drinking Water
Provisions Regarding Safety:
1) Fencing of Machinery
2) Prohibition of Employment of Women & Children near Cotton
openers
3) Protection of Eyesprecautions against Dangerous Fumes,
Gases & others
4) Safety of Buildings and machines
5) Safety officers
Provisions Regarding Welfare of Workers
1) Facilities for Sitting
2) First Aid facilities
3) Canteens, Shelters, Rest Rooms & Lunch Rooms
4) Welfare Officers
Hazardous Processes
Provisions regarding Hazardous Process were instructed in
the Act under a new chapter by the Factories (Amendment)
Act, 1987.
1) Constitution of Site Appraisal Committee
2) Compulsory Disclosure of Information
3) Special Responsibility of the occupier in relation to
Hazardous processes:
4) Providing for medical examination of every worker at
intervals
Working Hours of Adults:
•Weekly Hours: < 48 hours
•Weekly Holidays : at least 1 holiday in a week ,
substitute holidays
•Compensatory Holidays
•Daily Hours : < 9 hours
•Restriction on employment of women & children : Work
between 6 a.m. to 7 p.m. only
•Strictly restriction for women for employment between 10
p.m. to 5 a.m.
10
INDIAN BONUS ACT – 1965
11
Bonus - History
• The practice of paying bonus in India appears to have
originated during First World War when certain textile mills
granted 10% of wages as war bonus to their workers in 1917.
• In certain cases of industrial disputes demand for payment
of bonus was also included. In 1950, the Full Bench of the
Labour Appellate evolved a formula for determination of
bonus.
• An Act to provide for the payment of bonus to persons
employed in certain establishments on the basis of profits or
on the basis of production or productivity and for matters
connected therewith.
12
Bonus - Applicability
(a) Every factory (as def. in Factories Act), & (b) Every other establishment
in which 20 or more persons (less than 20 but 10 or more if appropriate
Govt. notifies) are employed on any day subject to certain exemptions.
(b) Bonus to be paid within eight months from the expiry of the
accounting year.
13
Bonus –
Eligibility
Every employee shall be
entitled to be paid by his
employer in an accounting
year, bonus, in accordance
with the provisions of this
Act, provided he has
worked in the
establishment for not less
than thirty working days in
that year.
Disqualification
for bonus
An employee shall be
disqualified from receiving
bonus under this Act :-
(a) fraud; or
(b) riotous or violent
behavior while on the
premises of the
establishment; or
(c) theft, misappropriation
or sabotage of any property
of the establishment
14
Payment of minimum & Maximum bonus
• A minimum bonus which shall be 8.33 per cent of the salary or
wage earned by the employee during the accounting year.
• Where in respect of any accounting year referred to in section
10, the allocable surplus exceeds the amount of maximum
bonus payable to the employees. be bound to pay to every
employee in respect of that accounting; year bonus which shall
be an amount in proportion to the salary or wage earned by the
employee during the accounting year subject to a maximum of
20 per cent, of such salary or wage.
15
RIGHTS OF EMPLOYEES
• Right to claim bonus payable under the Act and to make an
application to the Government, for the recovery of bonus due
and unpaid, within one year of its becoming due.
• Right to refer any dispute to the Labour Court/Tribunal.
• Employees, to whom the Payment of Bonus Act does not
apply, cannot raise a dispute regarding bonus under the
Industrial Disputes Act.
16
Employees not eligible for Bonus
Nothing in this Act shall apply to –
(i) Employees employed by any insurer carrying on general insurance
business and the employees employed by the Life Insurance
Corporation of India;
(ii) Sea men
(iii) Employees employed by an establishment engaged in any industry
carried on by or under the authority of any department of the Central
Government or a State Government or a Local authority;
(iv) Employees employed through contractor on building operations;
(v) Employees employed by --
(a) the Indian Red Cross Society or any other institution of a like nature
(including its branches);
(b) universities and other educational institutions;
17
OFFENCES AND PENALTIES
• For contravention of the provisions of the Act or rules the penalty is
imprisonment upto 6 months, or fine up to Rs.1000, or both.
• For failure to comply with the directions or requisitions made the penalty
is imprisonment upto 6 months, or fine up to Rs.1000, or both.
• In case of offences by companies, firms, body corporate or association of
individuals, its director, partner or a principal officer responsible for the
conduct of its business, shall be deemed to be guilty of that offence,
unless the person concerned proves that the offence was committed
without his knowledge or that he exercised all due diligence
18
OBJECTIVE:
Registration of TU
-Conditions
-Obligations
-rights and Liabilities
 Prior to 20th century, trade union activities were
considered unlawful.
 In 1920, Madras, the leaders of trade union of binny
& co. were imprisoned for bonafide trade union
activities.
 Therefore, to protect them, Trade union Act 1926 was
enacted and came into force with effect from 1st
June, 1927.
 Apply to only those unions registered under it.
 Act extends to the whole of India except the State of
Jammu & Kashmir.
19
• Any “combination”(and not associations) whether
temporary or permanent.
• Purpose is to regulate relations between:
-workmen and employers;
-workmen and workmen; or
-employers and employers
20
21
• Objects on which general funds may be spent
• Constitution of a separate fund for political
purposes
• Criminal conspiracy in trade disputes
• Immunity from civil suit in certain cases
• Enforceability of agreements
• Right to inspect books of Trade Union
• Rights of minors to membership of Trade Unions
22
23
Factories act,bonus act,trade union act presentation-hareesh

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Factories act,bonus act,trade union act presentation-hareesh

  • 1. Factories Act-1948, Bonus Act & Trade Union Act -Hareesh M 2014600120
  • 2. Factories Act includes: Health Safety Welfare Working Hours Of Adults Annual Leave With wages
  • 3. Definitions: “Factory” is defined in section 2(m) of the Act. It means any premises including the precincts thereof- a) Whereon 10 or more workers are working, or were working on any day of the preceding 12 months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on; or b) Whereon 20 or more workers are working, or were working on any day of the preceding 12 months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on. But does not include a mine subject to the operation of the Mines Act, 1952 or a mobile unit belonging to the Armed forces of the Union, a railway running shed or a hotel, restaurant or eating place.
  • 4. Objectives: The main objective of Factories Act, 1948 is to ensure adequate safety measures and to promote the health and safety and welfare of the workers employed in factories. The act also makes provisions regarding employment of women and young persons (including children & adolescents), annual leave with wages etc. The Act extended to whole of India including Jammu & Kashmir and covers all manufacturing processes and establishments falling within the definitions of “factory” as defined u/s 2(m) of the act. Unless otherwise provided it is also applicable to factories belonging to Central/State Government (section 116)
  • 5. Provisions Regarding Health: 1) Cleanliness 2) Disposal of Wastes & Effluents 3) Ventilations & Temperature 4) Dust & Fumes 5) Lighting 6) Drinking Water
  • 6. Provisions Regarding Safety: 1) Fencing of Machinery 2) Prohibition of Employment of Women & Children near Cotton openers 3) Protection of Eyesprecautions against Dangerous Fumes, Gases & others 4) Safety of Buildings and machines 5) Safety officers
  • 7. Provisions Regarding Welfare of Workers 1) Facilities for Sitting 2) First Aid facilities 3) Canteens, Shelters, Rest Rooms & Lunch Rooms 4) Welfare Officers
  • 8. Hazardous Processes Provisions regarding Hazardous Process were instructed in the Act under a new chapter by the Factories (Amendment) Act, 1987. 1) Constitution of Site Appraisal Committee 2) Compulsory Disclosure of Information 3) Special Responsibility of the occupier in relation to Hazardous processes: 4) Providing for medical examination of every worker at intervals
  • 9. Working Hours of Adults: •Weekly Hours: < 48 hours •Weekly Holidays : at least 1 holiday in a week , substitute holidays •Compensatory Holidays •Daily Hours : < 9 hours •Restriction on employment of women & children : Work between 6 a.m. to 7 p.m. only •Strictly restriction for women for employment between 10 p.m. to 5 a.m.
  • 11. 11 Bonus - History • The practice of paying bonus in India appears to have originated during First World War when certain textile mills granted 10% of wages as war bonus to their workers in 1917. • In certain cases of industrial disputes demand for payment of bonus was also included. In 1950, the Full Bench of the Labour Appellate evolved a formula for determination of bonus. • An Act to provide for the payment of bonus to persons employed in certain establishments on the basis of profits or on the basis of production or productivity and for matters connected therewith.
  • 12. 12 Bonus - Applicability (a) Every factory (as def. in Factories Act), & (b) Every other establishment in which 20 or more persons (less than 20 but 10 or more if appropriate Govt. notifies) are employed on any day subject to certain exemptions. (b) Bonus to be paid within eight months from the expiry of the accounting year.
  • 13. 13 Bonus – Eligibility Every employee shall be entitled to be paid by his employer in an accounting year, bonus, in accordance with the provisions of this Act, provided he has worked in the establishment for not less than thirty working days in that year. Disqualification for bonus An employee shall be disqualified from receiving bonus under this Act :- (a) fraud; or (b) riotous or violent behavior while on the premises of the establishment; or (c) theft, misappropriation or sabotage of any property of the establishment
  • 14. 14 Payment of minimum & Maximum bonus • A minimum bonus which shall be 8.33 per cent of the salary or wage earned by the employee during the accounting year. • Where in respect of any accounting year referred to in section 10, the allocable surplus exceeds the amount of maximum bonus payable to the employees. be bound to pay to every employee in respect of that accounting; year bonus which shall be an amount in proportion to the salary or wage earned by the employee during the accounting year subject to a maximum of 20 per cent, of such salary or wage.
  • 15. 15 RIGHTS OF EMPLOYEES • Right to claim bonus payable under the Act and to make an application to the Government, for the recovery of bonus due and unpaid, within one year of its becoming due. • Right to refer any dispute to the Labour Court/Tribunal. • Employees, to whom the Payment of Bonus Act does not apply, cannot raise a dispute regarding bonus under the Industrial Disputes Act.
  • 16. 16 Employees not eligible for Bonus Nothing in this Act shall apply to – (i) Employees employed by any insurer carrying on general insurance business and the employees employed by the Life Insurance Corporation of India; (ii) Sea men (iii) Employees employed by an establishment engaged in any industry carried on by or under the authority of any department of the Central Government or a State Government or a Local authority; (iv) Employees employed through contractor on building operations; (v) Employees employed by -- (a) the Indian Red Cross Society or any other institution of a like nature (including its branches); (b) universities and other educational institutions;
  • 17. 17 OFFENCES AND PENALTIES • For contravention of the provisions of the Act or rules the penalty is imprisonment upto 6 months, or fine up to Rs.1000, or both. • For failure to comply with the directions or requisitions made the penalty is imprisonment upto 6 months, or fine up to Rs.1000, or both. • In case of offences by companies, firms, body corporate or association of individuals, its director, partner or a principal officer responsible for the conduct of its business, shall be deemed to be guilty of that offence, unless the person concerned proves that the offence was committed without his knowledge or that he exercised all due diligence
  • 19.  Prior to 20th century, trade union activities were considered unlawful.  In 1920, Madras, the leaders of trade union of binny & co. were imprisoned for bonafide trade union activities.  Therefore, to protect them, Trade union Act 1926 was enacted and came into force with effect from 1st June, 1927.  Apply to only those unions registered under it.  Act extends to the whole of India except the State of Jammu & Kashmir. 19
  • 20. • Any “combination”(and not associations) whether temporary or permanent. • Purpose is to regulate relations between: -workmen and employers; -workmen and workmen; or -employers and employers 20
  • 21. 21
  • 22. • Objects on which general funds may be spent • Constitution of a separate fund for political purposes • Criminal conspiracy in trade disputes • Immunity from civil suit in certain cases • Enforceability of agreements • Right to inspect books of Trade Union • Rights of minors to membership of Trade Unions 22
  • 23. 23