Table of Contents
INTRODUCTION
The factory system when brought in India, it brought many Mal-labour practices in the working conditions of the factory; the need of regulating the legislature in India regarding the working conditions was felt by the legislator during the 19th century, with Factories Act, 1934 an attempt was made to regulate the conditions. All the previous resolutions regarding the factories were replaced by Factories Act 1934 in the light of recommendations of Royal Commission on labour. Several amendments were made, but the general Framework remained the same. When this act was applied it revealed a number of defects and weaknesses. Activity in the country regarding industrial due to a very large extent it came essential to overhaul the factory law.
The central legislation with design to regulate the working conditions of workmen in the place is the Factories Act, 1948. This act provides the essential provision relating to cleanliness, ventilation, sanitary management, lighting, health, safety, and welfare of the workers. to make this up applicable on the factories there should be more than 10 or more workers working at the present day or in the past 12 months and 20 or more workers work in where the work is done with the aid of power.[1]
In general terms welfare is nothing but health, happiness, and fortunes of a person or group. It is considered by some people as statutory procedure and some people consider it as a social effort assigned to promote the basic physical and material well being of people in need. From the statement above it is clear that, it is a thing that everyone desires. Everyone working in a sector have their needs according to the sectors they are working in and this implies that factory workers also have certain welfare needs and factories act 1948 define the provisions regarding this concept.
IMPORTANCE OF THESE MEASURES
Services, facilities and benefits provided by the employer to the employee for his or her comfort comes under employee welfare. It is implemented in order to raise the productivity and motivate employees. It may be in a monetary way or in any other way example using Health Insurance, stipends, transportation, provision of food.
Implementing an employee welfare scheme will raise the overall company’s budget, but it also has huge benefits for both of the parties. According to this principle of employee welfare, if an employee thinks that the Management is concerned over his or her personal needs then he will perform better because he thinks that he is not just another employee in the factory.
He who feels that he is appreciated will be most fulfilled, satisfied and most productive. Now because the employees are satisfied this will also lead to higher customer satisfaction in turn bringing the overall stability and profitability for the company to a higher level. Implementing this scheme also will help the employer in a lower employee turnover because satisfied employee will not look for another opportunities and the employer will keep the best talents with him.
Following are the facilities provided for the Welfare of workers:–
- Washing facilities (Sec 42)[2]
- Facilities for storing & Drying Clothes (Sec 43)[3]
- Facilities for Sitting (Sec 44)[4]
- First aid appliances (Sec 45)[5]
- Canteens (Sec 46)[6]
- Shelters, restroom& Lunch Rooms(Sec 47)[7]
- Creches (Sec 48)[8]
- Welfare Officers (Sec 49)
- Washing facilities (Sec 42)
- There should be adequate and suitable facilities for washing for the workers and should be maintained for their use.
- The washing facility that are there in the factory should be separate for male and female workers.
- This facility should be conveniently accessible and their cleanliness should be maintained.
- Facilities for storing & Drying Clothes (Sec 43)
- Suitable place for keeping clothes not worn during work in the factory. Facilities provided for drying of wet clothes in respect to any factory or class or description of factories.
- Facilities for Sitting (Sec 44)
- There should be proper seating arrangement where the workers, as after working for 1-2 hours can come take a break.
- It is necessary because if the workers keep on working for longer period of pass they will be less productive and in turn hindering productivity of the factory when they are working in a standing position.
- If the chief operator things that any worker who is standing can do the same work while setting he can pass and order to the occupier that seating arrangement should be made for the workers
- First aid appliances (Sec 45)
- While working in a factory or any number of injuries can happen to the workers that can be large or they can be small.
- There should be provisions in the factory that could provide immediate relief and immediate recovery, for that it is the duty of the occupier to have a first aid kit in the premises and it should be accessible by ones in need.
- Proper storage spaces of those first aid kit should be there.
- First-aid kits should be properly equipped for e.g. Anti-inflammatories, bandits Crape bandages, plaster, alcohol etc. these contents are as accorded by the Govt.
- For a factory where there are at least 150 workers there should be one first aid kit in the factory.
- The persons possible for this first aid kit should be a trained professional that has a certification in first-aid kit training and that certification should be recognized by the government
- Any in a factory where there are more than 500 people working there should be a provision for a proper ambulance room with ample amount of area and proper equipment so that the people can be admitted in needed. At that place nursing staff in that area should be easily accessible so as to minimize the injuries and to give the initial medical care to the injured person.
- Canteens (Sec 46)
- State government can make laws for canteen to function
- Factories where there are more than 250 employees working the occupier has the responsibility to maintain and run the canteen. It is for the use of workers they can eat and buy lunch.
- The state government can provide standards upon which the whole canteen should be made these include on what days to provide the lunch, construction standards, what equipment to use to make food, what are the food charges, managing committee for the canteen.
- Any expenses required for the running of the canteen other than that food should be borne by the employer.
- Shelter, Restroom, Lunchroom (Sec 47)
- Every factory where more than 150 workers are working should have a shelter, restroom and a lunch room
- These should be maintained as according to the section 46 of the act, then no lunchroom is required.
- It is the duty of the workers that if a separate lunch room exist, the workers should only eat in the lunchroom not anywhere else in the building.
- Shelters and restrooms should be there in the building with proper lightning, proper electricity and ventilation so that the workers do not suffocate for have any issues.
- The state government can give exemption, also can set standards according to which the Shelter, Restroom & Lunchroom should be maintained.
- Creches (Sec 48)
- In the factory there are not only men working but also women, they have kids and if the kids are less than 6 year old they can’t be left at home because some of the people do not have house help to look after them.
- So there should be a creches facility available in the factory, it is like a Nursing Home, a safe place for kids. Here a room is allocated for the children in the factory promises where the mother can go from time to time to look after them.
- This can only be provided if there are more than 30 working woman in a factory. The room should be a proper accommodation with proper lighting, proper ventilation and proper cleaning.
- It is so because the kids are less than 6 year old with weak immunity, the cleanliness and the overall hygiene of the room should be properly monitored
- There should be a woman who is in charge of the crutches
- The State government can make rules also mandate the standards how the Crèches should be built.
- Welfare Officers (Sec 49)
- Every factory where there are more than 500 workers working, there is a responsibility of the occupier to appoint a welfare officer for the welfare of the workers.
CONCLUSION:
There is a direct relationship between the productivity of the factory and the welfare of the workers. If we increase the welfare that is given to the workers the productivity of the company will increase, this will result in a better bottom line for the company
Many accidents have happened as a result of human carelessness, ignorance, improper supervision and because of this, there is a need that welfare of the workers should not be overlooked.
References
[1]RP.Rangeela, Mrs.Girija Anil,”Welfare Measures Under The Factories Act: A Critical Appraisal”, 120 No. 5 International Journal of Pure and Applied Mathematics, 255 (2018)
[2] The Factories Act, 1948 (Act 63 of 1948), s.42.
[3] The Factories Act, 1948 (Act 63 of 1948), s.43.
[4] The Factories Act, 1948 (Act 63 of 1948), s.44.
[5] The Factories Act, 1948 (Act 63 of 1948), s.45.
[6] The Factories Act, 1948 (Act 63 of 1948), s.46.
[7] The Factories Act, 1948 (Act 63 of 1948), s.47.
[8] The Factories Act, 1948 (Act 63 of 1948), s.48.
[9] The Factories Act, 1948 (Act 63 of 1948), s.49.
Author: Kashish Goel,
Delhi Metropolitan Education, GGSIPU 4th Year