Enforcements

Legislation being implemented on

  • The Factories Act, 1948 and c g Factories Rules 1966
  • The Payment of Wages Act, 1936
  • The Maternity Benefit Act, 1961 and Rules (in respect of Factories)
  • Manufacture, Storage and import of Hazardous Chemicals Rules – 1989 (in respect of Factories) 
  • Chemical Accidents (Emergency Planning, Preparedness and Response Rules 1996

PAYMNET OF WAGES ACT, 1936 AND THE RULES MADE THERE UNDER

Objective of the legislation:

The payment of wages act, 1936 regulates the payment of wages to certain classes of persons employed in the industry. The scope of this act is limited to the persons drawing the earned wages for the month, which does not exceed Rupees one thousand six hundred. The department is enforcing this legislation to the persons employed at the registered factories.

Main provisions envisaged in the Act:

  1. It regulates the payment of wages in time i.e., not later that 7th Day from the last day of the wage period for factories employees than 1000 employees and 10th day for factories exceeding 1000 employees.
  2. Wages shall be paid in cash in current currency with in the working hours.
  3. Only authorized deductions can be caused from the earned wages ;
  4. Workers shall be issued wage slips giving all the details of their earned wages along with the wages paid;
  5. Fines can be imposed as per the rules specified;

 

THE MATERNITY BENEFIT ACT,1961. AND THE RULES MADE THERE UNDER

Objective of legislation

An act to regulate the employment of women in certain establishment for certain period before and after child birth and to provide for maternity benefit and certain other benefits.

The  department enforces Maternity Benefit Act   And the Rules in respect of woman workers employed in the registered factories only. The Chief Inspector of Factories is the appellate authority under the Act for any issues arising in this matter.

Wherever the worker is covered by the ESI the Maternity Benefit will be paid by the ESI Corporation in other cases the management has to pay the prescribed benefits which is being monitored by the department inspectors.

 

Main provisions envisaged under the Act:

  1. Any woman worker who has worked  for minimum of 80 days in a factory is eligible to claim the benefit under the Act by her employer:;
  2. The benefit consists of payment of twelve paid holidays (six weeks pre natal and six weeks postnatal )
  3. A medical bonus of Rs. 250 /- is also eligible by the woman worker.
  4. No employer shall employ any woman in the factory before six weeks immediately following the day of her delivery ;
  5. Woman workers are restricted to perform hazardous jobs during the pregnancy period .
  6. The amount of maternity benefit for the periods preceding the day of her expected delivery can be made in advance subject to production of proof and subsequent payment shall be paid by the employer within 48 hours of production of such proof that woman has delivered the child.
  7. The woman availing this benefit shall give her claim application in the prescribed form which has to be supplied by her employer;

Any grievances in respect of entitled maternity benefit for woman worker in registered factories may seek redressal from the department by making an application to the concerned Inspector of Factories and also Senior Inspectors of factories who has been entrusted with the special task of looking in to woman welfare in registered factories.