Discuss the provisions relating to the employment of Children and Young Person in a factory. Are there any specific provisions concerning women workers in a Factory? Discuss.

Question: Discuss the provisions relating to the employment of Children and Young Person in a factory. Are there any specific provisions concerning women workers in a Factory? Discuss.

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Answer

The employment of young persons is regulated by Sections 67 to 77 of the Factories Act, 1948 in India. These provisions lay down certain rules and regulations with respect to the employment of young persons in factories, in order to ensure their safety and welfare. Here is a detailed description of the provisions:

Definition of young persons:

Section 2(m) of the Act defines young persons as individuals who have not completed 18 years of age.

Prohibition on employment of young persons:

Section 67 of the Act prohibits the employment of young persons in any factory except with the written permission of the Chief Inspector of Factories. The Chief Inspector may grant such permission subject to such conditions as he may think fit to impose.

Hours of work for young persons:

Section 71 of the Act lays down that no young person shall be required or allowed to work in any factory for more than 4.5 hours on any day, and for more than 9 hours in any week. In addition, no young person shall be employed during the night shift, i.e., between 7 p.m. and 6 a.m.

Annual leave with wages:

Section 78 of the Act provides that every young person who has worked in a factory for a period of 240 days or more in a calendar year shall be entitled to a minimum of 15 days of annual leave with wages.

Medical examination:

Section 73 of the Act requires that every young person who is employed in a factory shall be examined by a certifying surgeon before he is employed in the factory, and at least once in every 12 months thereafter. The certifying surgeon shall issue a certificate of fitness in respect of the young person.

Health and Safety Provisions:

Section 74 of the Act lays down that no young person shall be required or allowed to work in any factory in any hazardous occupation or process. In addition, Section 75 requires that every factory employing young persons shall maintain a register of all accidents and dangerous occurrences involving young persons.

Welfare provisions:

Section 76 of the Act requires that every factory employing young persons shall provide adequate washing facilities, a canteen, a restroom, and a creche if there are more than 30 young women employed in the factory.

In conclusion, the employment of young persons is subject to strict regulations under the Factories Act, 1948 in India. These regulations are aimed at ensuring the safety, health, and welfare of young persons who are employed in factories.

The employment of children in a factory is strictly regulated under the Factories Act, 1948 in India. The provisions relating to the employment of children in a factory are as follows:

Age Limit: No child who has not completed his or her fourteenth year of age can be employed in a factory.

Working Hours: The working hours of a child in a factory are limited to 4.5 hours per day and 20 hours per week.

Night Work: No child is allowed to work in a factory between 7 pm to 8 am.

Rest Intervals: A child is entitled to at least one rest day in a week.

Health and Safety: The employer must ensure the health and safety of the children working in the factory.

Provisions Relating to Women Workers in a Factory:

The Factories Act, 1948 contains specific provisions for women workers in a factory to ensure their safety, health, and welfare. Here are some of the key provisions:

Employment of women:

Section 66 of the Act prohibits the employment of women in any factory during the night shift, i.e., between 10 p.m. and 6 a.m. However, the State Government may permit the employment of women during the night shift in certain circumstances, provided that adequate safeguards are provided for their safety and welfare.

Health and Safety Provisions:

Section 21 of the Act requires that every factory shall be kept clean and free from effluvia arising from any drain, privy, or other nuisance. Section 22 requires that adequate ventilation be provided in every factory, and Section 23 requires that sufficient lighting be provided in every part of the factory where workers are working.

Facilities for Women Workers:

Section 42 of the Act requires that every factory employing more than 30 women workers shall provide a separate and suitable room for their use during their rest periods. In addition, Section 48 requires that every factory employing more than 250 workers shall provide a suitable and adequate lunch room for the use of the workers, including women.

Maternity Benefits:

Section 11A of the Act provides for maternity benefits for women workers. Every woman worker who has worked in a factory for a period of at least 80 days during the 12 months preceding her expected date of delivery shall be entitled to maternity benefit, which shall be paid at the rate of her average daily wages for the period of her actual absence.

Medical examination:

Section 61 of the Act requires that every woman worker shall be examined by a certifying surgeon before she is employed in a factory, and at least once every 12 months thereafter. The certifying surgeon shall issue a certificate of fitness in respect of the woman worker.

Chapter III and Chapter IV of the Factories Act provide for health and safety provisions respectively. Some of the provisions that specifically cater to the health and safety of women workers in a factory are as follows:

Section 19: Latrines and Urinals

Section 19 of the Factories Act mandates that every factory must have enough latrine and urinal accommodations, for both men and women which should be accessible to all the workers at all times. No person can be barred from using them at any time and the employer must maintain adequate cleanliness and sanitation in the latrines and urinals at all times. There should also be washing places nearby. This is all very necessary for keeping the workers healthy. Women, in particular, should not have any problem. This section aims to keep women and men healthy at all times. Though unfortunately both women and men had to work overtime with no toilet breaks by their employer in this COVID-19 pandemic to continue supplying the growing demands of their consumers.

Section 22: Work on or near machinery in motion

The Factories Act very clearly states in Section 22 that the lubrication of machinery and/or adjustment of any machinery or any part of it, while it is in motion, will not be done by any woman or a young person. This Section exists to prevent any dangerous injury to any woman or child (young person).

Section 34: Excessive weights

Section 34 gives certain powers to the concerned State Government to make rules regarding the maximum weight limit which would be lifted by women, men, and younger people in the factories. It is clearly given that no one can be employed or asked to move or lift a weight that may cause them harm or injury.

Section 27: Prohibition of employment of women and children near cotton-openers

Section 27 of the Factories Act prohibits any women in employment to be employed in any part of a factory for pressing cotton or in which a cotton opener is used. This is done to keep the women healthy as there is a high risk of the cotton bales generating flames. When wet cotton bales are being pressed (in cotton pressing) they generate high amounts of heat and the things around them can catch fire. In many instances, the dry cotton bales nearby have caught on fire and have caused fire-related accidents and burns to the people in the immediate vicinity. Women are not allowed in the process so as to prevent burn-related injuries.

Furthermore, the sudden opening of cotton bales (in the cotton opening) may result in the steel straps holding them to split open and disengaging, which sometimes hits the people nearby, this can cause a lot of pain and injury. Hence, so as to protect women from such injuries, they are prohibited to be employed in cotton opening procedures. Though women can be employed in other parts of cotton factories that are not hazardous to health such as cloth-making, weaving, cotton cleaning, dyeing, etc.

The Factories Act, 1948 contains several provisions for the safety, health, and welfare of women workers in a factory. These provisions are aimed at ensuring that women workers are able to work in a safe and healthy environment, and are provided with the necessary facilities and benefits to support their well-being

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