There has been a rise in large scale factory in India in the second half of the 19th century.
Major Moore,Inspector in Chief of Bombay Cotton Department brought up the issue for the provision of legislation to manage the working condition in factories.The Bombay Factory Commission of 1875 recommended the same.1ST factory act passed in England was in 1833 for improving condition of children working in factories.
During the time of Viceroy Lord Ripon,the first factories act,1881 was passed to improve the condition of labour.
Provisions related to FA,1881:-
Children aged between 7-12 years->9hrs/day
Mid day meal interval
Employment of children below 7yrs prohibited
Fencing of machinery
Provisions related to FA,1991:
– Increased Minimum age of unemployable children to 9yr
Reduced max working hours for children to 8hrs and for women hrs,with no night shifts for both.
No provisions for fixing working hours for men
—Provisions related to FA,1911:-
Working hours for men fixed at 12hr/d
— Provisions related to FA,1922:-
Minimum age of children raised to 12yr
— Provisions related to FA,1934:-
Distinction between perennial and seasonal factories(11hr/d and 60 hr/week)
Principle of spread over introduced(13hr-adults)
WORKING HOURS OF ADULTS AS PER FACTORIES ACT,1948
No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week.
54. Daily hours.—
Subject to the provisions of Section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day.
55. Intervals for rest.-
The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.
56. Spreadover.—The periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest under Section 55, they shall not spreadover more than ten and a half hours in any day.
(1) No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless—
(a) he has or will have a holiday for a whole day on one of the three days
immediately before or after the said day, and
(b) the manager of the factory has, before the said day or the substituted day
under clause (a), whichever is earlier,—
(i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and
(ii) displayed a notice to that effect in the factory.
(2)Revocation of notice-notice under Subsection 1 may be cancelled by a notice delivered at
the office of the Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to be cancelled, whichever is earlier.
(3) Any worker works on the said day and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding (PREVIOUS)week.
*no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.
53.Compensatory holidays.-From the provisions of Section 52, if a worker is deprived of any of the weekly holidays for which provision is made in sub-section (1) of that section, then he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.State govt to decide manner of providing such holidays
57.Night shifts.—Where a worker in a factory works on a shift which extends beyond midnight then for the worker holiday of whole day would be a period of consecutive 24hrs as soon as the shift ends.
The work done would be counted as that done on the previous day.
58. Prohibition of overlapping shifts.—Work shall not be carried on in any factory by means of a system of shifts so arranged that more than one relay of workers engaged in work of the same kind at the same time.
59. Extra wages for overtime.—Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work be entitled to wages at the rate of twice his ordinary rate of wages.Includes –BASIC SALARY,ALLOWANCESExcludes-bonus,other perks.