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CORE COURSE - XIII
LEGAL ASPECTS OF HOSPITAL MANAGEMENT
UNIT – 1 (LABOUR LAWS)
CHAPTER – 1
INDUSTRIAL DISPUTE ACT 1947
OBJECTIVES:
Promotion of measures of securing, preserving Industrial harmony Settlement of disputes between 1- Employer – Workman 2- Employer - Employer 3- Workman – Workman Rights of Registered Trade Union Prevention of illegal- Strike; Lockout Promotion of collective bargaining INDUSTRIAL DISPUTE: Any dispute or difference between a) Employers and Employers b)Employees and Workmen c)Workmen and Workman. Disputes may be connected with Employment/Non employment a) Terms of employment b) Conditions of labour [demand has to be made by workmen] WORKMAN: Any person employed for any Industry for includes Manual, Skilled, Unskilled and Discharged (Technical, operational Retrenched Clerical/supervisory (up to Rs. 1,600/-) STRIKE & LOCKOUT: Cessation of work by a Temporary closing of place body of persons of employment [workman], Refusal by employer to concerted refusal to continue to employ work and Duration & Time of Strike -immaterial a) Strike: Sec. 2(q) defines a strike as follows: i. the cessation of work by a body of persons employed in any industry acting in combination; or ii. A concerted refusal or a refusal under a common understanding of any number of persons who are or have been, so employed to continue to work or accept employment. General prohibition of strikes : No group of workman may strike in the following 3 situations: (a) during the pendency of conciliation proceedings before a Board and seven days after the conclusion of such proceedings; (b) during the pendency of proceedings before 122[a Labor Court, Tribunal or National Tribunal] and two months, after the conclusion of such proceedings; [(bb) during the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued under sub-section (3A) of section l0A; or] (c) During any period in which a settlement or award is in operation, in respect of any of the matters covered by the settlement or award. b) PENALTIES: Penalty for illegal strikes (Sec 26): Any workman, who commences, continues or otherwise acts in furtherance of a strike which is illegal under this Act, shall be punishable, with imprisonment for a term which may extend to 1 month, or with fine which may extend to Rs. 50, or with both.
Penalty for instigation of illegal strikes (sec. 27): Any person who instigates or incites others to take part on an illegal strike in punishable with imprisonment for a term upto 6 months., or a fine upto Rs. 1000, or with both. Penalty for giving financial aid to illegal strikes (sec. 28): Any person who knowingly expends or applies any money in direct support of an illegal strike is punishable with imprisonment for a term upto 6 mths., or a fine upto Rs. 1000, or with both. Case Studies:1. Lakshmi Devi Sugar Mills vs. Ram Sarup (1957-I LLJ. 17 S.C.) – sudden concerted stoppage of work. – strikers cannot be exempted from the consequences. – employers has the right to suspend the striking workmen. c) LOCK-OUTS A lock-out means: the closing of a place of employment; or the suspension of work; or the refusal by an employer to continue to employ any number of persons employed by him. It means the closure of the place of business and not closure of business itself. Lock-out is usually used by the employer as a weapon of collective bargaining. ILLEGAL LOCK-OUTS: Penalty for illegal lock-outs: An illegal lock-out is punishable for a term extending to 1 month or with fine up to Rs. 1000 or with both. Penalty for instigation of illegal lock-outs An illegal lock-out is punishable with imprisonment for a term which may extend to 6 months or a fine up to Rs. 1000 or with both. Case Studies:- North book Jute Co. Ltd. Vs. Their Workmen Indian Cork Mills (P) vs. Their Workmen d) LAY OFF RETRENCHMENT Failure by employer, Termination of service by to provide employer for any reason employment within Exceptions- Disciplinary 2hours of presenting dismissal, Superannuation, himself for work VRS Condition - Conditions 50% wages 3 months` Notice Period or Pay Prior approval of Govt. i) Lay – off: Section 2 (KK) of the Act defines lay – off as “ the failure, refusal or inability of an employer on account of shortage of coal & power or raw material or the accumulation of stocks or the breakdown of machinery or for any other reason to give employment to a workmen whose name is borne on the muster roll of his industrial establishment & who has not been retrenched.” Lay – off provisions of the Act: i) Sec, 2 (m) of the Factories Act, 1948 (ii) Sec. 2 (i) of Mines Act, 1952. (iii) Sec. 2 (f) of Plantation Labour Act, 1951. In Industrial undertaking where lay – off provisions apply, only those workmen will be entitled to lay – off compensation. A workman is entitled for compensation for all days of lay – off unless there is an agreement to the contrary between him & the employer to the limit of 45 days in a year. No compensation shall be paid to the workmen: i) If he refuses to accept any alternative employment in the same establishment (ii) If he does not present himself for work at the establishment at appointed time during working hours at least once a day (iii) If such laying – off is due to strike or slowing down of production on the part of workmen. If a workman has been laid – off by his employer due to shortage of power or natural calamity; the appropriate government makes an enquiry if he thinks fit; If the authority does not communicate the permission within 2 months; With the employer then lay – off is deemed to be granted. If the appropriate government
construction work. If the appropriate government does not communicate the permission within period of 2 months from the application date – The permission applied for shall be deemed to have been granted on the expiration of the said period of 2 months. If the permission for closure is refused – The closure of the undertaking shall be deemed to be ill – legal. Dispute Resolution : “A wider perspective: not only court enforcement, mediation and arbitration, but also “co-regulation” and “self-regulation” (e.g. industry delivers codes of practice, overseen by Ombudsman; consumer panels…). INDUSTRIAL DISPUTE RESOLUTION MECHANISM: Industrial Undertaking 1-Works Committee 2-Conciliation officer 3-CG/State Govt. Board 4-Labour court 5-Tribunal 6-Arbitral Tribunal 7-AWARD Dispute Resolution Machinery: Workers’ Participation in Management Collective Bargaining Tripartite Bodies Code of Discipline Standing Orders Preventive Machinery Settlement Machinery Dispute resolution framework Negotiation Voluntary settlement Mediation and conciliation Dispute resolution Institutional mechanisms Binding arbitration Ad hoc Proceedings in national court Conciliation: Conciliation or mediation signifies third party intervention in promoting the voluntary settlement of disputes. The International Labour Organisation has defined conciliation as: “The practice by which the services of a neutral third party are used in a dispute as a means of helping the disputing parties to reduce the extent of their differences and to arrive at an amicable settlement or agreed solution. It is a process of rational and orderly discussion of differences between the parties to a dispute under the guidance of a conciliator.” Arbitration : Voluntary arbitration became popular as a method of settling difference between workers and management with the advocacy Mahatma Gandhi, who had applied it very successfully in the Textile industry of Ahmedabad. However, voluntary arbitration was lent legal identity only in 1956 when Industrial Disputes Act, 1947 was amended to include a provision relating to it. On failure of conciliation proceedings, the conciliation officer may persuade the parties to refer the dispute to a voluntary arbitrator. Voluntary arbitration refers to getting the disputes settle through an independent person chosen by the parties involved mutually and voluntarily. National Commission on Labour (1969) identified following causes for the failure of voluntary arbitration: 1. Lack of arbitrators who command the confidence of the parties to the disputes. 2. Law
provides no appeal against the award given by arbitrator 3. Easy availability of adjudication on the failure of negotiation or conciliation 4. The absence of simplified procedure to followed in voluntary arbitration. Adjudication The reference of dispute to adjudication is voluntary when both parties agree to reference of dispute to adjudication at their own accord, and it is compulsory when reference is made to adjudication by the Government without the consent of either or both the parties to the dispute. The Industrial Disputes Act, 1947 provides a three-tier adjudication machinery comprising (i) Labour Courts, (ii) Industrial Tribunals, and (iii) National Tribunals i) Labour Courts : The Labour Courts can deal with disputes relating to: a) The propriety or legality of an order passed by an employer under the standing Orders. b) The application and interpretation of Standing Orders. c) Discharge and dismissal of workmen and grant of relief to them. d) Withdrawal of any statutory concession or privilege. e) Illegality or otherwise of any strike or lock-out f) All matters not specified in the third schedule of Industrial Disputes Act, 1947, ii) Industrial Tribunals
- Wages including the period and mode of payment
- Compensatory and other allowances.
- Hours of work and rest intervals
- Leave with wages and holidays
- Bonus, profit sharing, provident fund and gratuity.
- Shift working otherwise than in accordance with standing orders.
- Rules of discipline
- Rationalization
- Retrenchment
- Any other matter that may be prescribed. iii) National Tribunals : These tribunals are meant for those disputes which, as the name suggest, involve the questions of national importance or issues which are likely to affect the industrial establishments of more than one state, The employers and unions use adjudication as a primary measure of resolving disputes. About 90 to 95 per cent of disputes are referred to adjudication machinery on an average annually. However, the functioning of adjudication machinery has not been very satisfactory, particularly because of the delays involved and the inefficient implementation of the awards. By employers Unfair Labour Practices: To establish employer sponsored TU, To encourage discourage membership of any particular TU, To refuse promotion, refuse seniority, refuse increment/promotion, discharge or dismiss any worker taking part in any TU activity or as victimization, To abolish regular nature of work replacing by contractual, recruit workers – to break a strike and to refuse collective bargaining By employees/trade union: To advise or actively support or instigate – deemed illegal strike, To indulge in violation, coerce workmen, picketing by physically debarring non-striking workmen from working and to refuse to bargain collectively, To refuse or use coercion again scarification of bargaining representative, To gherao, stage dharna at the residence of employers or managerial
iii. The court trying the offence, if it fines the offender, may direct that the whole or any part of the fine realized from him shall be paid, by way of compensation, to any person who, in its opinion, has been injured by such breach. REVIEW QUESTIONS:
- Define: Workman and Industrial dispute.
- Write a short note on: strike, lock out & lay off.
- What are the roles of National Tribunal in resolution of industrial disputes.
- Elaborate on the industrial dispute mechanism. TRADE UNION Trade union certainly plays an important role in industrial relations. The advantages of trade union can be divided into the three: Advantages to Workers, Advantages to Employer and Advantages to Society. Advantages to Workers: promote unity, ensures improvement in working conditions and provision of better welfare facilities, spirit of self reliance and self respect, Change in employer’s attitude and Uniform Wages. Advantages to Employer: disputes can be avoided or may be solved amicably (harmoniously, politely) (continuous workflow), industrial peace (sense of resp. and loyalty), framing healthy labor policies (reduces chance of industrial disputes in future). Advantages to Society: gain sympathy of general public (in crisis, propose to the Government (to enact labor policies to protect and develop labor force of the country in a better way), development of industrial economy by maintaining good industrial relations It will result in higher and better production at lower costs. RIGHTS OF A TRADE UNION: It is a corporate body. The registered trade union is a corporate body under section 13 of the Act. It enjoys immunity (exemption) from criminal conspiracies. Section 17 of the Trade Union Act gives immunity to members and office bearers of registered trade unions from criminal conspiracy in connection with trade disputes. RIGHTS: The union can keep separate fund for political purposes. An agreement between the members of a registered trade union not to accept employment is valid (not void being agreement in restraint of trade). The union has a right to amalgamate to form a larger union. Members of the union have a right to inspect books. Any person who has attained the age of 15 years can become the member of the union. The union can enforce the performance of contracts. LIABILITIES OF TRADE UNION: The Act imposes duties and liabilities on registered trade unions. They are: a. CHANGE OF REGISTERED OFFICE: If the address is changed, notice in writing must be given to the Registrar within fourteen days of the change. The change shall be recorded in the Register. b. CHANGE OF NAME: Any registered trade union may change its name with the consent o not less than two third of the total number of its members and subject to the provisions of section 25. c) DISBURSEMENT OF THE TRADE UNION’S FUNDS: The registered union maintains two types of funds: General fund and Political fund.
The general funds of a registered trade union cannot be spent on objects other than those prescribed by the Act. These are as follows: Payment of salaries, allowances and expenses to its office bearers. Payment of expenses for its administration including audit of account, Expenses incurred during prosecuting or defending a legal action to which the union or any of its members is a party, when such prosecution or defense is undertaken for the purpose of securing or protecting any rights of the union or its members. Expenses incurred in the conduct of the trade disputes on behalf of the trade union or any member thereof. Compensation of members for loss arising out of trade disputes, allowances to members or their dependants on account of death, old age, sickness, accident or unemployment of such members and policies of assurance taken to insure members against sickness, accident or unemployment. The provision of educational, social or religious benefits for members or for the dependants of members, Expenses incurred for funeral or religious ceremonies of deceased members. The upkeep of a periodical published mainly for the purpose of discussing questions affecting employers or workmen as such. Any other object notified by the appropriate Government in the Official Gazette. The political funds of a registered trade union shall be used for the promotion of civil and political interests of its members or in furtherance of any of the objects specified below: The holding of any meeting or the distribution of any literature or documents in support of any such candidate. The registration of the electors on the selection of a candidate for election to any legislative body constituted under the constitution of any local authority, the holding of political meetings of any kind or the distribution of political literature or political documents of any kind. DISQUALIFICATION OF OFFICE BEARER OF TRADE UNION: A person shall be disqualified for being chosen as or being a member or an executive or an office bearer of a trade union under the following circumstances: If he has not attained the age of 18 years. If he has been convicted by a Court in India to any offence involving moral turpitude and sentenced to imprisonment by a Court in India, unless a period of 5 years has been elapsed since his release. However, any person shall not be disqualified as an office bearer if the offence does not involve moral turpitude. Punishment is only pecuniary. Disqualification is only for a temporary purpose. RECOGNITION OF TRADE UNIONS: Though the Indian Trade Union Act 1926 was amended in the year 1947 to include section 28-C to section 28-I, incorporating the provisions relating to recognition of a trade union, these provisions have not come into operation till date. RECOGNITION BY AGREEMENT (SECTION 28 C) : A trade union is deemed to be recognized when: i. The employer accepts o recognize a trade union by entering into a memorandum of agreement with the officers of the trade union or their authorized representatives and ii. The registrar records the memorandum in a register in prescribed manner. The trade union, as long as such agreement is in force, may exercise all the rights of a recognized trade union under this Act and either party there to on application made to the Registrar in the prescribed manner may revoke the agreement. CONDITIONS FOR RECOGNITION BY ORDER OF A LABOR COURT (SECTION 28 D): A Labor Court may grant recognition to a trade union by an order subject to fulfillment of certain
hundred of the workmen, whichever is less, should be employees in the establishment or industry with which it is connected. After application and before the registration of the Trade Union if some of the applicants (half or more of the total number of persons who made the application) withdraw membership of the Trade Union or give notice in writing to the Registrar disassociating themselves from the applications, then the registration is not given. Application for registration: (1) Every application for registration of a Trade Union shall be made to the Registrar and shall be accompanied by a copy of the rules of the Trade Union and a statement of the following particulars, namely: (a) the names, occupations and address of the members making application; (b) the name of the Trade Union and the address of its head office; and (c) the titles, names, ages, addresses and occupations of the office-bearers of the Trade Union. (2) If Trade Union has been in existence for more than one year before the making of an application for its registration then they shall deliver a general statement of the assets and liabilities of the Trade Union to the Registrar along with the application. Provisions in registration: A Trade Union shall not be entitled to registration under this Act, the rules provide the following matters, namely: a) the name of the Trade Union; (b) All the objectives for which the Trade Union has been established; (c) All the purposes for which the general funds of the Trade Union shall be used. (All should lawfully applicable under this Act) (d) The maintenance of a list of the members of the Trade Union and adequate facilities for the inspection thereof by the office-bearers and members of Trade Union; (e) Admission of ordinary members who shall be persons actually engaged or employed in an industry with which the Trade Union is connected and also the admission of the number of honorary (normally paid members for professional service) or temporary members as office-bearers to form the executive of the Trade Union; [(ee) The payment of a minimum subscription by members of the Trade Union which shall not be less than— (i) one rupee per annum for rural workers; (ii) three rupees per annum for workers in other unorganized sectors; and (iii) twelve rupees per annum for workers in any other case;] (f) Conditions of benefit or any fine to be imposed on the members; (g) The manner in which the rules shall be amended (changed) , varied (incorporation of number of different types of elements ) or rescinded (revoke or cancel); (h) The manner in which the members of the executive and office-bearers shall be elected and removed; (i) the safe custody of the funds of the Trade Union, an annual audit, in such manner as may be prescribed, of the accounts thereof, and adequate facilities for the inspection of the account books by the office-bearers and members of the Trade Union; and (j) The manner in which the Trade Union may be dissolved. Certificate of registration: The Registrar, on registering a Trade Union under section 8, shall issue a certificate of registration in the prescribed form which shall be conclusive evidence that the Trade Union has been duly registered under this Act. Cancellation of registration: — A certificate of registration of a Trade Union may be withdrawn or cancelled by the Registrar— (a) on the application of the Trade Union to be verified in such manner as may be prescribed; (b) if the Registrar is satisfied that the certificate has been obtained by fraud or mistake or that the Trade Union has ceased to exist or has willfully and after notice from the Registrar contravened any provision of this Act or allowed any rule to continue in force which is inconsistent with any such provision or has rescinded any rule providing for any matter provision for which is required by section 6; (c) if the Registrar is satisfied that a registered Trade Union of workmen ceases to have the requisite number of members Provided that not less than two months’
previous notice in writing specifying the ground on which it is proposed to withdraw or cancel the certificate shall be given by the Registrar to the Trade Union before the certificate is withdrawn or cancelled otherwise than on the application of the Trade Union. Limitations /Problems of Indian Trade Union: Predominance of small sized union, Rival union, Inadequate coverage, Weak financial position, Political domination, Absence of full-time office- bearers, Limited stress on welfare activates, More reliance on strikes and litigation, Absence of loyalty of workers to union and Lack of public sympathy. Remedial Measures to overcome the problem/Measure to strengthen the trade union movement in India: Maintaining Unity, Free from political influences, Worker’s Education, Adequacy of Funds, Welfare activities for workers, Maintaining Unity “Unity is strength “Unity among the trade unions can be maintained in different ways- All workers should join hands to form a single union to represent all their demands. All unions with different political affiliations should have one policy, one programme, one objective and one method of labour movement. Free from political influences: One way to strengthen the trade union movement is the provision of leaders from the rank of workers themselves. These union leaders should be full-time paid officers of the unions having qualities such as literature, responsible capacity, hardworking, cool in temper and patience. Leadership qualities among the workers can be developed through education and training. It is this realization that the Asian Trade Union college, at Kolkata is set up to train and educate young men particularly from the working class. Worker’s Education: It is the responsibility of TU to make the workers realize their responsibilities and inculcate discipline in them to perform their job satisfactorily and workers need to be taught- ”first deserve then desire”. Adequacy of Funds: On account of poor financial resources, the workers movement/strike did not prolong and ended in failure. Therefore, the maintenance of strike fund is a necessity. Strike pay can be given to the workers increasing their loyalty and the bargaining power. Welfare activities for workers: Provision of day School for their children, night school for adults, opening libraries, gymnasium co-operative sectors. These efforts make the workers loyal t the unions. REVIEW QUESTIONS:
- Define Trade Union. State the advantages of it.
- Explain the procedures for registration and cancellation of Trade Union.
- State in brief the problems in Trade Union. THE FACTORIES ACT, 1948 What is a factory? A premises whereon 10 or more persons are engaged if power is used, or 20 or more persons are engaged if power is not used, in a manufacturing process. [section 2(m)]. Objective of the Act: The Act has been enacted primarily with the object of protecting workers employed in factories against industrial and occupational hazards. For that purpose, it seeks to impose upon the owner or the occupier certain obligations to protect the workers and to secure for them employment in conditions conductive to their health and safety.
The number of workers likely to be employed in the factory; (i) Such other particulars as may be prescribed. General duties of the Occupier: Occupier shall ensure, the health, safety and welfare of all workers while they are at work in the factory. Every occupier shall prepare, a written statement of his general policy with respect to the health and safety of the workers. Bring such statement and any revision thereof to the notice of all the workers. The Inspecting Staff [Sec.8]: State government may appoint Chief Inspector, Additional Chief Inspectors, Joint Chief Inspectors, Deputy Chief Inspectors, and Inspectors. Prescribe their duties and qualifications. Every District Magistrate shall be an Inspector for his district. Every inspector is deemed to be a public servant within the meaning of the Indian Penal Code. Powers of Inspectors [sec.9]: Enter factory premises for investigation, Examine the premises, Inquire into any accident or dangerous occurrence, Require the production of any prescribed register or document, Seize, or take copies of, any register, record or other document, Take measurements and photographs and make such recordings, Exercise such other powers as may be prescribed, No person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself. Certifying Surgeon [Sec.10]: State Government may appoint qualified medical practitioners to be certifying surgeons, Duties of surgeons, (a) the examination and certification of young persons under this Act; (b) the examination of persons engaged in factories in such dangerous occupations or processes, (c) supervising the factories where: (i) cases of illness have occurred which are due to the nature of the manufacturing process or (ii) due to manufacturing process there is a likelihood of injury to the health of workers or (iii) young persons are employed in any work which is likely to cause injury to their health. Health Provisions [Sec.11-20]: Chapter III of Factories Act contains details regarding health of workers. Let us discuss these provisions. Cleanliness [sec.11] - The working conditions should be clean and safe. Clean the floor at least once a week by washing, or by some effective method. Effective means of drainage shall be provided. White wash every 14 weeks, Paint / varnish every 5 years Disposal of wastes and effluents [sec.12]: There should be proper arrangements or disposal of wastes and effluents. Follow state govt. rules… Ventilation & Temperature [sec.13]: Proper level of ventilation temperature and humidity must be maintained. Make provisions for reducing excess heat. Dust and fume [sec.14]: Effective measures should be taken to prevent inhalation or accumulation of dust & fume. If any exhaust appliance is necessary for, it shall be applied as near as possible to the point of origin of the dust, fume or other impurity. Artificial Humidification [sec.15]: Factories in which the humidity of the air is artificially increased (like in textile units), keep it in limits. The water used for artificial humidification to be clean. Overcrowding [Sec.16]: 4.2 cubic metres space per worker. While calculating this space, space above the worker beyond 4.2 meters will not be taken into account. Notice specifying the maximum number of workers, which can be employed in any work room shall be displayed in the premises.
Lighting [Sec17]: Sufficient & suitable lighting in every part of factory. There should natural lighting as far as possible. All glazed windows and skylights used for the lighting of the workroom shall be kept clean. Formation of shadows to such an extent as to cause eye- strain or the risk of accident to any worker shall be prevented. Drinking water [Sec.18]: There should be drinking water (wholesome water). Drinking points to be marked as drinking water. They should be at least 6 meters away from wash room/urinal/ latrine/spittoons. If >250 workers are working, then have cool water facility also. Latrines and Urinals [Sec.19]: There should be separate – for male and female. Proper cleaning should be there. Spittoons [Sec.20]: There should be sufficient number of spittoons. No person shall spit within the premises of a factory except in the Spittoons provided for the purpose Whoever spits in contravention shall be punishable with fine not exceeding five rupees. Safety of Worker [Sec.21-41]: Fencing of Machinery [Sec.21]: Every dangerous parts must be securely fenced. The State Government may by rules prescribe such further precautions. Machines in motions [Sec.22: Examination of machinery in motion only by a specially trained adult male worker wearing tight fitting clothing. No women or child should be allowed to work. Employment of young persons on dangerous machines [Sec.23]: No young person should be allowed to work on dangerous machines (unless he has been trained, and is under supervision). Young person = 14 to 18. Striking gears [Sec.24]: There should be suitable striking gears etc. to switch off the power, so that if there is any emergency, problem can be solved. Self acting machines [Sec.25]: Make sure that no person should walk in a space within 45 cm from any fixed structure which is not a part of machine. Casing of new machines [Sec.26]: All machinery driven by power & installed should be so sunk, encased or otherwise effectively guarded as to prevent danger. Cotton openers [Sec.27]: No women and children are allowed to work on cotton openers. Hoists and lifts [Sec.28]: Every hoist and lift should be in good condition, and properly checked. The maximum load it can carry – must be clearly mentioned. The gates should be locked by interlocking / safe method (it should not open in between). To be properly examined in every 6 months. Lifting machines, chains, ropes & lifting tackles [Sec.29]: Cranes & lifting machines, etc. to be of good construction & to be examined once in every 12 month. Cranes and lifting machines not to be loaded beyond safe working load. Cranes not to be approach within 6 metres of a place where any person is employed or working. Revolving machines [Sec.30]: Maximum safe speed must be mentioned for each machine. Speed indicated in notices should not to be exceeded. Pressure plant [Sec.31]: There should be safe working pressure on pressure plants. Effective measures should be taken to ensure that the safe working pressure is not exceeded.
Shelter, rest room, lunch room [Sec.47]: When 150 workers are working, there should be rest rooms, lunch room, etc. Such places should be having drinking water facilities etc. Creches [Sec.48]: If the number of women workers is more than 30, there should be the creches. It should be sufficiently lighted, ventilated & to be under the charge of trained women Welfare Officer [Sec.49]: If the number of workers is 500 or more, there should be a welfare officer to look after the welfare of the workers. In Nutshell: Crèche - > 30 women workers. Restroom / shelters and lunch room - > 150 workmen. Cooled drinking water - > 250 workers. Canteen - > 250 workers. Ambulance room – Doctor, Nurse and Dresser cum compounder - > 500 workers. Welfare officer - > 500 workers. Lady welfare officer - > more nos. of women workers. Working hours Of Adults: The rule as to the regulation of hours of work of adult workers in a factory and holidays. Working Hours: Sec.51-Weekly hours not more than 48 hours a week. Sec.52-First day of the week i.e. Sunday shall be a weekly holiday. Sec.53-Compensatory holidays. Where a weekly holiday is denied he shall be allowed to avail the compensatory holiday within a month. Working Hours: Sec.54-Daily working hours- no adult worker shall be allowed to work in a factory for more than nine hours in any day. Sec.55-Intervals for rest-no worker shall work for more than 5 hours before he has had an interval for rest of at least 1/2 an hour. Inspector may increase it upto six hours. Spread over[sec.56]: Inclusive of rest intervals they shall not spread over more than 10-1/ hours in any day. Inspector may increase the spread over up to 12 hours. Night Shifts [Sec.57]: If shift extends beyond midnight, a holiday for him will mean a period of 24 hours beginning when his shift ends. Prohibition Overlapping Shifts [Sec.58]: Work shall not be carried in any factory by means of system of shifts so arranged that more than one relay of workers is engaged in the work of same kind at the same time. Extra Wages for Overtime [Sec.59]: If workers work for more than 9 hours a day or more than 48 hour a week, extra wages should be given. Wages at twice the ordinary Rate. Restriction on Double Employment [Sec.60]: No worker is allowed to work in any factory on any day on which he has already been working in any other factory Notice of periods of work for Adult Workers [Sec.61]: Notice to be displayed at some conspicuous place. Periods to be fixed beforehand Classification of workers-Groups. Copy of Notice in Duplicate & any change to be sent to Inspector. Register of Adult Workers [Sec.62,63]: The manager should maintain Register of Adult workers showing- Name, Nature of work, The Group etc. Of each & every Adult Worker in the factory. The Register shall be available to the Inspector at all time during working hours. Employment of young persons: Prohibition of employment of young Children [Sec.67]: No child who has not completed his 14 th year allowed to work in Factory.
Non-Adult workers to Carry Tokens [Sec.68]: A child who has completed his 14 th year may be allowed to work in factory if:- a) a certificate of fitness for such work is in custody of manager of factory. b) Such child or adolescent carries, a token giving a reference to such Certificate. Certificate of fitness: Is a certificate issued by a certifying surgeon after examining him & ascertaining his fitness for work in factory. Valid for 12 Months. Revocation of Certificate by surgeon, if child is no longer fit. Fee payable by Employer:-Fee & Renewable Fee, Effect of Certificate of Fitness:-deemed to be an adult for the purpose of hours of work. Working Hours for Young persons [Sec.71,72]: Working Hours limited to 4-1/2, Not during Nights. Period of work limited to 2 shifts. Entitled to weekly Holidays. Female to work only between 6am to 7 pm. Fixation of periods of work beforehand. Register of Young persons: The manager should maintain Register of Adult workers showing- Name, Nature of work, The Group etc. Of each & every Adult Worker in the factory. The Register shall be available to the Inspector at all time during working hours. Power to require Medical Examination [Sec.73]: Inspector has the power to direct manager to have medical examination of young persons working in case- Young Persons working without License. They no longer seem to be Fit. Employment of Women: Prohibition of women workers at night shift. Women shall not be allowed to work in any factory except between the hours of 6 A.M. and 7 P.M. The inspector may relax this norm but prohibited between 10 P.M. and 5 A.M. Working hours not more than-weekly 48 hours & daily 9 hours. Annual Leave with Wages [Sec.78-84(Chapter- VIII)]:
- Leave Entitlement- One day for every 20/15 days of work performed in case of adult/Child who has worked for period of 240 days.
- Computation of Period of 240 days- The days of lay-off, maternity leave not exceeding 12 weeks,& earned leave in previous year should be included. 3)Discharge, Dismissal , Superannuation ,death , quitting of employment- He , his heir , nominee as the case may be entitled to wages.
- Treatment of Fraction of Leave:- Half day or more is treated as full while less than half is omitted.
- Treatment of Un-availed leave: Should be carried – forward to next calendar year but shall not exceed 30 in case of an adult & 40 in case of child.
- Application for leave to be made in writing within specified time.
- Scheme for grant of leave.
- Display of Scheme for grant of leave.
- Refusal of leave to be in accordance with Scheme
- Payment of wages to worker for leave period if he is discharged or if he quits service. Wages during leave period [sec.80]: Worker is entitled to wages at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the month immediately proceeding his leave.
CHAPTER - II
THE SHOPS & ESTABLISHMENTS ACT, 1953
Objectives: To provide statutory obligation and rights to employees and employers in the unorganized sector of employment, i.e., shops and establishments. To regulate the conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres and other places of public entertainment. Scope and Coverage: State legislation; each state has framed its own rules for the Act. Applicable to all persons employed in an establishment with or without wages, except the members of the employer's family. State government can exempt, either permanently or for a specified period, any establishments from all or any provisions of this Act. Main Provisions Compulsory registration of shop/establishment within thirty days of commencement of work. Communications of closure of the establishment within 15 days from the closing of the establishment. Lays down the hours of work per day and week. Lays down guidelines for spread-over, rest interval, opening and closing hours, closed days, national and religious holidays, overtime work. Rules for employment of children, young persons and women Lays down the minimum wages to be paid. Rules for annual leave, maternity leave, sickness and casual leave, etc. Rules for employment and termination of service. Maintenance of registers and records and display of notices. Obligations of employers. Obligations of employees. Registration of Establishment Employers must send a statement in prescribed form along with prescribed fee to Inspector of local area, within 30 days of the commencement of the establishment. The statement ‘d contain, i) name of employer or manager if any; ii) the postal address of the establishment; iii) category of the establishment; iv) any other particulars as may be prescribed. The establishment may then be registered if the Inspector id satisfied with the correctness of the statement and the Certificate of Registration is issued. Certificate of Registration should be prominently displayed at the premises of the establishment. Any change in the statement submitted to the Inspector must be notified in prescribed form within prescribed form. Closing of the establishment must also be notified to the Inspector within 10 days where upon such establishment may be removed from the registration of establishment and registration certificate is cancelled. Opening and Closing Time Opening and closing time prescribed under the act are as follows – Shops dealing wholly in milks, vegetables, fruits, fish, bread etc. Opening NBF 5.00am and Closing NLT 8.30 pm. Shops dealing in goods other than those prescribed above Opening: NBF
7.00am and Closing NLT 11.00pm. Commercial Establishments Opening: NBF 8.30am and Closing NLT 8.30pm. Customer who is being served r waiting to be served at closing time may be served within 15 min. Working Hours: No employee is allowed to work MT 9hrs in a day or for 48 hrs in a week. An employee may be allowed to work upto 3 hrs a week over and above this limit and upto 26 hrs or NMT 6 days in a year for purposes of making of accounts, stock taking settlements or prescribed occasions. No employee is allowed to work for more than 5 hrs at a stretch unless he is given rest for half an hour if in case of commercial establishment engaged in manufacturing process, and 1 hr in any other cases. The spread over of an employee in shop should not exceed 11 hrs on any day. 9 Closing Day: Every shop or commercial establishment should remain closed on any one day of the week. The list of closing days should be notified to the Inspector and displayed in the premises of the establishment. A shop or establishment may remain open on the notified closing day provided it remains closed on any other day of the week and this change should be notified to the Inspector atleast a week in advance. Pharmacists, Chemists and Druggists shops are exempted from these provisions relating to closing day. Employment of Children, Young person and Women: No Child (LT 14 yrs of age) may be allowed to work in an establishment. No young person (LT 17 yrs) is allowed to work in any establishment for MT 3 hrs in any day unless he has an interval of rest of at least half an hour. No young person or women is allowed to work before 1.00am and after 7.00 pm in any establishment and to perform any such work as may be declared by the State Govt. to be involving danger of life, health or morale. Health and Safety: Premises should be clean and free from effluvia arising from any drain or privy or other nuisance and shall be cleaned at such times and by such methods as may be described which may include, lime washing, color washing, painting, varnishing, disinfecting and deodorizing. Every establishment should be well lighted and should also provide prescribed precautions against fire. A first aid box should be maintained at every establishment where manufacturing process is carried out. Leave: An employee who has worked for NLT 3 months in a year is allowed for leave NLT 5 days for every 60 days on which he has worked and for a period of NLT 21 days for every 240 days on which he works during an year. Such leave may be accumulated for a maximum of 63 days. In addition every employee is entitled to i) casual leave for 7 days a year; ii) medical leave for 7 days a year; iii) leave for NMT 4 days a year on any of national or festival holidays as specified by State Govt. These leaves are with wages. Wages: The provisions of payment of Wages Act, 1936 and the Workmen’s compensation Act, 1932 are applicable regarding the payment of wages of employees. The wages payment period should be fixed by every employer and should not exceed one month. All wages should be paid in cash within 7 days of expiry of the wage day. Due wages of an employee terminated by an employer should be paid within a day of the termination. Following deductions are allowed from the wages of the employees:
- Absence from duty
- Fines
- Advance or overpayment of wages
- House accommodation and other amnesties & services provided by the employer
