Write a note on the working hours of adult workers with special reference to welfare Provisions under the Factories Act.
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Question: Write a note on the working hours of adult workers with special reference to welfare Provisions under the Factories Act.Find the question and answer of Labour Law only on Legal Bites. [Write a note on the working hours of adult workers with special reference to welfare Provisions under the Factories Act.]AnswerThe Factories Act, 1948 prescribes the working hours of adult workers in factories, as well as the welfare provisions that employers are required to provide for the benefit...
Question: Write a note on the working hours of adult workers with special reference to welfare Provisions under the Factories Act.
Find the question and answer of Labour Law only on Legal Bites. [Write a note on the working hours of adult workers with special reference to welfare Provisions under the Factories Act.]
Answer
The Factories Act, 1948 prescribes the working hours of adult workers in factories, as well as the welfare provisions that employers are required to provide for the benefit of their workers.
According to Section 51 of the Act, no adult worker is allowed to work in a factory for more than nine hours a day, or 48 hours a week. In addition, no worker is allowed to work for more than five hours without a period of rest of at least half an hour. Furthermore, every worker is entitled to at least one day of rest in every seven-day period.
As per sections 51(2) and 54(3) of the Factories Act, an adult worker shall not be employed for more than 48 (forty-eight) hours in a week and not more than 9 (nine) hours in a day. An obligatory rest of at least 30 minutes between each period of work and such a period of work will not surpass five hours. Total time of work including rest interval can’t be more than 10.5 hours. The Chief Inspector may by giving an explanation in writing increment the workday time up to twelve hours. As per the Minimum Wages Act, 1948 the working day of a worker shall be arranged in such a way that inclusive of the interval of rest it will not surpass 12 hours on any day. The State Governments have the power to make rules in respect of adult workers in factories and to make exemptions to the above-mentioned rules.
Nonetheless, the total number of hours of work in a week, including extra time, will not surpass sixty and the total number of hours of overtime will not surpass fifty for any one quarter. The employer needs to ensure that no worker works over 10 days without a rest day of 24 hours. Henceforth, if the worker is approached to work on a weekly holiday, he ought to have a full holiday on one of three days immediately or after the normal day of the holiday.
The Factories Act puts a limitation on double employment and overlapping of shifts. No worker is permitted to work in any factory on any day on which he has just been working in some other factory. If a worker’s shift extends beyond midnight, a holiday of a whole day means 24 consecutive hours beginning when his shift ends must be provided to him.
The Act also provides for additional welfare provisions for the benefit of workers. Under Section 59, every factory is required to provide adequate and suitable facilities for the welfare of its workers, including:
- Drinking water: Clean and wholesome drinking water must be provided for workers, with at least one drinking water point for every 150 workers.
- Latrines and urinals: Sufficient and clean latrines and urinals must be provided for workers, with at least one latrine for every 25 male workers, and one latrine for every 25 female workers.
- Spittoons: Sufficient spittoons must be provided and regularly cleaned to prevent the spread of diseases.
- Lighting: Adequate lighting must be provided in all areas of the factory to ensure the safety and comfort of workers.
- Ventilation: Proper ventilation must be provided to prevent the accumulation of noxious gases, dust or other impurities.
- First aid facilities: Adequate first aid facilities, including first aid boxes and trained medical personnel, must be provided for workers in case of an emergency.
- Canteen: If there are 250 or more workers in a factory, a canteen must be provided, and it must meet certain requirements, including hygiene and cleanliness.
In addition to these provisions, the Act also prescribes penalties for non-compliance with these provisions. Under Section 92, any employer who contravenes any provision of the Act or any rule made thereunder shall be punishable with imprisonment for a term which may extend to two years, or with a fine which may extend to Rs. 1 lakh, or with both.
The working hours of adult workers in factories are regulated by the Factories Act, 1948, which also provides for various welfare provisions to ensure the safety and well-being of workers. Employers are required to comply with these provisions, failing which they may be subject to penalties.