Labor Law In India

The Factories Act, 1948:

Applicability:
The Act applies to any premises including the precincts there of-
1.Whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on, or
2.Whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on.

Obligation:
Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory.
Registration & Renewal of Factories:
To be granted by Chief Inspector of Factories on submission of prescribed form, fee and plan.

Employment of Young Persons:
Prohibition of employment of young children.
Non-adult workers to carry tokens e.g. certificate of fitness.
Working hours for children not more than 4.50 hours and not permitted to work during night shift.

Employees’ State Insurance Act, 1948

Applicability:
1.All factories excluding seasonal factories employing 10 or more persons and working with power.
2.All factories excluding seasonal factories employing 20 or more persons and working without power.
3.Any establishment which the Government may specifically notify as being covered.
4.Shop Employing 20 or more persons.

Benefits:
Free medical treatment is offered to covered employees at hospital and dispensaries run by the ESI Corporation.
About 7/12th of employees normal wage will be payable to him by ESI during sickness.
Maternity benefit for 12 weeks of which not more than 6 weeks should be preceding confinement.
Injury during/in course of employment resulting in temporary/permanent disablement entitles the covered employee to a regular payment to substitute his lost wages.
Death during course of employment entitles specified dependents to a regular payment.

One time payment of Rs. 2,500 to help meet funeral expenses.

 

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