Labour law Assignment

Topic- Working Hours of Adults

The Factories Act,1948

The Factories Act, 1948 has been enacted to consolidate and amend the law regulating the
workers working in the factories.
It extends to whole of India and applies to every factory wherein 20 or more workers are
ordinary employed.

The aim and object of the Act is to safeguard the interest of workers and protect them from
exploitation

The Act prescribes certain standards with regard to safety, welfare and working hours of
workers, apart from other provisions.

It casts various obligations, duties and responsibilities on the occupier of a factory and also on
the factory manager.

The act ensures adequate safety measures and to promote the health and welfare of the
workers employed in factories.

It prevents haphazard growth of factories through the provisions related to the approval of
plans before the creation of a factory.

It regulates the working condition in factories, regulate the working hours, leave, holidays,
overtime, employment of children, women and young person’s ext.

Definition of Factory

Factory: Factory means any premises, including the precincts thereof, in any part of which
manufacturing process is carried on with or without the aid of power, provided that at least 10
or 20 persons respectively are employed or were employed on any day of the preceding 12
months.

Essential elements of a factory:

(1) There must be premises.

(2) There must be a manufacturing process which is being carried on or is so ordinarily carried
on in any part of such a premise.
(3) There must be ten or more workers who are/were working in such a premise on any day of
the last 12 months where the said manufacturing process is carried on with the aid of power.
But where the manufacturing process is carried on without the aid of power, the required
number of workers working should be twenty or more.

The following are not covered by the definition of factory: (i) Railway running sheds, (ii) mines,
(iii) mobile units of armed forces, (iv) hotels, eating places or restaurants.

Working Hours Of Adults

The definition of an adult is someone who has completed his/her eighteen years of age. The
adult workers in a factory have fixed working hours of adults under the factory act, 1948. Thus,
there are certain rules and policies made for the well-being of the working employees in a
factory. As per the factory act, section 51 no worker is allowed to work for more than forty-
eight hours in a week not more than 9 hours in a day

The weekly holidays:

As, per the section 52 of the factory act, no worker is required to work on the very first day of
the week. Except if s/he-

•Has immediate holiday for the whole day, after the said day

•A substitute holiday will be provided to the working employees if the factory occupier has
served them a prior-notice for work on the weekly holiday

The compensatory holidays:

This comes under the section 53 of the factory act. If the worker is exempted for the substitute
holiday as stated under the section 52. Hence, s/he will be allowed to have compensatory
holidays of equal number to the lost holidays. Although this shall be done within the two
months.
The daily working hours:

As per the section 51 of the factory act, no worker is required to work more than nine hours in
any day in a factory.

The rest intervals:

There must be fixed rest period for every working employee in a factory. In the section 55 of
the factory act, no worker is required to work for more than five hour straight. There has to be
a halt of at least half-an-hour for rest.As per the Chapter VI of the Factories Act, 1948, the
notice period of work, fixed in accordance with the provisions of Act should be displayed in the
factory. It also mentions that any proposed change should be notified to the Inspector, before
the change is made.

Women and work hours

What are provisions relating to work time of women under the law?

Section 66 of the Factories Act, 1948 imposes restriction on employment of women to work
between 7.00 pm to 6.00 am. However, the Chief Inspector is empowered to grant relaxation,
but in that case women are not permitted to work between 10.00 pm to 5.00 am.

Work days & break period

What does the law say about working days?

Factories Act, 1948 specifies that weekly holiday on the first day of the week, which is Sunday
or may be any other day, as may be approved in writing by the Chief Inspector of Factories, for
a particular area is necessary.

Under Section 52, there is provision for substitution of weekly holiday so that by complying
with the requirements of this section, workers may be permitted to work on the day of weekly
holiday. Provision also specifies on allowing compensatory holiday, in lieu of unavailed weekly
holiday.

What does the law say about breaks?

As per the provisions of the Factories Act, 1948 a rest interval of at least half an hour should be
provided, in such a way that no period of work shall exceed 5-1/2 hours.

According to Minimum Wages Act, the working day of an adult worker shall be so arranged that
inclusive of the interval of rest it shall not exceed 12 hours on any day.

Work hours for young workers

What are the provisions relating to work time for young person?

The young person as per provision of Factories Act, 1948 is defined as “child” or “adolescent” (a
person who has completed 15 years of age, but not completed 18 years of age). It mentions
that working hours of child workers are limited to 4-1/2 hours a day. It also specifies that the
spread-over should not exceed 5 hours. The provisions of the Act also specify that female child
workers are prohibited to work between 7.00 pm to 8.00 am as per Section 71.

As per the Minimum Wages Act, 1948 the number of hours of work for adolescent shall be fixed
by the medical practitioner as approved by the Government, which be decided on
consideration of adolescent as an adult or child. The child should, however, not be allowed to
work for more than 4-1/2 hours on any day.

The Apprentices Act, 1961

The act mentions that the daily hours of work of an apprentice shall not be more than 8 hours
per day and weekly hours not less than 40 hours but not more than 45 hours. However, a short
term apprentice may however be engaged to work up to a maximum limit of 48 hours per
week. The hours of training of apprentice should not be between 10.00 pm to 6.00 am except
with the prior approval from the Apprentice Advisor.