1) Washing and Sitting Facilities:• In every factory adequate and suitable separate washing, conveniently situated, should be provided and ,maintained for the use of both male and female workers.• The above facilities for the use of female workers should be adequately screened in order to provide privacy to female workers.• The state government is also empowered to prescribe in respect of any factory the standards and suitable for washing by framing rules (Section 42 ).
2) The Facilities Of First Aid Appliances and AmbulanceRoom:• The occupier of factory is required to provide the Abovefacilities for the workers in an emergency.• They should be readily accessible and equipped with theprescribed contents.• There should be minimum of one aid kit for every 150workers.• There should be a separate responsible person who holds acertificate in first aid treatment recognized by stategovernment and should be readily available to workersduring working hours of the factory.• An ambulance room of the prescribed size, equipment,qualified medical and nursing staff has to be provided inevery factory if there are more than 500 employees.
3) Canteen, Rest Room and Launch Rooms Facilities:• Canteen facilities has to be provided by the occupier ifthere are 250 and more employees.• If there are more than 150 employees then adequate andsuitable shifters/rest rooms/launch rooms with drinkingwater facilities where workers can eat meals should beprovided and maintained for the use of workers.• The rooms should be well ventilated and maintained incool and clean condition.• The rooms are to be constructed furnished with the rulesframed by the government.4) Crèches facilities:• In every factory where more than 30 women workers areemployed, rooms of adequate size, well lighted and
Ventilated, maintained in clean and sanitary condition are tobe provided for the use of children below 6 years of age ofwomen workers.5) The Appointment Of Welfare Officers:• The welfare officers look after the welfare of the workersand it is their primary duty.• If there are more than 50 employees in a factory it is theresponsibility of the occupier to appoint a welfare officer asprescribed by the state government in this respect.• The person appointed to the above post has to be fullyqualified and to do such duties as are imposed upon themunder the rules.
WORKING HOURS OF ADULT WORKERS1) Weekly and Daily Working Hours:• Section 51 and 54 contain general provisions regarding weekly and daily working hours.• According to section 51, no adults are required or allowed to work in a factory for more than 48 hours in a week. (Weekly Basis)• According to section 54, no adults are required or allowed to work in a factory for more than 9 hours in a day. (Daily Basis)• But in order to facilitate and adjust the change of shifts, the above restriction is applicable to ‘workers’ only as defined in the Act.
2) Weekly and Substituted Holidays:• Sec 52 Speaks about weekly holiday to the workers of thefactory.• An adult worker is not allowed or required to work in thefactory on the first day of the week i.e., Sunday.• But if it becomes necessary to make Sunday a working day,a substituted holiday is made compulsory.3) Compensatory Holidays:• Such workers who has been deprived of weekly holidayshould be allowed compensatory holidays of equal numberto the holidays so lost within the month in which theholidays were due to him or within a month immediatelyfollowing that month.
4) Intervals For Rest, Spread Over, Night Shifts andDouble Employment:• Every adult workers is to be allowed rest during workinghours of at least half an hour.• This interval is to break the working hours for themaximum of 5 hours at a stretch.• This period of 5 hours can be extended to 6 hours by thepermission of the state government or subject to the controlof state government by the chief Inspector on sufficientgrounds to be recorded in the permission order ( Sec 55, 56,57, 58 )5) Extra Wages For Over Time:• If a person needs to work in excess of the maximum hoursof work as prescribed under sec 51 and sec 54 is to be paidextra wages for overtime work done by him.
• Therefore, a person who works more than 48 hours in aweek or 9 hours a day is to be paid more i.e., twice theordinary rate of wages for the extra hours of the work doneby him.• Ordinary rate of wage = Basic wage + Allowances ( Cashequivalent or the advantage accruing through theconcessional sale of food grains and other articles) – Bonus.• Further, where any worker in the factory is employed on apiece rate basis, time rate wages admissible to worker in suchjobs shall be deemed to be equivalent to daily average wagesfor the piece-rated workers.6) Notice of Periods of Work For Adult Workers:• A notice in the prescribed form containing an abstract ofAct and rules framed there under, the name and address ofInspector and certifying surgeon is required to be displayed
In the factory.• The notice so displayed should indicate the period of workfor which an adult worker is required to work everyday in thefactory.• The notice shall be in English language and a languageunderstood by the majority of workers.• The intention behind the displaying of notice is that noworker is employed to work in contravention of sec 51, 52, 54,55, 56 and 58 of the Act.7) Section 66:• The Act provides for further restrictions on employment onwomen.• Thus, no exemption from the provision of sec. 54 relative todaily hours of work may be granted in respect of any women.
• No women shall be allowed or required to work in a factory,except between the hours of 6 am and 7 pm.• Except when the state government vary the limits laiddown.• So, however, there is absolute prohibition on employmentof women between the hours of 10 pm and 5pm.8) Power to make Exempting rules and orders:• The state government has been empowered to make rulesfor granting exemption from the restrictions imposed withregard to working hours of adults as enumerated above onsuch conditions as it may deem necessary.
EMPLOYMENT OF YOUNG PERSONSProhibition of Employment of Children andAdolescents:• No factory can employ any person unless he has completed14 years of age. (sec 67)• There is total prohibition in employing children below 14years of age.• With regard to adolescents i.e., above the age of 15 years butbelow 18 years, he too cannot be employed in the factoryunless, i) He as well as the manager of the factory are inpossession of certificates of fitness granted by the certifyingsurgeon and ii) The adolescent carries with him while at work atoken giving a reference to such certificate issued to him.(sec 68)
Effect Of Certificate Of Fitness Granted To Adolescents:• An adolescent who has been granted certificate of fitness towork as an adult in a factory by the certifying surgeon is tobe treated as an adult for the purposes of working hours andannual leave with wages.• But in case, such certificate has not been granted to him,then irrespective of his age of 17 years but has obtained acertificate of fitness to work in a factory as an adult shall berequired or allowed to work between 6 am and 7pm only.• However the state government may, by notification in theofficial Gazette, in respect of any factory or group or class ordescription of factories: i) Vary the limit laid down in this sub-section. So,however, that no such sub-section authorizes theemployment of any female adolescent between 10 pm and5am.
ii) Grant exemption from the provision of this sub-section in case of serious emergency where national interestis involved.Working Hours For Children:• The Act regulates the working hours for children above ageof 14 years as eligible for employment in a factory.• They can be employed for maximum hours of work lasting4-1/2 hours in a day.• The other prohibitions relating to their employment are: a) The period of work is to be limited to 2 shifts only. b) The shifts are not to overlap. c) The Spread-over is not to exceed 5 hours. d) The child is to be employed only in one relay. e) The spread-over is not to change except once in 30days.
f) There should be no double employment. g) No exemption from the provisions of section 52dealing with weekly holidays and h) Employment during night, i.e., between 10 pm and 6am is prohibited. ANNUAL LEAVE WITH WAGES1)Annual Leave With Wages:• Section 79 of the Act deals with the provisions of annualleave with wages.• The basis of calculation of the annual leave to which aworker would be entitled in a year is the earlier calendar year,during which he had worked in factory.
Qualifying Period: The minimum number of days which entitles a worker toearn leave is 240 during a calendar year, this period shouldinclude: i) The days of layoff which may be as a result of contract oragreement or as permissible under standing orders. ii) The leave earned in the year prior to that in which leaveis applied for and.., iii) In the case of female workers, maternity leave for anynumber of days not exceeding 12 weeks. If according to above computation, the total period comesto 240 days or more, then the worker in a factory would beentitled to leave with wages in the subsequent calendar yearfor a number of days calculated at the rate of:
Rate of Leave: i) In the case of adult, one day for 20 days of workperformed by him during the previous calendar year. ii) In the case of a child, one day for every 15 days of workperformed by him during the previous calendar year. iii) Unavailed leave. If a worker has not availed of a portion of his leave in onecalendar year, such remaining portion of leave shall becarried over and added to the leave to be allowed to him inthe succeeding calendar year, subject to the condition thatthe total number of days to be carried forward would notexceed: a) In the case of adult, 30 days b) In the case of child, 40 days
However, if the worker applied for leave with wages but suchleave was not granted to him in accordance with any schemedrawn up under the provision of this section, then in that caseleave refused shall be carried forward without any limit.2) Procedure For Availing Of Leave:• A person who wants to avail of leave is required to produce anapplication 15 days in advance except in case of public utilityconcern where the application has to be submitted 30 days inadvance to the manager.• The leave can be availed in 3 installments in a year at the most.• In case of illness, If the worker wants leave with wages , it is notnecessary for him to apply in advance.• The wages, in such cases, admissible to him are required to bepaid in advance within 15 days and in case of public utilityconcern, within 30 days from the date of application requestingfor grant of leave
3) Unavailed Leave and Notice Of Discharge andDismissal: The unavailed leave of worker shall not be taken intoconsideration in computing the period of any noticerequired to be given by the occupier before discharge ordismissal. ( sec 79 )4) Wages during Leave Period: The wages admissible to a worker during leave availedof by him under sec 78 or 79 are to be calculated inaccordance with sec 80 of the Act.5) Advance Payment Of Leave Wages: An adult worker who has been allowed leave for notless than 4 days and a child who has been allowed leave fornot less than 5 days, can claim payment in advance of leavewages admissible to him. (sec 81)
6) Mode Of Recovery Of Unpaid Wages:• Any sum required to be paid by an employer under theabove provisions but not paid by him to the workerconcerned, can be recovered by the worker under theprovisions of payment of wages Act, 1936. (sec 82)• Therefore, where wages are due to a worker for annual leaveand the employer makes a default in making payments, theycan be recovered under the provision of the above Act.7) Powers of The State Government: The state government is empowered to make rulesdirecting the managers of factories to keep registerscontaining such particulars as may be prescribed by it andsuch registers to be made available to Inspectors forexamination. (sec 83)