LABOUR:
A person who sells his product (service) for remuneration (wages) to earn his livelihood is called labour. The physical presence is felt. DEF:
Labour consists of all human effort of body or of mind which is undertaken in the expectation of reward. – S.E.THOMAS LABOUUR WELFARE:
Anything that is done for the betterment of physical and mental and economic well-being of Labour. Physical Mental
– health and safety – safe mental wellbeing
Economic – educational allowance DEF:
It indicates the condition of wellbeing happiness, satisfaction, conservation & development of human resource. –
LABOUR
WELFARE
COMMITTEE 1969 WELFARE:
It is classified into 3 (i) (ii) (iii)
Welfare within the premises: ( parking, washing, canteen, crèche, first aid room, labour welfare officer, provisions of safety ) Welfare outside the premises: (maternity benefit, educational loan, cooperative society, holiday homes, transport, library, etc.) Welfare of social security: social security can be provided social insurance & social assistance.
LABOUR WELF ARE I M PORTANC ORTANCE: E:
State / employer are interested in happiness of employee so they provide p rovide welfare measures that are expected by the employees, by providing welfare measures. So the employer & employee become become loyal to mgmt. and org. E.g. job security. security. In terms help in maintaining of industrial peace providing food, medical facility, and educational allowance, indirectly increase the real income of the employee. By providing labour welfare measures it helps greatly in labour turnover and absenteeism. absenteeism. By providing labour welfare facility it will go long way to better the physical, mental, wellbeing of the employee. F ACTORI ES ACT 1948 1948::
Factories Act is a comprehensiv comprehensivee act. It covers total total aspect of the industries, industries, health, safety and welfare working hours and annual leave with wages. FACTORY: Labour or workmen Production or maf. Process Power Machine
OBJECTIVES:
The main objectives of the factories act is (i) (ii)
To regulate working condition in factory The basic mini requirement for the safety, welfare & health of the factory workers are provided.
Besides the act envisages regulating the working hrs. leave hrs., working time, employment of the children, women & young persons, etc.
SCOPE COPE AN D COVERAGE:
It is extended to whole of India and is applicable to all factories including govt. factories. ADM I NI STRATI TRATI VE SETUP SETUP::
The state govt. is the chief admin. Authority that ensures the enforcement of factories acts in the state through the inspectorate. DEF:
Any premises where ten or more workmen are working in which maf. Process is being carried on with the aid of power or wherein 20 or more workers workers are working where the maf. Process is being carried out with the t he aid of power. – Sec Sec 2(m) WORKER:
Worker r labour is def. as any person employed directly or through any agency whether with the wages or not. M AF . PROCES PROCESS S:
“Electrical energy or any other forms of energy which is mechanically transmitted.” “Wide enough to include all activities in various stages of maf. Process “ ADULT:
A person who completed the age of 18 is called as an adult. ADOLESCENT:
Who belongs to 15-18 yrs. of age. CH I LD L ABOUR ABOUR::
A person below 14 yrs. of age.
YOUNG PERSON: PERSON:
Child and adolescent together called. OCCUPIERS:
The person who have ultimate control over the affairs of the factory. Sec Sec 6: License & registration of factory
renewal every yr. 15 days in advance
and the future plans plans power used and Sec Sec 8:
Appointment of the inspector. State govt. will appoint the inspector. Should have any direct contact with the factories or any other business that of the factory. In the absence of the inspector of factory the district magistrate acts as the inspector. Sec 9: 9: (POWER (POWER OF TH E I NSPECTOR) NSPECTOR) Entering with the assistance may be examination asking for the documents
and registers. Talking with the labour, workers and employees. Power to take and test the sample that is used r intended to be used to examine the effect of the health of the worker to check whether the act is properly implemented r not He is given proper guidance to the act.
Sec 10: (APPO (APPOII NTM ENT OF TH E CERTI F I ED SURGEON) SURGEON) State govt. appoints qualified and certified surgeon, he is the medical
practitioner. Examination and certification of young person Medical supervision in case of illness occurred during maf. Process Checking the condition of the work which has a likelihood of injuries to the workers To give fitness certificate to the
Sec Sec 11 – 20 20: H EALTH Sec 11: 11: (CL EA NL I NE SS) Sweeping the dirt from floor, benches, strains & passages. Painting the wall of the work room once in every 5 yrs. Washing the floor once in a week Painting the doors & window frames once in 5 yrs. Whitewash has to be done once in 14 months.
*all the dates have to be mentioned in the prescribed registers. registers.
Sec 12: 12: (DI SPOS POSAL OF WASTE WASTE & EF F LU ENCE) Proper arrangements have to be done to dispose the waste.
Sec 13 13: (VENTI LA TI ON & TEM PRETURE) PRETURE)
Adequate ventilation for the fresh air to circulate Temp. of the room could be maintained by covering the heart part of the machine or by showers & coolers State govt. has prescribed the reasonable temp. Sec 14: 14: (DU ST & F UM ES) Exhaust appliances has to be fixed as near as possible from the point of
origin of dust & fumes. Sec 15: (H UM I DI FI CATION) Pure water to be used for humidification purpose.
humidification limit. The state govt. has to prescribe humidification Sec 16: 16: (OV ERR CROW DY) Work room should not be over crowded & he workers should be given
adequate space for working. Distance b/w the person should be 14.2 cu.mtrs. Sec 17: 17: (LI GH TENI NG) Adequate & suitable lights to be provided in the work room Availability of natural & artificial lightening Glaring to be avoided to prevent accidents
Sec 18: 18: (DRI NK I NG WATE R) Providing drinking & marking made as drinking water in local language If the workers are more than 250, then the provision for providing cool water
during summer season. Drinking water should not be kept near toilets Gap b/w the working and drinking water area should be 6 ft. or 20 meters. Sec 19: 19: (CON SERV EN CY)
sanitary type to be provided. If 250 or more workers working, the prescribed sanitary
Every factory should provide and maintain adequate lighting & ventilation of
let ins & urinals There should be separate urinals for men and women & it should be in sufficient number. The height of the wall of the toilet room should be 90 cm of 3 ft. Sec 20: 20: (SPI (SPI TT OONS OON S) Sufficient number of spittoons are kept Spitting other than spittoons should be fixed up to Rs.5
Sec Sec 21 – 41: 41: SAF ETY Sec 21: 21: (SAF ETY ET Y M EA SURE S) Occupier responsible for the providing safety measures in the factory
Sec 22: 22: (F EN CI NG) Fencing all dangerous & moving pacts of machinery during motion.
Sec 23: 23: (WEARI NG TI GH T F I T COATS) COATS) Working near the machinery while in motion should be done especially by
trained adult male workers. Sufficient space should be there for worker to operate self-acting machines. Sec Sec 24: Women and young persons should not be allowed to clean and adjust the
machines when the machines are in motion No women r child is allowed in any pact of industry during the cotton in which pressing is in motion Sec Sec 25: Young persons should be allowed in work on the machine only after
scientific training & also under good supervision Sec Sec 26:
Sticking gas or any other device used for cutting of the power
Sec Sec 27: Driving belt should not rest up on shafting when it is in motion
Sec Sec 28: The hoist & life should be maintained in a good condition and the max. Load
it can occupy has to be mentioned. Sec Sec 29: All the floor steps, staircase, passages should be constructed will it should be
free from subsistence causing slippery. In such case provision for hand rails should be provided whenever necessary.
Sec Sec 30: Pits / other openings on the floor should be furnished.
Sec Sec 31: Goggles or any other safeguard equipment to be provided to those whose
work may cause injury. Sec Sec 32: No persons shall be allowed to work chamber or tanks containing dangerous
fumes without any suitable. Sec Sec 33: Means of escape in-case of fire accidents should be provided and it should be
marked in red color and also in language understood by majority employee understands. Sec Sec 34:
Moving part of self-acting machine should be more above 18 inches /
shifting / carrying / moving the goods which is likely to cause injury is prohibited and state state govt. has to prescribe the weight. weight. Sec Sec 35: Prohibitions of use of electrical lights with 5 voltages in confirm places like
chambers. Sec Sec 36: Preventing or prohibiting welding, soldering inside the tank / chambers that
contain explosive or inflammable gases. Sec Sec 37: Training the workers to use to means of escape in case of fire accidents
Sec Sec 38: Inspector training the workers to use fire extinguisher
Sec Sec 39: The inspector on the basis of safety of the building has to give in writing the
usage of the power. Sec Sec 40: The occupier has to appoint safety officer where 1000 or more workers are in
the opinion of the state govt. in maf. the product that is hazardous in nature. Sec Sec 41(A 41(A): ): If 1000 or more workers compulsory and safety officer has to be appointed.
Sec Sec 41(B 41(B): ): The employer compulsory has to disclose the information about maf. process
& plans of safety maintenance. Sec Sec 41 (C): (C) :
Responsibility of the occupier to maintain health records, chemical tony
substances used in the maf. process Sec Sec 41(D 41(D ): Power to central govt. to appoint enquiry committee
Sec Sec 41(E 41(E): ): Power to central govt.to lay emergency to standards of safety
Sec 41(F ): Fixing limits of exposure to chemical & toxic substance
Sec Sec 41(G): Workers participation in safety mgt. through safety committee.
Sec 41(H 41(H ): Rights giving to the workers to be warned about eminent damages to the
inspector of safety committed or the occupier through the notice.
Sec Sec 42 – 49: 49: WEL FA RE Sec 42: (WASH (WASH I NG FA CI L I TI ES) ES) Adequate, suitable & convenient place Kept clean & separately for men & women
Sec 43: 43: (FA CIL I TY FOR STORIN STORIN G AND D RYI RYI NG CLOTH S) Sec 44: (FACI L I TI ES F OR SI TTI NG) Seating arrangements for workers during rest hours If the chief inspector is off the opinion that this work can be done for sitting
for the workers has to be provided. Sec 45: 45: (F I RST RST AI D BOX ES AN D CAB OARDS) OARDS)
If more than 150 workers, the first aid boxes are provided with certain
contents in it. At least 1 box for every 150 workers It has to be readily available in every department There should be a trained person to use the first aid kit in all shifts If the no. of workers is more than 500 first aid room or ambulance room in Act has to be provided with medical & nursing staff If around 1.5 km there is a hospital then the company is not in need to provide ambulance ambulance room.
Sec 46( 46(CANTEE CANTEE N F ACI L I TY) If 250 or more workers employed there must be a canteen facility or canteen
has to be provided by the occupier. The state govt. has to make rules for the standard of the canteen in terms of construction, accommodation, furniture, food and the charges of food (subsiding rate). A canteen committee has to be appointed with representation of workers & mgt. Sec 47: 47: (REST, (REST, SH SH EL TER & LU NCH ROOM ROOM ) If 150 or more workers are there rest room & lunch room has to be provided
by the employer employer It has to be sufficiently lighted, ventilation & drinking water in cool & drinking condition. Where there is already a canteen, rest room & lunch room need not to be provided. Sec 48: 48: (CRECH E) If 30 or more women workers were employed, a suitable room has to be
provided for looking looking after their their children below below 6 yrs. A crèche shall be in charge of a women, the standard in resp. of crèche chairs, provision, milk, refreshment, refreshment, etc. has to be according to central govt. Sec 49 49: (APPOIN (APPOIN TM ENT OF TH E WEL F ARE OFF I CER) CER)
If 500 or more workers are employed, the state govt. has prescribed the
duties, qualification & service. He has to possess social service administration and MSW After appointment, the no. of workers comes down need not to abolish the post of welfare welfare officer. Sec 51-6 51-66: 6: (WORKI NG H OURSAN OURSAN D OT H ER PROVI SI ONS) ONS)
Working hrs. per day is 8 hrs. so weekly 48 hrs. total working hrs. is 9 hrs.1 hr. is for refreshment and lunch break. Rest interval ½ hr. of rest for every 5 hrs. wee ly holiday is 1 day in a week. Working on weekly holiday is allowed. If a person is asked to work on weekly holiday, he has to be given substitute holiday within 3 months. If he is asked to work on weekly holiday it should not result working for more than 10 days continuously. The rest intervals need not be given if the total intervals of work do not exceed more than 6 hrs. Maximum hrs. of work can be exceeded by getting prior permission from the chief inspector. Daily spread over should not exceed more than 10 ½ hrs. including rest intervals it can be 12 hrs. The spread over means the continuous presence of a worker in the factory. Women & children are prohibited for night shifts. Later it was allowed as by the amendment the women and children can be allowed in night shifts by providing transport, security guard and hostels. If they are employed in group of night shifts all facilities should be provided. Overlapping of shifts is not allowed. allowed. Double the wages for overtime overtime work. Restriction Restriction on double employment (sister concern). NOTI CE OF OF PERI PERI OD OF WORKI WORKI NG H OURS OURS:
The period of work has to be exhibited somewhere in notice. The rest interval period also been marked. There should not be any change in period of shift. Changes should be brought with the prior permission permission of chief inspector. Change should not be done frequently. REGI STER OF WORKERS: WORKERS: Sec Sec 62:
From 26 of factories Act says about the register of workers.
Notice of period of work hrs. has to be corresponded with register of the workers. Those workers whose name has not found in register shall not allow to work. Expectation can be given for the persons who hold position of management & supervision supervision for Sec 51 to 56. Exception can be given in the following aspects, Urgent repair Work carried out outside the factory premises Engine group & boiler houses Printing session Breakdown of machinery Loading & unloading workers
Whatever expectation is given there are certain restriction, The total no. of hrs. of the work should not exceed 60 hrs. The overtime in a quarter should not exceed 75 hrs. Overtime not more than 7 days at a stretch Rest intervals are given in timing in different departments.
Sec Sec 67 – 75: 75: (EM PLOYME NT OF YOUNG YOUNG PERSON) PERSON) Prohibition of employment of children below 14 yrs.
Non – adult adult workers have to carry a token or should have fitness certificate. Non – The certificate must be under the custody of the manager of the company.
PROC PROCEDURES EDURES F OR OBTAI NI NG F I TNESS TNESS CERTI CERTI FI CATE: The young person / the guardian has to make the application It should be forwarded by the manager of the factory & the certified surgeon
has to examine such person & issue fitness certificate. It is valid for the period of 12 months & it has to renew. The fees for the obtaining fitness certificate certificate have to be paid by the employer. WORKI NG H OURS F OR TH E young young pers persons ons:: Working hrs. 4 ½ hrs. per day Night work is prohibited Change of shift can be changed once in a period of 30 days
Prohibition of the double employment notice of periods of work should be maintained.
Sec 73: 73: (REGI STERED OF CH I L D WORKER) Sec Sec 74: The notice of periods of work work should corresponds corresponds with the register register of child
work Sec Sec 75: Power to require medical examination of young persons. (power of
inspectors ask on doubtful cases) Sec Sec 78 – 84: Annual leave with wages. Worker / a person who has worked for more than / 240 days in a year / is
eligible for annual leave with wages. (previous year) For an adult worker, for every 20 days of work, 1 day leave with wages is eligible. For young persons, 15 days of work 1 day leave with wages should be given The leave available under this sec is exclusive of holidays whether occurring during or at either the end of the period of leave. While calculating the function of ½ day has to be rounded to next no. Annual leave can be carried out to the succeeded year The accumulation of leave shall not exceed 30 days, in case of adults and 40 days for children In case of discharge / dismissal/ super annulation/ death of an employee he /his nominee are eligible for the wages for the leave available to him. nd All these works should be settled before the 2 working day In case of death / super annulation before the expiry of 2 months For availing annual leave a worker has to make an application before 15 days / 15 days in advance In public utility service the application has to be made 30 days in advance Leave can be avail at the stretch / in 2 or 3 months but not more than 3 times. In case of availing leave on the grounds of illness application need not be made within the specified time. The scheme of granting leave has to be regulated jointly by the management and the employees representative representative The scheme has to be in written form and has to be displayed in notice board
It is valid for the period of 1 year. It has to be renewed every yr. Payment of leave can be paid in advance for the employees. Medical leave and earned leave lay off and legal strike days. Daily avg. wages for leave period should be calculated for monthly what they
are earning. Should not include overtime wages If a person is availing annual leave with wages for more than 4 days the wages for those days can give in advance. For annual leave with wages, if the wages are not paid to the worker, the worker can claim the wages as delayed wages under the PAYMENT OF WAGES ACT 1936. While working out the eligibility take into consideration maternity leave, lay off, legal strike & annual leave with wages avail during the previous year. If a person is joining after January for eligibility consider 2/3 rd. of working days 1 can accumulate leave to any limit when the leave applied is refused. Provision of this act is not applicable when any agreement or settlement is in operation and in which leave available is more.
Sec 87 87 :( DA NGE ROUS OPERAT I ONS)
Prohibition of employment on account of serious hazards Sec Sec 88:
Notice of accidents / dangerous occurrences and it has to be informed to the inspector of factories. Sec Sec 88 (A): (A) :
Notice of certain dangerous occurrence (within 48 hrs.) informed to the inspector of factories. Sec Sec 108:
Factories act has to be displayed / abstract of the act has to be displayed in the convenient place in English and local language.
APPREN APPREN TI CE ACT 1961 1961::
It is a central act enacted to regulate the service of the apprentice. APPLI APPLI CABI LI TY OR OR THE SCO SCOPE PE OF OF TH E ACT:
Applicability of the act is with discrimination discrimination of the central govt. QUALI FI CATI CATI ON FOR APP APPRENTI RENTI CE:
14 YRS and above physical fitness to do the trade (the trades are designated trade notified by the central govt. for apprenticeship training) RESERVATION RESERVATION POLI CY F OR TRAINI NG:
Reservation policy is available for the SC & ST candidates depending on the population of the SC& ST articulating articulating it. CONTRACT;
A contract has to be b/w the trainee and the employer and this contract has to be registered with the apprenticeship advisor (a state level of official from directorate of employment and trainee) The contract should have terms and conditions as per this act. The period of training has to be mentioned in the contract. contract. For each type of trade govt. has to fix the period of training. TERM TERM I NATI ON OF OF THE CONTRACT ONTRACT::
Either the employer / trainee can terminate the contract even before the period of training for that the party has to make application and wait for the orders from the apprenticeship advisor and the compensation has to be paid by the other party. NO. OF OF APPRENTI APPRENTI CE:
For each industry the no. of apprentice has to be trained as decided by the central govt. after taking it in to the consideration the facilities available in the units. Usually the committee committee visits beside the no. of apprentice as the committee’s decision available with the apprenticeship advisor. ARRANGEMENT ARRANGEMENT F OR THE TRAI TRAI NEE:
The employer has to arrange for the practical training in orgs. Where 500 or more workers are employed, the employee has to make arrangements for the basic training. The syllabus should be there If the no. of workers is below 500 then the apprentice has to be sent to nearby ITI or
RIT. This is allowed on by the ex-duty. OBLI GATI ONS OF TH E EM PLOYER PLOYER AND APPRENTI APPRENTI CE: The employer’s obligation is arranged for the training Appointing training officer
carryout the provision of contract. Payment of stipend and it is fixed by the govt. APPRENTICE: Learning sincerely Regular attendance Carry out the lawful orders of the employer Carryout the provisions of the contract and maintain discipline
H EALTH , SAFETY AND WELF ARE:
The relevant labour legislations in the factories act is applicable H OURS OURS OF WORK, WORK, LEAVE AN D H OLI DAYS: DAYS:
Weekly hrs. 40-48 hrs. they are not allowed to work b/w 10 pm-6 am. They are not allowed for overtime. Casual leave- 10 days medical leave- 15 days. It can be accumulated up to 40 days extraordinary leave 10 days. It is allowed if CL & ML is over. CONDI CONDI TI ONS OF WORK:
EMPLOYER has no obligation to offer employment to the trainee after the training period is over. Apprentice is also not compelled to accept the employment offered by the employer. employer. SETTLE M ENT OF OF DI SPUTE:
The apprenticeship advisor has the power to settle the dispute. If either party is not satisfied with the settlement they can make an appeal to the apprenticeship apprenticeship council. TEST TEST AND CERTI F I CATES: CATES:
National council conducts the test and issues the certificates. Records in returns. Registered records have to be maintained by sending the reports to the org. OFF ENCE AND PENAUTY:
Like all other legislation 6 months imprisonment or Rs. 500 fine r both. ACCI ACCI DENT COM COM PENSATI PENSATI ON:
The employer has to pay accident compensation to the apprentice when he is under the training. Women compensation is applicable. CONTRACT ACT 1970 1970::
(Contract labour regulation & abolishment Act, 1970) The Act is applicable to the establishment where 20 or more workmen are employed as a contract labour. The act is applicable to every contractor who employs 20 or more contract labour. It is not applicable to establishment were the nature of work is casual ( work for 120 days or below ). In case of seasonal jobs it is not applicable. DEF:
Contract labour is a workmen employed by the contractor with / without the knowledge of the principle employer ( occupier / manager ) WORKMEN WORKMEN DEF :
As per factories act But it does not includes Persons in managerial or supervisor capacity Outworkers
CREATI CREATI ON OF AD VI SORY BOARDS: BOARDS: At the central govt. central advisory contract labour board. At the state govt. level state advisory contract labour board. These members are
maintained by respective govt. Equal representation to workmen. CONTRACTORS CONTRACTORS AND PRI PRI NCI PLE E M PLOYERS PLOYERS:
Purpose of the board is to advice the govt. on the matters relating to the administration
of the act. necessary. The boards can constitute whenever necessary. REGI REGI STRATION OF OF ESTABL ESTABL I SH M ENT:
Establishment employing contract labour has to register with the registering officer (asst. commissioner of labour) he is a gazette officer of the govt. appointed for the purpose of registration. Establishment Establishment which are not registered cannot employ contract labour. Govt. can prohibit employment of contract labour for certain process or operation in
any establishment. Sec Sec 10: While prohibiting contract labour the govt. has to check whether the work is regular
(perennial) or seasonal in nature & whether the work is incidental or necessary for the industry. L I CENSI CENSI NG OF CONTRACTORS CONTRACTORS::
Contractors should obtain license from the licensing officer (inspector of labour) & he is appointed by this act by the govt. License obtained by the contractors has to be renewed time to time.
officer can revoke, suspend or amend Licensing officer The license of the contractor based on any representation or reference made to him.
H EALTH & WELFARE OF TH E CONTR CONTRACT ACT LABOURS LABOURS:
1) CANTEEN FACILITIES: If 100 or more contract labour employed, canteen has to be provided by the contractor. The govt. prescribes the rules for this purpose & other facilities relating to canteen. 2) REST ROOM: Rest room or alternate accommodation has to be provided by the contractor whenever halt at night is required.
Other facilities like drinking water, conservancy, washing facilitity have to be
provided by the contractor. First aid facilities have to be provided by the contractor. First aid boxes have to be provided by the contractor where the contract labour is working. If the facilities mentioned above are not provided by the contractor the principle in liable liable to provide such such facilities. RESPO RESPONS NSII BI LI TY FOR THE PAYMEN T OF WAGES: WAGES:
Contractor is responsible for the payment of wages. The principle employer has to nominate a representative to be present at the time of dispersement of wages & to verify the wages paid. It is the duty of the contractor to pay wages in the presence of the representative. If the contractor is not paying the wages in the prescribed period or if he makes short payment it is the responsibility of the principle employer to correct such payment. So in such situations the principle employer can recover the amount from the contractor & pay to the contract labour. APPOI NTM EN T OF I NSPECTI NSPECTI NG STAF STAF F : (Same (Same as facto factorr ies ies Act) REGI STER / WRI WRI TTERNS / NOTI CE:
The principle employer & the contractor is responsible of maintaining register records of contract labour regards the nature of work performed by them & rates of wages. They have to send registers to the registering / licensing officer. They have to exhibit the following in the premises. Hrs. of work, wage period, nature of duty. OFFENCE & PENALI TIES: TIES:
When the employer violates the provisions under this act & when the employer obstructs an inspector while making inspection, enquiry / investigation / failure to produce required registers / documents before the inspector for inspection. TRADI TRADI TI ON & M ODERN ODERN I NDUSTR NDUSTRII ES: ES: (i ) SOCI OCI AL SECUR SECURII TY & WELF ARE BENEFI TS: TS: - In past social security & welfare benefits are are not available - But in later days the amendment of labour laws is available, as it is available for them now.
- It was in the form of charity & mercy from the employer in olden days. - But modern industrial workers enjoy social security & welfare benefits as the part of their rights. (ii) SOCI OCI AL OUTLOOK: OUTLOOK: - In the traditional period, entertainment has getting changed. The participation of the community is more from the modern workers apart from indoor, outdoor games, lectures & there are more recreational facilities made available for them. (iii) SOCI OCI AL BARRI ERS: ERS: - Jobs are no longer. - Wholly manual Ex. Spinner’s son need not to necessarily be a spinner as in the case of past. He is been working administrative administrative position position too. - Developed sense of equality b/w the workers. (iv) SOCI OCI AL COM COM POS POSI TI ON OF WORKERS: WORKERS: - Caste & workers are inter related in olden days. - Unlike the traditional period labour is not restricted to a particular caste or community. - In those days caste & occupation are inter related and now it is a mixed industrial force. (v) S (v) SEX COM COM POS POSI TI ON OF WORKERS WORKERS:: - In traditional era, women were restricted in plantation or textile. They were generally illiterates and from poor family. - But things are not like before, women are well educated textile skilled & semi skilled work in Industries. Industries. (vi) SECURI TY OF OF SERVI CE: - The service condition were unsatisfactory in the olden days - But today labours are given security protection which prevents them from being dismissed or retrenched without any valid reason. (vii) C (vii) CHI LD LABOUR LABOUR:: - Use of child labour is declined. - Strict laws are being followed in employment of child labour in industries - Unlike the traditional industries are not like that. (viii) CONS CONSUM UM PTI ON PATTERN: - Change of food habits & food habit among labours is vivid in India. - It has got a sufficient change with subsidies canteen besides the role played by cooperative stores.
(ix) DI D I GNI TY & STATUS: TATUS: - Today industrial labour has the acquired dignity & status which the traditional workers were unaware. - He is a personality of his own. (x (x) ) M ONEY EARNI EARNI NGS: NGS: - Continuous increase in the money earnings, several new allowances are part of his working life. - As a part of legislations & growing competition competition in sustaining the labour. (xi) LI L I VING & HOUSI HOUSI NG CONDITI ON: - Living and housing conditions have had a positive change with increased money earning capacity & subsiding housing facility by the employer.
ABSENTISM: CAUSES: SICKNESS & LOW VITALITY MEANS OF TRANSPORT HOURS OF WORK
SHIFT NIGHT SHIFT ACCIDENTS SOCIAL & RELIGIOUS FUCTIONS DRINKING & AMUSEMENT AFTER PAYDAY
OF WORK NATURE OF EFFECTS: DISCIPLINE & EFFICIENCY
LA BOUR TURNOVER: TURNOVER:
Rate of changing workforce or working staff.
CAUSES:
1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11)
RESIGNATION DISMISSAL LAYOFF DISCHARGE OF WORKERS METHODS OF RECRUITMENT & PROMOTIONS MORE ATTRACTIVE JOBS CIRCUMSTANCES OF THE WORKERS UNSUITABLE WORKING CONDITIONS FELLOW WORKERS & UNIONS FEMALE WORKERS (a) PREGNANCY MIGRATING THE CHARACTERS OF INDIAN WORKERS
I NDUSTRIA NDUSTRIA L ACCID ACCID ENTS: ENTS: Within the premises of the industry or outside the premises of industry (when the employee is on official work) ACCIDENTS: Small cut up to death. If ESI Act is applicable in that area, ESI is made use if it is not applicable workmen’s workmen’s compensation act is applicable. CAUSES:
(a) (b) (c) (d) (e) (f) (g) (h) (i) (j)
Unsafe working environment environment No proper training training No proper fencing fencing for pits & electrical electrical circuits circuits Carelessness Carelessness of the employee Alcoholic consumption of the employee during working hours. No proper lighting lighting facility No proper supervision supervision of the the work No proper footpath footpath Lack of training for the fire safety measures No proper outlet outlet for the emergency emergency exit
ACCI DEN TS CAN OCCUR OCCUR I N M OSTL OSTL Y: - Mines
- Construction Construction & transport unconsciousness, death, infection. - Fractures, internal injury, sprains, injuries like unconsciousness, OCCUP OCCUPATI ATI ONAL H EAL TH & SAF ETY M ANAGEM ENT SYS SYSTEM TEM (ISO 18001) certification formed by top level auditors. It is an internal standard certification It is an international certification by American National Standard Institute. It helps the organization to control over the occupational health & safety. It suits for all type of organization All relevant risk resulting from normal operation to abnormal situations. It is an order (or) the certification but not a legislative requirement. It is a comprehensive one It control occupational health & safety risk and improves the performance. BENEFITS: o It helps an organization to eliminate & minimize the risk to the employee. o Implement, maintain & continuously improve occupational health & safety culture within the organization. o It reduces cost of incidents o Improve the efficiency of the employee. o Improve the organization reputations. ELEMENTS: It is a policy & commitment assessment & risk controls. Hazardous identification risk assessment Objectives & programs under conditions Documentation & records Emergency readiness Monitoring Incident investigation corrective & preventive measures. Audit & review. NEEDS:
To improve & maintain health & safety management system.
To meet the requirement requirement of the health & safety legislation legislation
It ensures the process of continual improvement
Bureau, VERITAS, quality international in India.
South African euro of standards.
Standards & industries research institute of Malaysia
Issues the ISO certificates.
UNIT – 5 M OTOR TRAN SPORT ACT 1961 1961 APPLICABILITY: This act is applicable applicable to motor motor transport transport undertaking undertaking employing employing transport workers.
5 or more more
WH AT I S M OTOR TRANSPO TRANSPORT RT UNDE RTAKI NG? An establishment engaged in carrying passengers or goods or both by road for wire or reward and includes a private carrier. Motor transport worker is 1 who is employed directly or by any agency for wages or for rewards to work in professional capacity on a transport vehicle or to attend duties in connection with loading & unloading of transport vehicle. If 2 or more workers are employed if the state govt. decides it can be covered under the motor transport workers act, state govt. has full power to declare it is to be covered under this Act. CH APTER 2:2:Register of motor transport undertakings CH APTER 3:3:Appointment of inspecting staffs & the certified surgeon.
CH APTER 4:4:Welfare & health F r om Se Sec 8 to 12: 12: CANTEEN CANTEEN FACIL I TY:TY:-
If 150 or more workers are there, canteen must be provided. RESTROOM:It has to be provided wherever workers halt at night is required. It has to provide with sufficient lighting, ventilation, clean & comfortable condition.
UNI FORM FORM & OTHER AMI NITI ES:ES:The drivers, drivers, conductors & line checker staff’s raincoats or other amenities for protection against against rain or cold has to be provided. provided. The state govt. has to prescribe no. of uniforms & the washing allowances. M EDICAL FACI FACI LI TIES:TIES:Readily available medical facility at operating centers or at halting stations. FI RST RST AID :Readily accessible during working hours, first aid box with prescribed contents in every transport vehicle & kept in charge of the drivers or conductors and they should be trained in first aid. CH APTER 5:5:Hours of work & other provisions. Sec Sec 13 to 20:
Weekly 48 hrs. daily 8 hrs. In exceptional cases like, long distance route, festivals, the exception of daily hrs. is up to 10 hrs. But with the approval of C.M. it can be done in such cases. Weekly hrs. 52 Similarly the exemptions are allowed in breakdown or repair or interruption in traffic, working hrs. may get extended. Hrs. of work for adolescence are not more than 6 hrs. & they are not allowed during night shifts.
REST REST I NTERVAL S:
½ hr. rest for every 5 yrs.
Fixing hrs. of work on every day in such a manner that at least 9 hrs. of gap b/w 1 day & the other day of work.
SPREAD OVE R:
For adolescence it is 9 hrs.
For adults it is 12 hrs.
Exemption in exceptional cases like breakdown, traffic, etc.
Split duty is allowed but not more than 2 splits in a day.
NOTI CE OF H RS. RS. OF WORK:Weekly rest (compensating act) CH APTER 6:6:Employment of young persons: Sec Sec 21 to 24:24:
Complete prohibition prohibition of children below 15 yrs.
Fitness certificate for adolescence
Power is given to the inspector to require medical examination of the adolescence.
CH APTER 7:7:Wages and leave Sec Sec 25 to 28:28: Payment of wages Act, 1936 is applicable for motor transport undertaking undertaking th th 7 or 10 date of payment of wages legal deductions can be deducted extra wages for overtime or overtime wages is double the wages. ANNUAL LEAVE WI TH WAGES WAGES::240 days is eligible, annual leave with wages; all other provisions are similar to factories Act. TAM I LN ADU SH OPS OPS AND E STABL I SH M ENT ACT 194 1947: The objective of the act is to regulate the conditions of work in shops & establishment. DEF:-
Shops mean any premises where any trade/business trade/business is carried or where services are rendered to the customers & include offices, store rooms, godowns, etc. and used in connection with such business. E.g. departmental stores, pharmacy, pharmacy, etc. COM COM M ERCI ERCI AL ESTABLI ESTABLI SH M ENT: Any establishment which is not shop but carries on business of advertising commission for for commercial commercial agencies. E.g. bank, chit fund, travel agencies. H RS. RS. OF OF WORK : State govt. has to declare the opening and closing hrs. of the shop State govt. may fix diff. hrs. for diff. shops Daily hrs. – hrs. – 8 8 hrs. hrs. – 48 48 hrs. Weekly hrs. – Rest interval 1 hr. for every 4 hrs. of work Spread over 12 hrs. Overtime 2 hrs. per day & not more than 6 hrs. in a week Weekly holiday has to be exhibited as a notice Alternation in weekly holiday is once in 3 months EM PLOYME NT OF YOUNG YOUNG PERSONS PERSONS::Prohibition of employment of children below 14 yrs. Daily hrs. of work – work – 7 7 hrs. Weekly hrs. of work – work – 42 42 hrs Young persons are not allowed for overtime and also after 7 p.m. H EALTHY & SAFETY: AFETY: o Cleanliness of the premises o Lightning o Ventilation o Precautionary measures against fire H OLI DAYS WITH WAGES: WAGES: Leave with wages 12 days provided. If the person has continued with the service of 12 months even be accumulated for 24 days. 12 days of sickness leave 12 days of casual leave WAGES PAYM PAYM ENT AND REDU CTI ONS: ONS: The payment of wages Act is applicable as by the Act. APPOI APPOI NTM ENT OF I NSPECTO NSPECTORS RS::
State govt. appoints assistant commissioner commissioner of labour & other staffs TAM I LN ADU CATERIN G ESTABL ESTABL I SH M ENT ACT, 195 1958: The purpose of this act is to regulate the conditions of work in the catering establishment. Catering establishment means hotels / restaurants & includes canteen but it does not include canteen / restaurants managed managed by an any educational institutions. Child is below 16 yrs. are not employed. DEF . OF OF EM PLOYEE: LOYEE: Who is employed directly through agency for wages / not but does not include a member of the employers family. DEF . OF WAGES: WAGES: Wages includes meals / tiffen supplied to the employee free of charge. Catering establishment has to be registered & obtained a registration certificate by applying to the inspector within 30 days of commencing work. The inspector has to scrutinize the following: a. Suitability of the place b. Previous experience of the employer c. Financial capacity d. Binami status of the applicant / application & interest of the public. e. The registration certificate has to be permanently displayed f. Inspector can revoke / suspend any registration certificate g. The certificate has to be renewed h. Employee has to notify in writing the closing of the catering establishment establishment before 10 days. PLANT ATI ON ACT, 1951 1951 This act is applicable to the plantation covering area of 5 hectares or more in which 15 persons or more are employed. e mployed. DEF.: Plantation are the land / any lands used for growing tea, coffee, b=rubber, cardamom or any other plants even if any other plant is grown, when the land used less than 5 hectares & when the no. of employees employed for the work is less than 15 if the state govt. declares it as a plantation, this act becomes applicable. WORKER:
Worker means a person employed in a plantation for hire, for reward whether appointed directly or there are any agency to do any skilled, unskilled, manual or clerical works but does not include a person (i.e.) a medical officer, person employed in a managerial capacity. Temporary employees employed in construction and maintenance work. APPOIN APPOIN TM ENT OF I NSPEC NSPECTOR TOR OF PLANTATI ON: Similar as factories act, 1948 State govt. has to appoint duly inspector and have the power to examine whether the act is implemented or not. He is a public servant. CERTI CERTI FYI NG SURGEO SURGEON: N: Similar as factories act. SECTIONS RELATED TO HEA LTH : Sec 8 : DRI NKI NG WATER Effective arrangements for drinking water at convenient places. It is the responsibility of the employer / occupier to provide this facility. Sec 9: 9: CON SERV E NCY Sufficient no. of toilets facilities should be provided to the employees. Separate for men and women. It should be maintained in clear. Sec 10: M EDI CAL F ACIL I TY Readily available medical facility to the worker as well as for their family members. Family means spouse, children & adopted children. Children not more than 18 yrs. of age. For male employees, his parents are also included. There are 3 types of medical facilities. 1) Dispensary: doctor visits 3 times times a day. (200-1000) 2) Garden hospital: hospital: (i.e.) with inpatient inpatient facility. facility. (1000 more) 3) Group hospital: hospital: 2 or 3 plantations plantations joining together together with specialty specialty towards service & with in beds. WELF ARE FACI LI TI ES: ES: CHAPTERCHAPTER-4 4 Sec 11: 11: CAN TE EN
If 150 or more workers are employed, canteen has to be provided. The manner in which it has to administered. Food stuffs that has to provided there is prescribed by law. Sec 12: 12: CRÈ CH E 50 or more women workers are employed then crèche facility has to be provided & even contract women can be applicable. If there are 20 or more children of women workers, then crèche has to be provided for irrespective no. of women workers. Even if the above condition does not prevail the state govt. may direct the occupier to provide crèche if necessary. It has to be looked after by women trained worker. Sec 13: 13: RECREATI RECREATI ONAL F ACI L I TY (STATU (STATU TORY) TORY) It is a statutory facility providing recreational facility by the employer near the residing place or the quarters of the workers providing indoor & outdoor games & reading rooms. Group of employers can form & provide common recreational facilities.
Sec 14 14: ED UCATI ONAL F ACIL I TI ES Children b/w the age group of 6-12 yrs. & exceeds 25 yrs. in no. & then the employer has to provide school for the primary education. For this also group of employers can join together & provide this facility. The school has to be within 1.6 kms from the quarters & if already a school maintain by govt. and this provision is not provided. Sec 15: 15: H OUSI OUSI NG F ACI L I TY (sta (statuto tutory) ry) It is the duty of the employer to provide every worker & family as near as possible amenities / necessities like water & electricity. Rent is free till the employees are in service. In case case the worker residing residing outside outside the plantation. plantation. He could ask for for the housing housing facility. (i.e.) he should be a condition of 6 months continuous work in a particular plantation. The employer is liable to pay the compensation compensation of death or injury and caused to the members in the family due to the collapse of house & he is not liable if it is a natural calamity. Sec 16: 16: PROTECTI PROTECTI ON OF WORKERS WORKERS F ROM ROM RAI N & COL COL D The employer has to provide an umbrella, blankets, raincoats & similar amenities to protect workers from rain & cold. It has to be provided in free of cost. Sec 18 18: A PPOIN PPOIN TM ENT OF WELF ARE OFF I CER: CER:
Where 300 or more workers are employed welfare officer has to be provided. The state govt. may prescribe the rules, duties, policies & conditions of service. HRS. OF WORK & OTHER PROVISIONS: Sec Sec 19-28: Weekly hrs. – hrs. – 48 48 hrs. for adult
hrs. – 9 9 hrs. including rest interval & lunch Daily hrs. – hrs. – 27 27 hrs. for adolescence & young persons Weekly hrs. – If the working hrs. exceeds the actual timing there it is considered as
overtime. Double the wages has to be paid. Compensatory holiday has to be given within 3 months. Daily hrs. with overtime should not exceed 54 hrs. Weekly holiday – holiday – 1 1 day Rest interval – interval – at at least ½ hr. for every 5 hrs. of work Daily spread over not more than 12 hrs.
NOTI CE OF OF PERI PERI OD OF WORK: WORK: Refer factories Act. Complete prohibition of children below 12 yrs. of age. Prohibition of night work; women & children are not allowed for night shifts. For nurses, it is not applicable. FI TNESS TNESS CERT CERTII FI CATE: CATE: Refer factories Act. Sec Sec 29 – 30: 30: L EAVE WI TH WAGES There is no certificate in plantation but all other provisions are same as factories Act. Sec 32: 32: SI SI CKNE SS BE NE F I T An Employee is eligible for sickness benefit if he provides a certificate from the qualified medical practitioner. Sickness allowances can be avail for max. 14 days in the next rd year but accumulation of the leave should not exceed 30 days. 2/3 of the daily wages is given for the sickness benefit. M ATERNI ATERNI TY BENEFI T:
If the women worker has worked for 150 days or more; she is eligible for the maternity benefit. They are eligible for 12 weeks of leave for maternity. Before delivery – delivery – 4 4 weeks After delivery – delivery – 8 8 weeks They are eligible for the medical allowances with full wages. Sec 32 (A): N OTI CE OF A CCI DE NTS: In case of accidents, the authorities have not been informed. Sec Sec 32(B 32(B): ): A register should be maintained by employer to record the accident in plantation. M I NE S ACT 1952 1952 Mines means any excavations where any operation for the purpose of searching / for obtaining minerals is being carried out. Minerals mean all the substances which can be obtained from the earth by mining / by any other operation. APPOIN APPOIN TM ENT OF I NSPEC NSPECTOR TOR:: As per factories Act. H EALTH & SAFETY: AFETY: i. DRINKING WATER & CONSERVENCY: same as factories factorie s act. ii. FIRST AID: If 150 or more workers are there first aid box & room has to be provided along with the transport facility. Power to prohibit the employee engagement in dangerous work. NOTI CE ABOUT ACCI ACCI DENT OCCUR OCCUR IN WORK WORK PLACE: Giving wide publicity about accidents occur. The notice had to keep at least for period of 14 days in the premises & the accident occurred has to be registered in the accident register. Power to the central govt. to appoint of court of enquiry in case of accidents occurred in the premises. Notice of certain occupational diseases has to be given to the chief inspector by the employer. employer. Power to the central govt. to direct the investigation for the causes of disease. H RS. RS. OF OF WORK WORK & OTH ER PROVI PROVI SI ONS: ONS:
Weekly hrs. – hrs. – 48 48 hrs.
Daily hrs. – hrs. – 9 9 hrs. per day
Daily hrs. of work those who work below the ground level is 8 hrs. / day
Rest interval – interval – ½ ½ hr. for every 5 hrs. of work
Weekly holiday – 1 1 day for 6 days of work. Compensatory off within 3 months.
Overtime means double the wages.
12 hrs. of working continuously continuously is prohibited
Notice
of period of work – work – refer refer factories act.
Daily hrs. + over time – time – 10 10 hrs. of work
Exception to daily hrs., weekly hrs. to those who are in the position of supervising & managerial.
Exception during emergency and involving serious work
EM PLOYM PLOYM ENT OF OF ADOLE SCENT: Complete prohibition prohibition of women below 16 yrs. to work. A person above 16 yrs. of work has to carry fitness certificate prohibition of adult & women to work below 6 p.m. to 6 a.m. Complete prohibition hrs. – 4 4 ½ hrs. Adolescent working hrs. – Working hrs. of women is 6 a.m. to 7 p.m. A register maintained by the employer furnishing the details about the persons employing employing on mines. mines. LEAVE WITH WAGES WAGES:: o Provisions are same as factories Act o Wages for workers above ground level – level – 240 240 days o “ “ “ below “ “ - 190 days SPECI PECI AL PROVI ROVI SI ONS F OR WEL WEL F ARE & SAF ETY: i. It’s all laid on central govt. ii. Means of entrance & exit iii. No. of outlets to to be furnished iv. Fencing the pits & the pathways. v. Use of safety lamps vi. The govt. must also make rules so that the management will provide the facility of crèche, restroom & shelter
vii. viii. ix.
Canteen for more than 250 workers Welfare officer for more than 500 more Shower bath, lockers & first boxes
CONSTI CONSTI TUTI ON OF OF BOARDS: BOARDS: Mining board Mining committee (representatives (representatives from management, labour & govt.) They act as a civil court & inspector.
: I SO 14001 14001
It focuses on the environment encourage safer, healthier works . it is an registration may bring control over business and industrial environment. Environment management system indicate the specification for the guidance of ure.it gives the element that organisation require to confirm to get registration registration certificate. MAJOR ELEMENT OF ENVIRONMENT MANAGEMENT SYSTEM:
General requirement Environmental policy Environmental policy aspects Legal aspects Objectives and targets Environmental management programs Structural responsibility training, awareness and competency Communication Environmental management system documentation Document control Operational control Emergency properness and response Monitoring and measuring Non conformation conformation and corrective and and preventive action action Records EMS audit Management review
EMS:
The EMS includes it states about the general requirement of iso 14001 is organisation. The EMS includes policy planning, implementation and operation and management review This element also include the pre description of the company ENVIRONMENTEL POLICY:
Includes the content to be added. It should address the following issues: Management commitment to continuous continuous improvement improvement Prevention of pollution Cooperation with public cooperate Creating frame work for setting objectives Communication Communication requirement requirement with shareholder Education and training about environment environment ENVIRONMENT ASPECTS:
It explains the environment aspect and relationship with environment aspect. LEGAL ASPECTS: It helps the organisation to have procedure and satisfy all legal requirement to which it subscribes. subscribes. Legal requirement requirement inclues
Industry code of practice Contracts agreement with public authority Non regulatory guide lines Government legislative action OBJECTIVES & TARGETS:
It describes the organisation to maintain objectives and target at relevant function level. ENVIRONMENT MAINTAINENCE PROGRAMME:
This clause deals the organisation to establish and maintain the programme to achieve objectives and targets. The programme includes designation of responsible function, team or individual under time frame for achievement. STRUCTURE AND RESPONSIBILITY:
This element addresses the roles and responsibility, responsibility, authorities of all personnel affecting environment management system. The management should provide resources in form of proper technology and money to maintain an affective system that helps to achieve its objectives. TRAINING, AWARENESS & COMPETENCY:
This clause determines the training needs to be evaluated to ensure the system effectiveness. There are 2 types of training: 1. General awareness: Includes the importance of confirmation to environment management system 2. Job competency Communication: This element explains the procedure to be established and maintained for communication (internal & external) with all stakeholders. ENVIRONMENT MANAGEMENT SYSTEM DOCUMENTATION:
This element requires information being established and required to maintain the core element of the system and their interaction to provide direction to applicable the related direction. Document control: This element requires the procedure to establish all EMS documents. The purpose of document document control is to ensure ensure appropriate appropriate and correct use use of the document. document. LEVEL OF DOCUMENT:
Policy level Procedure level Practice level Proposal level OPERATIONAL CONTROL:
This element aligns operation and activities with the identified and significant environmental system.
