Working  Hours Under Factories Act – Notes

working-hours

 

Labour is an important element of industry labor cannot be ignored for the capital the amount the labor shell do more work the procedure shall be increased in the same amount but the labor cannot be made to do tremendous labors. This may decrease the efficiency of the laborer. The working hours and periods of rest are required to be determined. It is the reason that section 51 to 66 of the factories act 1948 mention provision regarding the working hours.

Section 51 Under Working Hours: Weekly hours

No adult employee shall be needed or allowed to figure in an exceedingly manufactory for quite xlviii hours in any week.

Section 52 Under Working Hours: Weekly holidays 

  1. No adult employee shall be needed or allowed to figure in an exceedingly manufactory on the primary day of the week (hereinafter noted because of the same day), unless:
    • He has or can have a vacation for a full day on one in each of the 3 days forthwith before or once the same day, and
    • The manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier:
      • He has delivered a notice at the workplace of the Inspector of his intention to want the employee to figure on the same day and of the day that is to be substituted
      • Displayed a notice thereto impact within the factory:
    • PROVIDED that no substitution shall be created which is able to lead to any employee operating for quite 10 days consecutively while not a vacation for a full day.
  2. Notices given under sub-section (1) may be canceled by a notice delivered at the office of the Inspector and a notice displayed in the factory not later than the day before the same day or the vacation to be off, whichever is earlier.
  3. Where, in accordance with the provisions of sub-section (1), any employee works on the same day and has had a vacation on one in each of the 3 days forthwith before it, that same day shall, for the aim of shrewd his weekly hours of labor, be enclosed within the preceding week.

Section 53 Under Working Hours: Compensatory holidays

  1. Where, as a result of the passing of associate order or the creating of a rule beneath the provisions of this Act exempting a manufactory or the staff in that from the provisions of section fifty two, a worker is deprived of any of the weekly holidays for which provision is made in sub-section (1) of that section, he shall be allowed, at intervals the month within which the vacations were thanks to him or at intervals the 2 months forthwith following that month, antagonistic holidays of equal range to the vacations thus lost.
  2. The regime might visit the style within which the vacations that provision is created in sub-section (1) shall be allowed.

Section 54 Under Working Hours: Daily hours

Subject to the provisions of section fifty-one, no adult employee shall be needed or allowed to figure in an exceedingly manufactory for quite 9 hours in any day: PROVIDED that, subject to the previous approval of the Chief Inspector, the daily maximum specified in this section may be exceeded in order to facilitate the change of shifts.

Section 55 Under Working Hours: Intervals for rest

  1. The amounts of work of adult staff in an exceedingly manufactory day after day shall be thus fastened that no period shall exceed 5 hours which no employee shall work for quite 5 hours before he has had an associated interval for remainder of a minimum of the associated hour.
  2. The regime or, subject to the management of the regime, the Chief Inspector, may, by written order and for the reasons specified therein, exempt any factory from the provisions of sub-section (1) thus but that the full range of hours worked by an employee while not associate interval doesn’t exceed six.

Section 56 Under Working Hours: Spread over

The periods of labor of associate adult employee in an exceedingly manufactory shall be thus organized that inclusive of his intervals for rest beneath section fifty-five, they shall not spread over more than 10 and an hour in any day: Provided that the Chief Inspector might, for reasons to be laid out in writing, increase the spread over up to twelve hours.

Section 57 Under Working Hours: Night shifts

Where an employee in an exceedingly manufactory works on a shift that extends on the far side time of day:

  1. For the needs of sections fifty-two and fifty-three, a vacation for a full day shall mean in his case an amount of 24 consecutive hours starting once his shift ends.
  2. The subsequent day for him shall be deemed to be the amount of solar day starting once such shift ends, and the hours he has worked after midnight shall be counted in the previous day.

Section 58 Under Working Hours: Prohibition of overlapping shifts

  1. Work shall not be carried on in any manufactory by suggests that of a system of shifts thus organized that quite one relay of staff is engaged in work of the same kind at the same time.
  2. The regime or subject to the management of the regime, the Chief Inspector, may, by written order and for the reasons specified therein, exempt on such conditions as is also deemed expedient, any factory or class or description of factories or any department or section of a factory or any category or description of workers therein from the provisions of sub-section (1).

Section 59 Under Working Hours: Extra wages for overtime

  1. Wherever an employee works in an exceedingly manufactory for quite 9 hours in any day or for quite xlviii hours in any week, he shall, in respect of overtime work, be entitled to wages at the speed of doubly his standard rate of wages.
  2. For the needs of sub-section (1), “ordinary rate of wages” suggests that the essential wages and such allowances, together with the certificate of indebtedness of the advantage accruing through the concessional sale to the staff of food grains and different articles, because the employee is for the nonce entitled to, however, doesn’t embody a bonus and wages for overtime work.
  3. Where any workers in a factory are paid on a piece-rate basis, the time rate shall be deemed to be equivalent to the daily average of their full-time earnings for the times on that, they really worked on the constant or identical job throughout the month at once preceding the period throughout that the overtime work was done, and such time rates shall be deemed to be the normal rates of wages of these workers:

PROVIDED that within the case of an employee WHO has not worked within the at once preceding period on the constant or identical job, the time rate shall be deemed to be such as the daily average of the earning of the employee for the times on that he really worked within the week during which the overtime work was done.

Explanation: For the purposes of this subsection in computing the earnings for the days on which the worker actually worked such allowances, including the cash equivalent of the advantage accruing through the concessional sale to the staff of food grains and different articles, because the employee is for the nonce entitled to, shall be included but any bonus or wages for overtime work collectible in regard to the amount with regard to that the earnings are being computed shall be excluded.[(4) The certificate of indebtedness of the advantage accruing through the concessional sale to an employee of food grains and different articles shall be computed as typically as is also prescribed on the idea of the utmost amount of food grains and other articles admissible to a standard family.

Explanation 1: “Standard family” suggests that a family consisting of the employee, his or her significant other and 2 youngsters below the age of fourteen years requiring all told 3 adult consumption units.

Explanation 2: “Adult consumption unit” suggests that the consumption unit of a male on top of the age of fourteen years, and also the consumption unit of a feminine on top of the age of fourteen years which of a toddler below the age of fourteen years shall be calculated at the rates of .8 and .6 severally of 1 adult consumption unit.

The State Government may make rules prescribing:

  • The manner in which the cash equivalent of the advantage accruing through the concessional sale to a worker of food grains and other articles shall be computed; and
    (6) the registers that shall be maintained in a factory for the purpose of securing compliance with the provisions of this section.

Section 60 Under Working Hours: Restriction on double employment

No adult employee shall be needed or allowed to figure in any works on any day on that he has already been operating in the other works, save in such circumstances as may be prescribed.

Section 61 Under Working Hours: Notice of periods of work for adults

  1. There shall be displayed and properly maintained in each work in accordance with the provisions of sub-section (2) of section 108, a notice of periods of labor for adults, showing clearly for each day the periods throughout that adult staff is also needed to figure.
  2. The periods shown in the notice required by subsection (1) shall be fixed beforehand in accordance with the following provisions of this section, and shall be such that workers working for those periods wouldn’t be operating in dispute of any of the provisions of sections fifty-one, 52, 54, [55, 56 and 58.].
  3. Wherever all the adult staff during a works ar needed to figure throughout constant, periods, the manager of the factory shall fix those periods for such workers generally.
  4. Wherever all the adult staff during a works don’t seem to be needed to figure throughout constant periods, the manager of the works shall classify them into teams in step with the nature of their work indicating the amount of staff in every cluster.
  5. For every cluster that isn’t needed to figure on a system of shifts, the manager of the factory shall fix the periods during which the group may be required to work.
  6. Wherever any cluster is needed to figure on a system of shifts and also the relays don’t seem to be subject to planned periodical changes of shifts, the manager of the works shall fix the periods throughout that every relay of the cluster is also needed to figure.
  7. Wherever any cluster is to figure on a system of shifts and also the relays ar to be subject to planned periodical changes of shifts, the manager of the factory shall draw up a theme of shifts wherever below the periods throughout that any relay of the cluster is also needed to figure and also the relay which is able to be operating at any time of the day shall be acknowledged for any day.
  8. The State Government may prescribe forms of the notice required by subsection (1) and the manner in which it shall be maintained.
  9. Within the case of works starting work when the commencement of this Act, a copy of the notice referred to in sub-section (1) shall be sent in duplicate to the Inspector before the day on that work is begun within the works.
  10. Any projected amendment within the system of labor in any works which is able to necessitate an amendment within the notice cited in subsection (1) shall be notified to the inspector in duplicate before the change is made, and except with the previous sanction of the Inspector, no such change shall be made until one week has elapsed since the last change.

Section 62 Under Working Hours: Register of adult workers

  1. The manager of each industrial plant shall maintain a register of adult employees, to be obtainable to the Inspector the least bit times throughout operating hours, or once any work is being carried on in the factory, showing
    • The name of every adult employee within the factory
    • The nature of his work
    • The cluster, if any, in which he is included
    • Wherever his cluster works on shifts, the relay to which he is allotted
    • Such other particulars as may be prescribed.

PROVIDED that, if the Inspector is of opinion that any muster roll or register maintained as part of the routine of a factory gives in respect of any or all the employees within the industrial plant the particulars needed underneath these sections, he may, by order in writing, direct that such muster roll or register shall to the corresponding extent be maintained in situ of, and be treated as, the register of adult workers in that factory.

  1. No adult employee shall be needed or allowed to figure in any industrial plant unless his name and different particulars are entered within the register of adult employees.
  2. The regime could bring down the shape of the register of adult employees, the manner in which it shall be maintained and the period for which it shall be preserved.

Section 63 Under Working Hours:

Hours of labor to correspond with notice underneath section sixty-one and register underneath section sixty-two. No adult employee shall be needed or allowed to figure in any industrial plant otherwise than in accordance with the notice of periods of labor for adults displayed within the industrial plant and the entries created beforehand against his name within the register of adult employees of the industrial plant.

Section 64 Under Working Hours: Power to make exempting rules

  1. The regime could create rules process the persons UN agency hold positions of oversight or management or area unit utilized in an exceedingly confidential position in an exceedingly industrial plant or empowering the Chief Inspector to declare a person, aside from someone outlined by such rules, as someone holding position of oversight or management or utilized in an exceedingly confidential position in an industrial plant if, within the opinion of the Chief Inspector, such person holds such position or is thus employed, and therefore the provisions of this Chapter, aside from the provisions of clause (b) of sub-section (1) of section 66 and of the proviso to that sub-section, shall not apply to any person so defined (or declared). PROVIDED that a person thus outlined or declared shall, wherever the normal rate of wages of such person does not exceed the wage limits per sub-section (6) of section 1 of the Payment of Wages Act, 1936 (4 of 1936), as amended from time to time, be entitled to extra wages in respect of overtime work under section 59.
  2. The regime could create rules in respect of adult employees in factories providing for the exemption, to such extent and subject to such conditions as could also be prescribed:
    • Of employees acting on imperative repairs, from the provisions of sections 51, 52, 54, 55 and 56;
    • Of employees engaged in add the character of preparative or complementary work that should essentially be carried on outside the boundaries set down for the overall operating of the industrial plant, from the provisions of sections 51, 54, 55, and 56.
    • Of employees engaged in work that is essentially thus intermittent that the intervals throughout that they are doing not work whereas on duty commonly quantity to over the intervals for rest required by or under section 55, from the provisions of sections 51, 54, 55 and 56.
    • Of employees engaged in any work that for technical reasons should be carried on incessantly from the provisions of sections fifty-one, 52, 54, 55, and 56;
    • Of employees engaged in creating or provision articles of prime necessity that should be created or provided a day, from the provisions of section fifty-one and section 52.
    • Of employees engaged in an exceedingly producing method that can’t be carried on except throughout mounted seasons, from the provisions of section f51, section 52 and section 54.
    • Of employees engaged in an exceedingly producing method that can’t be carried on except every now and then passionate about the irregular action of natural forces, from the provisions of section 52 and 55.
    • Of employees engaged in engine-rooms or boiler-houses or in going to power-plant or transmission machinery, from the provisions of section fifty-one and section 52.
    • Of employees engaged within the printing of newspapers, UN agency area unit delayed on account of the breakdown of machinery, from the provisions of sections 51, 54 and 56.
    • Explanation: During this clause, the expression “newspapers” has the which means assigned thereto within the Press and Registration of Books Act, 1867 (25 of 1867);
    • Of employees engaged within the loading or unloading of railway wagons, or lorries or trucks, from the provisions of sections 51, 52, 54, 55 and 56.
    • Of employees engaged in any work, that is notified by the regime within the Official Gazette as a piece of national importance, from the provisions of section 51, section 52, section 54, section 51 and section 56.
  3. Rules made under sub-section (2) providing for any exemption may also provide for any consequential exemption from the provisions of section 61 which the State Government may deem to be expedient, subject to such conditions as it may prescribe.
  4. In creating rules underneath this section, the State Government shall not exceed, except in respect of exemption under clause (a) of sub-section (2), the following limits of work inclusive of overtime:
    • The entire variety of hours of labor in any day shall not exceed ten.
    • The spread over, inclusive of intervals for rest, shall not exceed twelve hours in any one day: PROVIDED that the government could, in respect of any or all of the classes of employees noted in clause (d) of sub-section (2), build rules prescribing the circumstances in which, and therefore the conditions subject to that, the restrictions obligatory by clause (i) and clause (ii) shall not apply so as to change a shift employee to figure the whole or a part of a resulting shift within the absence of an employee World Health Organization has didn’t report for duty.
    • The entire range of hours of labor during a week, including overtime, shall not exceed sixty.
    • The entire range of hours of overtime shall not exceed fifty for anybody quarter. Explanation: “Quarter” means that an amount of 3 consecutive months starting on the first of January, the 1st of April, the 1st of July or the 1st of October.
  5. Rules created below this section shall stay effective for less than five years.

Section 65 Under Working Hours: Power to make exempting orders

  1. Wherever the government is happy that owing to the nature of the work carried on or to other circumstances, it is unreasonable to require that the periods of work of an adult worker in any factory or class or description of factories should be fixed beforehand, it may, by written order, relax or modify the provisions of section 61 in respect of such staff during this, to such extent and in such manner because it might imagine work, and subject to such conditions because it might view as expedient to ensure control over periods of work.
  2. The govt. or, subject to the management of the government, the Chief Inspector might, by written order exempt, on such conditions because it or he might reckon expedient, any or all of the adult workers in any factory or group or a class or description of factories from any or all of the provisions of section 51, 52, fifty-four Associate in Nursingd fifty six on the bottom that the exemption is needed to change the manufacturing plant or factories to handle an exceptional press of labor. Any exemption granted under sub-section (2) shall be subject to the following conditions, namely:
    • The entire range of hours of labor in any day shall not exceed twelve;
    • The spread over, inclusive of intervals for rest, shall not exceed thirteen hours in any one day;
    • The entire range of hours of labor in any week, including overtime, shall not exceed sixty;
    • No employee shall be allowed to figure overtime, for over seven days at a stretch and therefore the total range of hours of overtime add any quarter shall not exceed seventy-five.

Explanation: In this sub-section “quarter” has the same meaning as in subsection (4) of section 64.

Section 66 Under Working Hours: Further restrictions on the employment of women

  1. The provisions of this Chapter shall, in their application to women in factories, be supplemented by the following further restrictions, namely:
    • No exemption from the provisions of section 54 is also granted in respect of any woman;
    • No lady shall be required or allowed to figure in any factory except between the hours of 6 A.M. and 7 P.M. PROVIDED that the govt. may, by notification within the Official Gazette, in respect of any industrial plant or cluster or category or description of factories, vary the boundaries arranged down in clause (b), however, so no such variation shall authorize the utilization of any lady between the hours of ten P.M. and 5 A.M.
    • There shall be no modification of shifts except when a weekly vacation or the other vacation.
  2. The government could build rules providing for the exemption from the restrictions kicked off in sub-section (1), to such extent and subject to such conditions as it may prescribe, of ladies operating in fish-curing or fish-canning factories, wherever the use of ladies on the far side the hours laid out in the same restrictions is important to stop injury to or deterioration in, any raw material.
  3. The rules made under sub-section (2) shall remain in force for not more than three years at a time.

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