Short notes (Any 2 )

1.Employment of women under Factory Act

Introduction
Women in our country form an integral part of our workforce
and the General Census 2001 stated that 127,220,248 people
in the workforce are women. In other words, 149.8 million
female workers exist, 121.8 million women work in rural areas
while 28 million work in urban areas. Women in our country
face certain discrimination in the workplace. There was a time
where women were not allowed to do certain jobs but that was
later amended and now women can do any job they choose to
do. Even though there are laws against discrimination women
still face discrimination sometimes, especially in work which is
usually seen as a men’s job such as working in factories or
mines. As stated in Article 15 of The Constitution of
India, there will be no discrimination based on gender in
anything. Yet some women face discrimination while working in
factories. Though the Factories Act, 1948 does provide for
many provisions related to women and women’s health, safety,
well-being, and benefits, it still is lacking in certain areas.

Health and safety provisions for women provided under the

Factories Act, 1948
Section 19: Latrines and urinals
Chapter III and Chapter IV of the Factories Act provide for
health and safety provisions respectively. Section 19 of the
Factories Act mandates that every factory must have enough
latrine and urinal accommodations, for both men and women
which should be accessible to all the workers at all times. No
person can be barred from using them at any time and the
employer must maintain adequate cleanliness and sanitation in
the latrines and urinals at all times. There should also be
washing places nearby. Women, in particular, should not have
any problem. This section aims to keep women and men
healthy at all times. Though unfortunately both women and
men had to work

Section 22: Work on or near machinery in motion

The Factories Act very clearly states in Section 22 that the
lubrication of machinery and/or adjustment of any machinery
or any part of it, while it is in motion, will not be done by any
woman or a young person. This Section exists to prevent any
dangerous injury to any woman or child (young person).

Section 34: Excessive weights

Section 34 gives certain powers to the concerned State
Government to make rules regarding the maximum weight
limit which would be lifted by women, men, and younger
people in the factories. It is clearly given that no one can be
employed or asked to move or lift a weight that may cause
them harm or injury.

Section 27: Prohibition of employment of women and

children near cotton-openers
Section 27 of the Factories Act prohibits any women in employment to be
employed in any part of a factory for pressing cotton or in which a cotton
opener is used. This is done to keep the women healthy as there is a high risk of
the cotton bales generating flames. When wet cotton bales are being pressed (in
cotton pressing) they generate high amounts of heat and the things around them
can catch fire. In many instances, the dry cotton bales nearby have caught on
fire and have caused fire-related accidents and burns to the people in the
immediate vicinity. Women are not allowed in the process so as to prevent
burn-related injuries.

The lacunae in the Factories Act, 1948 and the reality

In garment factories and clothes factories, women are being fired or are being
underpaid in the current corona pandemic. In the lockdown, many people sat in
their homes without work and hence without money. After the lockdown was
lifted the factories only allowed up to 30% of their workforce making many
people still unemployed. Female workers who had children were asked to not
come to work to not endanger their own lives and their children’s lives but the
workers after some time needed money to feed their families. The 30%
workforce was allowed to follow the social distancing norms and as it was the
bare necessity.

Though Section 11 of the Factories Act, 1948 talks about cleanliness many
factories are not actually a very clean place. Many factories make workers work
in horrible sanitation surroundings and completely ignore the mandate. Many
factories clearly violate multiple health and sanitation demands from the
Factories Act. Improper ventilation exists in many factories, to the point that
the workers sometimes go outside the factory to breathe properly or as they call
it “a breath of fresh air”. Waste is seldom cleared out and some parts of
factories have continuous dust and fumes (mainly due to mechanical work
causing it) and are not cleared out. The factory owners get away with all of this
by cleaning up the mess for a few days in case of inspection by the authorities
under Section 9 of the Act.

Improvement and initiative to protect women’s interests

There is vocational training for women under the Directorate General of
Employment and Training. This training program was made to make women
independent and so they could speak up, talk and learn. This training program
helps them in getting better jobs in the job market. The Directorate General of
Employment and Training (DGE&T) is the main agency for providing
vocational training in the traditional and contemporary courses and it even
certifies women to be able to keep up with the trained skill workmen to any
industry and/or service sector. The courses under the DGE&T help women
achieve their goals and dreams by providing them with a much-needed
confidence boost along with the training they need to secure a job in the job
market. The DGE&T also plans long-term training programmes for women’s
vocational training in the entire country. The institution has eleven institutes
from the central sector and offers many courses to help women find jobs or
self-employment by giving them the skills necessary to do so. The vocational
training even exists in the state sector and the women are exclusively taught
craftsmanship through a network of people under administrative control. Some
of the courses offered by DGE&T are dressmaking, electronics, architecture,
and secretarial practice.
A project for reducing sexual harassment in factories and workplaces was
supported by the United Nations fund which is training thousands of women
workers in India and Bangladesh through education. Many of the teachers there
were victims themselves and hence understand the pain of their students and
hence know how to teach them how to stand up for themselves and stop the
sexual harassment once and for all. This project is even supported by the United
Nations Trust Fund to End Violence against Women, and focuses on 24
different factories and all of their 3,500 women workers and 15,000 other
workers and imparts them the education necessary to stand up to such uncivil
behaviour by their co-workers.

Conclusion
Women in factories have faced many hardships, there was a time they were
denied jobs or were given jobs with sub-par conditions and less than average
wages which they had to still take as they were desperate. It improved to the
point that legislation was implemented to aid them but the benefits were only
on paper and not practically. Now, finally, the benefits are showing in practice,
with the help of different NGOs and United Nations Welfare schemes along
with our women care bodies established by the government, women in factories
are finally getting what they duly deserve. Women are getting the wages that
they duly deserve, and receiving the most benefits that they are supposed to.
Though there are some places where they need help, it has improved a lot than
it was a decade ago. But we must stay vigilant as then only then can we stop
exploration of any kind, to man, woman, or child. The government must keep
implementing laws for the benefit of all and make bodies to see the valid
practical implementation of those beneficial laws. Only then can we say we
have achieved true equality and women in all workplaces will be safe!
2.Defination of Wages under Payment of Wages Act
Payment of Wages Act, 1936

2. Definitions

In this Act unless there is anything repugnant in the subject or context -

(i ) "employed person" includes the legal representative of a deceased

employed person;

( ia ) "employer" includes the legal representative of a deceased

employer;

( ib ) "factory" means a factory as defined in clause (m) of section 2 of

the Factories Act 1948 (63 of 1948) and includes any place to which the
provisions of that Act have been applied under sub-section (1) of section
85 thereof;

(ii) "industrial or other establishment" means any -

(a) tramway service or motor transport service engaged in carrying

passengers or goods or both by road for hire or reward;

( aa ) air transport service other than such service belonging to or

exclusively employed in the military naval or air forces of the Union or
the Civil Aviation Department of the Government of India;

(b) dock wharf or jetty;

(c) inland vessel mechanically propelled;

(d) mine quarry or oil-field;

(e) plantation;

(f) workshop or other establishment in which articles are produced

adapted or manufactured with a view to their use transport or sale;

(g) establishment in which any work relating to the construction

development or maintenance of buildings roads bridges or canals or
relating to operations connected with navigation irrigation or to the
supply of water or relating to the generation transmission and
distribution of electricity or any other form of power is being carried on;

(h) any other establishment or class of establishments which the Central

Government or a State Government may having regard to the nature
thereof the need for protection of persons employed therein and other
relevant circumstances specify by notification in the Official Gazette.

(iia ) "mine" has the meaning assigned to it in clause (j) of sub-section

(1) of section 2 of the Mines Act 1952 (35 of 1952);

(iii) "plantation" has the meaning assigned to it in clause (f) of section 2

of the Plantations Labour Act 1951 (69 of 1951);

(iv) "prescribed" means prescribed by rules made under this Act;

(v) "railway administration" has the meaning assigned to it in clause (6)

of section 3 of the Indian Railways Act 1890 (9 of 1890); and

(vi) "wages" means all remuneration (whether by way of salary

allowances or otherwise) expressed in terms of money or capable of
being so expressed which would if the terms of employment express or
implied were fulfilled by payable to a person employed in respect of his
employment or of work done in such employment and includes -

(a) any remuneration payable under any award or settlement between

the parties or order of a court;

(b) any remuneration to which the person employed is entitled in respect

of overtime work or holidays or any leave period;

(c) any additional remuneration payable under the terms of employment

(whether called a bonus or by any other name);

(d) any sum which by reason of the termination of employment of the

person employed is payable under any law contract or instrument which
provides for the payment of such sum whether with or without
deductions but does not provide for the time within which the payment is
to be made;

(e) any sum to which the person employed is entitled under any scheme
framed under any law for the time being in force, but does not include -
(1) any bonus (whether under a scheme of profit sharing or otherwise)
which does not form part of the remuneration payable under the terms
of employment or which is not payable under any award or settlement
between the parties or order of a court;

(2) the value of any house-accommodation or of the supply of light water

medical attendance or other amenity or of any service excluded from the
computation of wages by a general or special order of the State
Government;

(3) any contribution paid by the employer to any pension or provident

fund and the interest which may have accrued thereon;

(4) any travelling allowance or the value of any travelling concession;

(5) any sum paid to the employed person to defray special expenses
entailed on him by the nature of his employment; or

(6) any gratuity payable on the termination of employment in cases

other than those specified in sub-clause (d).