The factories Act 1948 was passed by the constituent assembly on 28 August 1948, assent was given by the Governor-General of India on 23 September 1948 and the said Act came into force from April 1949. Its main object is to protect and safeguard the interest of the workmen employed in the Industrial establishment and hence various provisions relating to health safety and welfare of the workmen are enshrined in the Act.
Increasing number of accidents involving workers has drawn attention towards safety measures in the factories. Accidents not only affect workers losing their livelihood but also employers in terms of compensation to be paid to the workers.
Accidents are caused due to disregard of the workers by the managerial service of the factory. Increase use of machines and technology has caused a complexity in terms of process of production. This has given rise to risks and are dangerous to the life of such worker working on such machinery. Therefore, it is important to safeguard rights of such workers of factories and provide them with such health and safety welfare.
The main objective of the Indian Factories Act, 1948 is to regulate the working conditions in factories, regulate health, safety, welfare and annual leave; also enact special provision in respect to the young person, women and children who work in the factories, these include the following:
– Working Hours = Working hours of the workmen should be maintained and shall be granted with a weekly off.
-Health= For maintaining a proper health, factory should be well-equipped with adequate necessities and the premises shall be kept clean and hygienic for them to work.
-Safety= Workers have to work on many huge and complex machines which enhance the danger to their life. Therefore, a need for safety protocol is must, such as the machinery should be fenced, there should be provision for manholes of adequate size so that in case of emergency the workers can escape; experienced person should be in charge of tedious tasks.
-Welfare= Facilities for storing and drying clothing, facilities for sitting, first-aid appliances, shelters, rest rooms and lunch rooms, crèches, should be there.
During the ongoing pandemic, the nationwide lockdown imposed by the Central government compounded to lot of distress and discomfort which led to migration of labors and workers on a large scale. This mass migration has led to labor deficit. Few state governments which have power have affected amendments to the existing laws.
This act also casts various obligations, responsibilities and duties on the occupier to maintain ventilation of spaces and prevent the circulation or clogging of air, all doors/windows will be kept open during office hours. Many workplaces have discontinued its bio-metric swiping system for attendance and replaced it with the online attendance system.
Although lifts are to be kept clean and sanitized frequently, the premises have been advised avoiding crowding at any point in time, pertaining to current Covid-19 situation.
Due to health & safety provisions of Factories Act, 1948, the worker’s life is protected. If they were exposed to serious accidents due to improper screening of machines, they have right to compensation.
This act helps in Improving industrial relation i.e., employee-employer relations and minimizes industrial disputes. Protects workers from exploitation by the employers or management. This subject also helps workers in getting fair wages and minimizing labor unrest.
This act has helped workers to safeguard their employment and without a valid reason the labors are not discharged, suspended or dismissed. Due to health provisions of Factories Act, 1948, labors have proper sanitation and healthy working environment. Therefore, it is necessary to educate the workers about the Act enacted to safeguard their employment, safety and health at their workplace.
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
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