Provisions Regarding Welfare of Workers in Factories: A Brief Study
Provisions Regarding Welfare of Workers in Factories: A Brief Study
Provisions Regarding Welfare of Workers in Factories: A Brief Study
LABOUR LAW– II
40717703516
VIII-M
ACKNOWLEDGEMENT
The success and final outcome of this project required a lot of guidance
and assistance from many people and I am extremely fortunate to have got
this all along the completion of my work. Whatever I have done is only
due to such guidance and assistance and I would not forget to thank
everyone for the same. Respect and thank Ms Richa Srivastava for giving
an opportunity to do this work and providing all the support and guidance
which helped me complete the work. I am extremely grateful to her for
providing her support and guidance.
ABSTRACT
Employees welfare includes various facilities, services and amenities
provided for improving their health, efficiency, economic betterment and
social status of the workers.The Welfare measures will improve the
physique intelligence, morality and standard of living of the workers,
which in turn will improve their efficiency and productivity. Employees
welfare schemes are flexible and ever-changing. New welfare measures
are added to the existing ones from time to time. Welfare measures may be
introduced by the employers, government, employees or by any social or
charitable agency. The purpose of employee’s welfare is to develop
personality of the workers to make a better workforce. Welfare schemes it
create efficient, healthy, loyal and satisfied labor force for the organisation.
Providing such facilities make their work life better and leads to good
standard of living. The present study focus on employees welfare measures
and what are the various statutory provisions and agencies protecting the
welfare of employees
INTRODUCTION
Welfare including various services, benefits and facilitates offered to
employees by the employer. Through such generous fringe benefits, the
employer makes life worth living for employees. The welfare facilities in
addition extended normal wages and other economic rewards available to
employees as per the legal provisions. According to Dr Parandikar,
“Labour welfare work is work for improving the health, safety and general
well-being and the industrial efficiency of the workers beyond the
minimum standard laid down by labour legislation”.The the government,
trade unions and non- government agencies provide welfare measures to
the employer. The basic purpose of labor welfare is to enrich the life of
employees and keep them happy. Welfare measures may be both statutory
and non statutory. Labour laws extend certain benefits to employees in
addition to wages,Voluntary benefits are the results of employer’s
generosity, enlightenment, and philanthropic feelings.
HYPOTHESIS
H0- Welfare measures are not properly implemented in factories Ha-
Welfare measures are properly implemented in factories
OBJECTIVE
● To critically analyse Factories Act, 1948
● To study the benefits and welfare of workmen under Factories Act,
1948
BIBLIOGRAPHY
1. Factories Act, 1948.
WELFARE MEASURES
The welfare measures involve three major aspects which are - occupational
health care, suitable working time and appropriate salary. It refers to the
physical, mental, moral, and emotional well-being of an individual
(Vestergaard 1999). The safe work environment provides the basis for the
person to enjoy working. The work should not
pose a health hazard for the person. The welfare measures aim at
integrating the socio-psychological needs of employees, the unique
requirements of a particular technology, the structure and processes of the
organization and the existing socio- cultural environment (Dr.R.Madhesh
et al. 2012). It creates a culture of work commitment in organizations and
society which ensure higher productivity and greater job satisfaction to the
employees. The welfare measures are defined in the same way as defined
by the I.L.O. at its Asian Regional Conference, "A term which is
understood to include such services, facilities and amenities as may be
established in or in the vicinity of undertakings to enable the persons
employed in them to perform their work in healthy, congenial
surroundings and to provide them with amenities conducive to good health
and high morale." Shoba Mishra and Dr.Manju Bhagat, 2007 in their
article discusses about labour welfare activities in an industrialized society.
It is the extension of democratic values in an industrialized society.
Kwong- Leung Tang and Kiu Cheung (2007) Studies survey data from
1240 welfare recipients in Hong Kong investigate effectiveness of various
measures to diminish welfare dependency. Findings offer support to
generality of claim about effectiveness of welfare to work programs.
Ashok Kumar Sheoron, 2013 has studied about the implementation of
factories Act in three industries namely, national fertilizers ltd, panipat spl
ltd, bahadurgarh and cooperative sugar mill Karnal in Haryana. Due to the
welfare measures, the employees feel that the management is interested in
taking care of the employees that result in the sincerity, commitment and
loyalty of the employees towards the organization. The employees work
with full enthusiasm and energetic behavior which results in the increase in
production and ultimately the increased profit. The article, awareness of
workers to health, safety and welfare provisions under factories Act, 1948
has examined the awareness level of workers under factories Act (Kumar
2003). The author has analysed that female and married workers are more
aware of the factories Act provisions compared to male International
Journal of Pure and Applied Mathematics Special Issue 258 and unmarried
workers. Likewise, Upadhaya, 2006 have examined awareness and
implementation of statutory and non-statutory labour welfare measures in
garment and hosiery industry. Keerthi Sriya A, Dr.Panatula Murali
Krishna, 2014 their research focuses in exploring the
status of awareness and satisfactory levels of various provisions of Indian
factories Act, 1948 in target organization ―Penna cement Industriesǁ,
Andhra. (S.Hariharan et al. 2011) The measures of welfare give result after
a long period of time. It is a long process, so the management has to keep
patience while providing the welfare facilities for the employees. While
deciding the welfare facility for the employees, the management has to do
discussions with the persons who are now going to avail the facilities. The
communication increases the cohesiveness between the management and
the employees and thus industrial relations improve.(S.Hariharan et al.
2011; Thiruchanuru and Vijeta 2013; Sankaralingam 2015)
— The floor of every room shall be cleaned. This shall be done at least
once every week by washing, using disinfectant or by some other effective
method;
1Available at-http://rjhssonline.com/HTMLPaper.aspx?
Journal=Research+Journal+of+Humanities+and+Social+Sciences%3BPID%3D2013-4-1-7
— All inside wall and partitions, all ceilings or tops of rooms and all walls,
sides and tops of passages and staircases shall
iii) Floors and walls and the sanitary pans of latrines and urinals shall be
thoroughly washed and cleaned at least once in every seven days with
suitable detergents or disinfectants or with both. International Journal of
Pure and Applied Mathematics Special Issue 263
(x) Spittoons –
Sufficient number of spittoons must be provided in every factory and
maintained in clean and hygienic condition. No person shall spit within the
premises of a factory except in the spittoons. A notice containing this
provision and the penalty for its violation shall be prominently displayed at
suitable places in the factory premises.
Neeraj Kumari, Rajnish Ratna in their study have focused on health, safety
and welfare provisions of factories Act, 1948 in manufacturing sectors,
Gujarat.
Safety Provisions in the Factories Act2 (Swanston 1969) The Factories
Act provides for the following safety measures:—
(i) Fencing of Machinery -
In every factory, measures should be taken for secured fencing of
machinery. Safeguards of substantial construction must be raised and
constantly maintained and kept in position while the parts of machinery
(they are fencing) are in motion or in use.
Fencing is necessary in respect of:
— Every moving part of a prime mover;
— Headrace and tailrace of every water-wheel and water turbine;
— Every part of an electric generator, a motor or a rotary convertor; —
2 Available at-http://www.yourarticlelibrary.com/human-resources/factories-act-1948-provisions-
for-labour-welfare-in-india/26110
Every part of transmission machinery; and
— Every dangerous part of any other machinery.
It was held in Caroll v. Andrew Barely and Sons Ltd. that the duties under
Sec 21 is not only confined to shutting off the employee from danger, but
includes shutting in the machinery so that it cannot fly out and strike the
workmen if it breaks.
(ii) Work on or near Machinery in Motion –
Where in any factory, it becomes necessary to examine any part of
machinery,
while the machinery is in motion, such examination shall be carried out
only by specially trained adult male workers. Such workers shall wear
tight fitting clothing and their names shall be recorded in the register
prescribed in this connection. The machinery in motion with which such
workers would otherwise be liable to come in contact during the course of
its examination, shall be securely fenced to prevent such contact. No
woman or young person shall be allowed to clean, International Journal of
Pure and Applied Mathematics Special Issue 264 lubricate or adjust any
part of a prime mover or transmission machinery, while the machinery is
in motion.
vi) Every gate shall be fitted with interlocking or other efficient device to
secure that the gate cannot be opened except when the cage is at the
landing and that the cage cannot be moved unless the gate is closed.
International Journal of Pure and Applied Mathematics Special Issue 266
Where in the hoists and lifts used for carrying persons, the cage is
supported by rope or chain, there shall be at least two ropes or chains
3https://www.slideshare.net/RahulBhosale24/welfare-measures-of-factory-act1948
separately connected with the cage and balance weight, and each rope or
chain with its attachments shall be capable of carrying the whole weight of
the cage together with its maximum load.
Efficient devices shall be provided and maintained capable of supporting
the cage together with its maximum load in the event of breakage of the
rope, chain or attachments. An efficient automatic device shall be provided
and maintained to prevent the cage from overrunning.
i) No person shall enter any chamber, tank, vat, pit, pipe or other confined
space in a factory in which dangerous fumes are likely to be present to
such an extent as to cause risk of persons being overcome thereby;
4https://www.srdlawnotes.com/2017/11/the-welfare-and-safety-provisions-of.html
ii) No portable electric light of voltage exceeding twenty four volts shall
be permitted in any factory for use inside any confined space. Where the
fumes present are likely to be inflammable no lamp or light, other than of
flame–proof nature, shall be allowed to be used.
iii) No person in any factory shall be allowed to enter any confined space,
until all practicable measures have been taken to reverse any fumes which
may be present and to prevent any ingress of fumes.
iv) Suitable breathing apparatus, reviving apparatus and belts and ropes
shall be kept in every factory for instant use. All such apparatus shall be
periodically examined and certified by a competent person to be fit for use.
v) No person shall be permitted to enter in any factory, any boiler, furnace,
chamber, tank, pipe, or other confined space for the purpose of working or
making any examination until it has been sufficiently cooled by ventilation
or otherwise to be safe for persons to enter.
(xvii) Explosive or Inflammable Dust, Gas etc. –