When setting up a manufacturing facility and complying with the regulations when it comes to compliance, an corporate lawyer could assist with all documents. However, that’s not the only legality that needs to be considered. The workers who are for employment to perform the work in these factories must be protected from exploitation of any kind. In the Factories Act, 1948 ensures the safety, health and well-being of the workers working in factories through self-explanatory provisions and delegation to the relevant authorities. Examine the provisions of this law pertaining to workers working in factories by reading our blog.

Objectives of the Factories Act, 1948

Every law comes into effect to implement any kind of regulation that targets specific niches. There are a few parties and their concerns. The Indian Factories Act of 1948 specifically seeks to protect worker rights by ensuring the following:

Humane working conditions are regulated in factories.

Schedule working hours to ensure that you have a week-long holiday.

Make sure that the minimum requirements are met to ensure the safety, health and the welfare of factory employees.

Avoid any form of exploitation or exploitation of workers within factories.

Penalties for non-compliance with the rules under the Factories Act, 1948.

Scope of Indian Factories Act, 1948

Understanding a law, you must also understand the scope of the law, i.e. the areas that the laws are applicable to as well as the topic of action, etc. These guidelines will help you comprehend the exact meaning of

The Factories Act 1948 extends to all of India.

The applicability under The Factories Act 1948 covers all the factories, unless restricted or exempted by either the state or central government.

It is mostly applicable to factories where at least 10 employees are employed, in which every step that is manufactured process performed using power.

Definition of a Worker in the Factory Act 1948

Understanding the legal terminology and definitions could be a challenge at times. The ability to break down long, complicated and technical sentences makes it easier to get to the core of the legal decision really signifies. In accordance with the section 2. (i) in the Indian Factories Act of 1948 The definition of worker includes

A person employed;

Directly or or via any other agency (including contractors);

In the absence or consent of the primary employer regardless of whether it is for remuneration;

In any manufacturing process or when cleaning any component of the premises or machinery that are used in a manufacturing process or any other work related to, or connected to the manufacturing process or in connection with the manufacturing process

However, it does not include any of the members of the Armed forces that are part of the Union.

(m) in the Act defines what is an industrial facility as per the previous definition. Additionally section 2 (k) defines the’manufacturing process’. The purpose of having precise definitions is to define the extent to which this Factories Act 1948 extends to.

In Focus

The Indian Factories Act, 1948 specifically addresses the industrial aspects of working in India’s factories.

Authoritative Compliance (Approvals Registrations, licensing and approvals)

Health

Safety Measures

Inspecting Authorities

Working Hours

Rules of Employment for Children and Adults

Leave and Penalties

What is Covered?

The Act is crucial in defining and focusing on the following sections:

An explicit definition of who is an employee, what factories are included to this process, what constitutes manufacturing processes, etc.

Information on how to handle dangerous procedures, fatal or non-fatal injuries.

As an adult can be employed in factories.

If children under a certain age can be employed in factories, and how much work can be given to an adolescent in factories.

The Act also prohibits the possibility of employing different number of workers on various days in order to avoid the wrath that this legislation. It also specified the average daily number of workers employed, as well as the period of time during which at least 10 workers are employed at a factory.

The Factories Act, 1948 also obliges employers to keep a log of the mandays they employed, i.e. all hours worked throughout the year.

The employer must also keep track of the number of hours they work per week.

The right to take action against the employer can be offered in cases of inhumane conditions, or a form of danger to employees. If the factory is located situated in Kolkata, corporate law firms located in Kolkata are able to be contacted in these kinds of situations.