mellss yr4 comm med legislative measures india
TRANSCRIPT
Nur Amalina Bt Aminuddin Baki082012100067
Introduction
Duty of employer? Worker > machine
Worker cannot be permitted to endanger his life and limb while the employer makes a fortune.
Factory Law
To govern the conditions in industry To safeguard the health and welfare of the worker.
Examples of factory laws in India :1) The Factories Act, 19482) The Employees’ State Insurance Act, 19483) Others:
The Mines Act, The Plantation Act, The Minimum Wages Act, The Maternity Benefit Act
The Factories Act, 1948
1881: First Indian Factories Act Revised and amended several times
Factories (Amendment) Act, 1987 Factories (Amendment) Bill, 2014
1) SCOPE : Factory:(i) 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 with the aid of power, or is ordinarily so carried on, Or (ii) 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,-
Worker:a person with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process
1) SCOPE : Factory:(i) 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 with the aid of power, or is ordinarily so carried on, Or (ii) 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,- Worker:a person with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process
India except Jammu and
Kashmir
2) Health, Safety and Welfare
Chapter III, IV, IVA & VHEALTH:
Cleanliness, Treatment and disposal of
wastes, The elimination of dusts and
fumes, Control of temperature, Supply of cool drinking water
during summer
SAFETY: Casing of machineries, Eyes protection,Precautions against explosives, Maximum weights to be lifted, Safety Officers
WELFARE: Washing facilities, Sitting facilities, First aid, Shelters, Rest rooms, Lunch room, Canteen, Creches, Welfare Officer
3) Employment Of Young Persons
Below 14 years?Adolescent employee
Certified regarding fitness
allowed to work only between 6 A.M – 7 P.M
Restriction on women and child in certain occupations
4) Hours Of Work
Maximum 48 hours per week Not exceeding 9 hours per day
Rest : ½ hour after 5 hours of continuous work.Adolescent: 4 and half hours
Total > 60
5) Leave With Wages
Besides weekly holidayAfter 12 month’s continuous service :
Adult : 1/20 days of work Children : 1/15 days of work
• Accumulated up to 30 days in adults 40 days in children.
6) Occupational Diseases
Obligatory to give information regarding: specified accident which cause death, serious bodily injury occupational diseases.
7) Employment In Hazardous Process
Site Appraisal Committee Chief Inspector and other members, for examination of service conditions of employees
The Employee
s State Insurance Act,1948
ESI Act
Passed in 1948, amended in1975, 1984,1989, 2009, 2010
For social security and health insurance
1) Scope
Extends to whole of IndiaDefines factory as:
All power- using factories other than seasonal factories wherein 10 or more persons were employed ( excluding mines, railway and defence establishment)
2) Administration
Administration: ESI CorporationChairman: Union Minister for LabourVice- Chairman: Secretary to Ministry of
LabourMembers: members of Central and State
governments, employers and employees’ organization, medical profession and Parliament
Standing Committee: executive body for administrations
Medical Benefit Council : relating to medical relief
Head office in New Delhi23 regional office611 branch offices197 cash offices352 inspection offices
3)
Grants from Central and State Government Employer : 4.75 % Employee : 1.75%
Exempted if daily wages below Rs.70
Medical Care expenditure :State government ( 1/8)ESIC ( 7/8)
Reference
K. Park , Textbook of Preventive and Social Medicine, 21st edition.
http://pblabour.gov.in/pdf/acts_rules/factories_act_1948.pdf
http://www.esic.nic.in/Tender/ESIAct1948Amendedupto010610.pdf