Laws on working conditions

The Factories Act 1948

Employers are required to follow stringent licensing and safety measures. Factory is defined as a place where manufacturing process is carried out using 10 workers using electrical power or 20 workers without power. Manufacturing process also includes petrol pumps, retail workshops, handicraft industries etc. Post Bhopal tragedy (Union Carbide case) special chapter (IVA) has been added making disclosures mandatory for hazardous processes. The working hours, leave , weekly days off and wages are similar to Shop and Establishment Acts. Under the Act the occupier is responsible for all compliances and in the case of an incorporated company the Director on the board of the company must be designated for the purpose of an occupier. Failing which all directors could become liable.

Contract

Labour ( Regulation and Abolition Act 1986)

An Act to regulate employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith Allows Employers (principal Employers) to use Contractors for supply of labour. It applies to establishments employing twenty or more persons. It does not apply to establishments where nature of work is intermittent or casual. Principal Employer as well as the Contractor have to register themselves. The Contractor has to provide amenities and facilities which include canteens, restrooms, first-aid facilities etc. In case the Contractor fails to provide the facilities the Principal Employer will have to provide the same and adjust and recover the expense from the Contractor. Both the Principal Employer and the Contractor have to maintain Registers and Records of the Contract Labour employed. The appropriate Government in consultation with the Central and State Board can prohibit employment of contract labour in any process, operation and establishmentif it is of the view that it is perennial in nature, the work can be carried out by regular workmen.

Child Labour (Prohibition and Regulation Act 1986)

salient FEATURES OF THE CHILD LABOUR (PROHIBITION & REGULATION) ACT 1986
Child Labour (Prohibition & Regulation) Act, 1986 was the culmination of effort and ideas that emerged from the deliberations and recommendations of various committees on child labour. Significant among them are the National Commission on Labour (1966-69), Gurupadaswamy Committee on Child Labour (1979). Sanat Mehta Committee (1984) and others.

The basic objective of the Child Labour (Prohibition & Regulation) Act 1986, is to ban employment of children below the age of 14 years in factories, mines and hazardous employment's and to regulate the working conditions of children in other employment's.

THE ACT: Bans the employment of children, i.e. those who have not completed their 14 year, in specified occupations and process; Lays down a procedure to make additions to the schedule of banned occupations or processes; Regulates the working conditions of children in occupations where they are not prohibited from working; Lays down penalties for employment of children in violation of the provisions of this Act, and these Acts which forbid the employment of children; Brings out uniformly in the definition of "Child " in related laws.
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The Act prohibits employment of children below 14 years of age in occupations and processeslisted in Part A and B of the Schedule to the Act. Through a Notification dated 26.5.1993, the working conditions of children have been regulated in all employments, which are not prohibited under the Child Labour (Prohibition & Regulation) Act 1986. Through a Notification dated 27.1.1999 the Schedule has been modified by adding six more occupations and 33 processes, thereby bringing the total to 13 occupations and 51 processes respectively.

Section 5 of the child Labour (Prohibition & Regulation) Act 1986, provides for the constitution of a child labour Technical Advisory Committee to advise the Central Government for the purpose of addition of occupations and processes to the schedule of the Act.