Industrial Legislations

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Description of laws for the industrial sector.

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Industrial Legislations:

Industrial Legislations Dr. Gopalrao Jogdand, M.D. Ph.D. Professor & Head, Community Medicine, CAR Medical College

Legislations for the workers:

Legislations for the workers Indian factories Act. The E.S.I.S. Act. Indian Mines Act. Plantation Act. Minimum Wages Act. Workmen’s compensation Act. Dock labourers Act.

Indian Factories Act 1948:

Indian Factories Act 1948 Act defines factory as an establishment employing 10 or more workers where power is used and 20 or more workers where power is not used. This act mainly governs the health, safety and welfare of the workers. This act applies to the whole country except the state of Jammu and Kashmir.

Enforcement of the Law:

Enforcement of the Law The duty of implementation of the law is vested to the state governments. The state governments are authorized to appoint Chief Inspector of factories as many as additional chief inspectors, joint chief inspectors, deputy chief inspectors, and inspectors. Their responsibilities include inspection of factories, implementation of the law.

Provisions under the Law:

Provisions under the Law Chapter III,IV ,IV A and V deal with health, safety and welfare of the workers. In addition it governs cleanliness, lighting and ventilation of the industry. Treatment of waste and effluents and their safe disposal. Elimination of dust and fumes. Provision of sanitary facilities such as toilets and spittoons.

Continued….:

Continued…. Control of temperature. Supply of safe and cool drinking water. Minimum 500 cubic ft. Space/worker. Protection of workers eyes. Specification of weights to be lifted by men, women and children. Appointment of safety officer in factories employing 1000 and more workers.

Continued….:

Continued…. Provision of washing facilities for the workers. Provision of canteen and rest rooms. Appointment of labour welfare officer for 500 workers.

Special provisions for women workers:

Special provisions for women workers If women workers are more than 30 separate toilet and bathroom facilities. At the same time provision of crèches. No women worker should work in the night shift. No women should be employed in the hazardous area. No women will be allowed to lift heavy weights.

Employment of young persons:

Employment of young persons The law does not permit employment to children under 14 years of age. Young persons between 15 to 18 years allowed to work between 6 AM and 7 PM. In a working week they can work for four and half hours/day.

Hours of Work:

Hours of Work Maximum 48 working hours/week. Not exceeding 9 hours/day. Rest of ½ hour after continuous working for 5 hours. Total no. of working hours including over time should not exceed 60 hours/week.

Leave with Wages:

Leave with Wages Entitlement to leave with wages after 12 months continuous service. Adults: 1 day for every 20 days of work. Adolescents: 1 day for every 15 days of work. Leave can be accumulated for adults for 30 days and 40 days in case of adolescents.

Occupational diseases:

Occupational diseases It is mandatory for the factory management to give information regarding occupational diseases contracted by the workers. Information regarding accidents causing bodily injury or death. Act provides a list of notifiable diseases.

List of Industrially notifiable diseases:

List of Industrially notifiable diseases All sorts of pneumoconiosis. Chronic lead poisoning. Occupational dermatitis. Occupational cancers. Noise induced hearing loss. Industrial accidents.

The E.S.I.S. Act:

The E.S.I.S. Act First promulgated in 1948. Amended in 1975, 1984, 1989. Scope of the Act whole country except Jammu & Kashmir. Covers all power using industries other than seasonal industries. Industries covered after the 1975 amendment of the Act: 1. Small power using industries employing 10 to 19 workers and non-power using industries employing 20 or more workers.

Continued….:

Continued…. Shops. Hotels and restaurants. Cinemas and Theatres. Road-motor transport. News paper establishments. From 01/04/1975 the Act covers all worker categories named clerical, supervisory and technical having pay up to Rs. 7500/month.

Benefits given to the workers under E.S.I.S. Act:

Benefits given to the workers under E.S.I.S. Act Medical benefits: Under this provision of O.P.D. and I.P.D. services through ESIS dispensaries and hospitals are provided to the workers. In cities like Mumbai services of Private practitioners are utilized for providing health care through panel system of doctors. Sickness benefits: Periodical cash payments to the insured person for a maximum period of 91 days at the rate of 50% of the daily wages.

Continued….:

Continued…. Extended sickness benefits: For certain chronic diseases of long term origin, a leave with wages for 309 days is given. There is a list of 34 diseases which is given below: 1. T.B. , Leprosy, chronic empyema, AIDS. 2. Malignant diseases. 3. D.M. with proliferative retinopathy/ Diabetic foot/Nephropathy. Mono/Hemi/Paraplegia, Hemiparesis , Intracranial S.O.L., Cord compression, Parkinsonism, Myasthenia gravis, immature cataract, retinal detachment, Glaucoma.

Continued….:

Continued…. Coronary Artery Disease, congestive heart failure, cardiac valvular diseases, cardiomyopathy. Bronchiactesis, interstitial lung disease, COPD with cor pulmonale. Cirrhosis of liver with ascitis /Chronic active hepatitis. Dislocation of vertebrae/ prolapse of inter-vertebral disc, non union or delayed union of fracture, post traumatic surgical amputation of lower extremity, compound fracture with chronic osteomyelitis

Continued….:

Continued…. Schizophrenia, endogenous depression, Manic depressive psychosis, dementia. More than 20% burns with infection or complications. Chronic renal failure. Reynaud’s/Burgers disease. During the illness person is protected from dismissal or discharge by the employer.

Maternity benefits:

Maternity benefits For confinement, leave of 12 weeks duration is admissible. 6 weeks before delivery and 6 weeks after delivery. Abortion (miscarriage) 6 weeks leave is permissible, for any sickness arising out of pregnancy or child birth a leave of 30 days. Cash benefit along with leave is given for 14 days for tubectomy and 7 days for vasectomy.

Disablement benefit:

Disablement benefit The Act provides for cash payments besides free medical treatment for temporary or permanent disablement as a result of employment injury. Rate of cash payment for temporary disablement is 70% of the wages. In case of permanent disablement insured person is given life pension.

Dependant benefit:

Dependant benefit In case of death as a result of employment injury the dependants of insured person are eligible for periodical payment @ 70% of the wages. A dependant son/daughter are eligible for this benefits up to 18 years of age.

Other benefits:

Other benefits FUNERAL BENEFIT: In the event of death of a insured person a cash payment of Rs. 2500/- is given as expenses for the funeral. REHABILITATION BENEFIT: On the monthly payment of Rs/- 10 the I.P. and his family members continue to get the medical treatment after permnant disablement or retirement.

Other medical benefits:

Other medical benefits Provision of dentures, spectacles and hearing aids free of cost to the I.P. Provision of artificial limbs to the I.P. in case of employment injury. Special appliances such as hernia belt, walking calipers, surgical boots, spinal braces and jackets are provided free of cost.

Rajiv Gandhi shramik kalyan yojna:

Rajiv Gandhi shramik kalyan yojna For the employees covered, the E.S.I.S. Act provides for unemployment allowance, unemployed due to retrenchment or closure of the factory. To avail this benefit a I.P. should have worked for at least five or more years is entitled to get unemployment allowance for maximum period of 6 months @ prescribed in the standard benefit rate.

Thank you:

Thank you

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