The Factories Act, 1948:
The Factories Act, 1948 is an important piece of legislation in India that aims to regulate the working conditions in factories. It was enacted to ensure the health, safety, welfare, and proper working conditions of workers. Here are some key provisions of the Factories Act:
- Objectives:
- To regulate the working conditions in factories.
- To ensure the health, safety, and welfare of workers.
- To prevent the exploitation of labor.
- Applicability:
- It applies to factories employing 10 or more workers, where power is used, or 20 or more workers, where power is not used.
- Key Provisions:
- Licensing and Registration: Factories need to obtain a license for operation, and certain provisions of the Act are applicable once the factory is registered.
- Working Hours: It regulates the number of working hours per day and week, rest intervals, and overtime.
- Health and Safety: The Act sets standards for ventilation, temperature, cleanliness, and safety measures. It also mandates the provision of first aid facilities.
- Welfare Measures: It requires the provision of amenities like washrooms, drinking water, canteens, and restrooms for workers.
- Child Labor and Young Workers: The Act restricts the employment of children and young persons and provides for their working conditions.
- Annual Leave with Wages: It mandates a certain number of days of paid leave for workers based on their length of service.
- Safety Officers: Factories employing a certain number of workers are required to appoint safety officers.
- Penalties for Violations: The Act prescribes penalties for contraventions, which may include fines or imprisonment.
The Shop and Establishment Act, 1948:
The Shop and Establishment Act is a state-level legislation that governs the operation of shops, commercial establishments, and workplaces. The main objective is to regulate the conditions of work and employment in shops and commercial establishments.
- Objectives:
- To regulate the conditions of work and employment in shops and commercial establishments.
- To provide for statutory obligations of employers and rights of employees.
- Applicability:
- It applies to all establishments engaged in retail or wholesale trade, commercial establishments, offices, and other similar places of work.
- Key Provisions:
- Registration: Establishments covered by the Act need to be registered within a specific period from the date of commencement of work.
- Working Hours and Rest Intervals: It prescribes the maximum number of hours of work per day and week, rest intervals, and prohibitions on overtime.
- Holidays and Leave: The Act mandates provisions for weekly holidays, annual leave, and casual and sick leave.
- Employment of Women and Children: It sets rules for the employment of women and children, including restrictions on night work.
- Maintenance of Records: Employers are required to maintain specific records related to employment, wages, and attendance.
- Display of Notices: Certain notices related to working hours, holidays, and other statutory information must be displayed in the establishment.
- Penalties for Violations: The Act outlines penalties for non-compliance with its provisions, which may include fines.
It’s important to note that the specifics of the Shop and Establishment Act can vary from state to state in India, as it is primarily a state-level legislation. Therefore, the exact provisions may differ depending on the jurisdiction.