Published on January 28, 2014
FACTORIES ACT 1948
CHAPTER 1 What is factory act? Definitions under the act
ABOUT THE FACTORY • THE FACTORIES ACT, 1948 • ACT NO. 63 OF 1948 • [23rd September, 1948.] • An Act to consolidate and amend the law regulating labour in factories. Whereas it is expedient to consolidate and amend the law regulating labour in factories.
DEFINITIONS "adult" means a person who has completed his fifteenth year of age. "adolescent" means a person who has completed his fifteen year of age but has not completed his eighteenth year. "calendar year" means the period of twelve months beginning with the first day of January in any year. "child" means a person who has not completed his fifteenth year of age. "competent person", in relation to any provision of this Act, means a person or an institution recognised as such by the Chief Inspector for the purposes of carrying out tests, examinations and inspections required to be done in a factory under the provisions of this Act having regard to-
"hazardous process" means any process or activity in relation to an "young person" means a person, who is either a child or an adolescent; "day" means a period of twenty-four hours beginning at midnight; "week" means a period a seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Chief Inspector of Factories; "power" means electrical energy, or any other form of energy, which is mechanically transmitted and is not generated, by human or animal agency; ; industry specified in the First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, byproducts, wastes or effluents thereof would-(i) cause material impairment to the health of the persons engaged in or connected therewith, or (ii) result in the pollution of the general environment:
"transmission machinery" means any shaft, wheel, drum, pulley, system of pulleys, coupling, clutch, driving belt or other appliance of device by which the motion of a prime-mover is transmitted to or received by any machinery or appliance; "machinery" includes prime-movers, transmission machinery and all other appliances, whereby power is generated, transformed, transmitted or applied; "manufacturing process" means any process for (i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing or otherwise treating or adopting any article or substance with a view to its use, sale, transport, delivery or disposal; or [(ii) pumping oil, water, sewage, or any other substance; or ] (iii) generating, transforming or transmitting power; or (iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book-binding ;7[or] (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels ; [or] (vi) preserving or storing any article in cold storage;
"worker" means a person [employed directly or by or through any agency (including a contractor)with or without the knowledge of the principal employer whether for remuneration or not] in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with the manufacturing process, or the subject of the manufacturing process [but does not include any member of the armed forces of the Union]; "factory" means any premises including the precincts thereof (i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power,or is ordinarily so carried on, or (ii) whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on. "occupier" of a factor means a person, who has ultimate control over the affairs of the factory, "prime-mover" means any engine, motor or other appliance, which generates or otherwise provides power;
3. References to time of day In this Act references to time of day are references to Indian Standard Time being five and a half hours, ahead of Greenwich Mean Time. Provided that for any area in which Indian Standard Time is not ordinarily observed the [State] Government may make rules 1.specifying the area, 2.defining the local mean time ordinarily observed therein, and 3.permitting such time to be observed in all or any of the factories situated in the area. 4. Power to declare different departments to be separate factories or two or more factories to be a single factory The State Government may, 20[on its own motion or] may, on writing, 20[and subject to such conditions as it may deem fit],that for all or any of the purposes of this Act different departments of branches of a factory of the occupier specified in the application shall be treated as a single factory.] 20[Provided that no order under this section shall be made by the State Govt. on its own motion unless an opportunity of being heard is given to the occupier.
CHAPTER -2 1. INSPECTORS -how they are been appointed? -Powers of inspectors 2. CERTIFIED SURGEONS Duties performed by them
HOW INSPECTORS ARE APPOINTED? (1) The State Government may, by notification in the Official Gazette, appoint such persons as inspectors for the purposes of this Act and may assign to them such local limits as it may think fit. (2)The State Government may, by notification in the Official Gazette, appoint any person to be chief Inspector who shall, in addition to powers conferred on Chief Inspector under this Act, exercise the powers of an Inspector throughout the State. 35 [(2A)The State Government may, by notification in the Official Gazette, appoint as many Additional Chief Inspectors, Joint Chief Inspectors and Deputy Chief Inspectors and as many other officers. (2B) Every additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector and every other) in the notification by which he is appointed, shall exercise the power of an Inspector throughout the State.
(No one shall be permitted to be appointed in sub-section (1), sub-section (2), 37[sub- section (2A)] or sub-section (5), , shall continue to hold office, who is or becomes directly or indirectly interested in a factory or in any process or business carried on therein or in any patent. (4) Every District Magistrate shall be an Inspector for his district. (5) The State Government may also, by notification as aforesaid, appoint such public officers as it thinks fit to be additional Inspectors for all or any of the purposes of this Act, within such local limits as it may assign to them respectively (6) In any area where there are more Inspectors than one the ![State] Government may, by notification as aforesaid, declare the powers which such Inspectors shall be respectively exercise and the Inspector to whom the prescribed authority as the State Government may specify in this behalf. notices are to be sent. (7) Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector, Inspector and every other officer appointed under this section], shall be deemed to be a public servant within the meaning of the Indian penal Code (XLV of 1860), and shall be officially subordinate to such authorities
POWERS OF THE INSPECTOR: • An inspector may exercise the following powers: Enter with such assistants , being persons in the service of the government. Make examination of the premises plant and machinery. Require the production of any prescribed register and any other document relating to the factory. Inquire into the accident or dangerous occurrence. Seize or take the copies of the register. Take measurement and photographs an make recordings. Exercise the other powers as prescribed.
CERTIFIED SURGEONS • The state government may appoint the qualified medical practitioners to be a certifying surgeon for the purposes of the act . Duties a)The examination and certification of young persons b)The examination of persons engaged in factories and in dangerous occupations. c)Medical supervisions of factories
CHAPTER 3 Introduction Various definition under factory act Provisions for health Provisions for safety
INTRODUCTION Working conditions of factory workers in India has been historically very pathetic. Due to poverty and exploitation by factory owners, workers had practically no option. Due to an increase in industrial activity in the later half of the 19th century, attempts were made to improve the condition of the workers through various acts. The act of 1948 builds upon the act of 1934 after understanding the defects and weaknesses of the earlier act. The various changes made in the act of 1948 are: The widening the definition of a 'Factory' to include any industrial establishment employing 10 or more people that uses power, or any industrial establishment that employs more than 20 people that does not use any power. The distinction between seasonal and non-seasonal factories was removed. Increasing the minimum age of children, eligible to work from 12 to 14. Reducing the hours of work for children, from 5 to 4 and a half. Prohibiting children from working after 7 PM and before 6 AM. Explicit and special focus on health, safety, and welfare of all sorts of workers.
VARIOUS TERMS DEFINED UNDER FACTORIES ACT 1948 • Sec 2(k) Manufacturing Process Any process for making, altering, repairing, ornamenting, finishing, packing, breaking up, demolishing, or otherwise treating any article for use, sale, transport, delivery, or disposal. • Sec 2(l) Worker Any person employed directly or indirectly, for or without remuneration, with or without knowledge of the principle employer, working in a manufacturing process, or cleaning any part of machinery or premises of a manufacturing process, or any other kind of work incidental to or connected with the main manufacturing process or with the subject of manufacturing process.
• Sec 2(m) Factory 10+ people with power or 20+ people without power. Worked at any time in previous 12 months. Shifts/Relays are also counted as a person. Exceptions - Railway Running Shed, Mines, Hotel, Restaurants, Armed Forces, Any data processing unit that uses computers for office work and does not do manufacturing. • Sec 2 (c) Hazardous Process Any Process or activity in relation to an industry specified in first schedule where, unless special care is taken, raw materials used, final output, intermediary product, by product, waste, or effluent can cause material impairment to the health of a person working in the process directly or indirectly or causes environmental pollution.
PROVISION FOR HEALTH The following sections deal with the health provisions for factory workers. Sec. 11 Cleanliness 1. 2. 3. 4. Floor must be cleaned every day, if possible by disinfectant. If the floor is wet and cannot be drained, special provisions must be made to drain the water. Walls must be regularly cleaned. They must be whitewashed every 6 months. If an oil based paint/varnish is used, it must be cleaned every year and must be repainted every 3 years. Doors, windows, and railings must be cleaned periodically. A register must be maintained that logs all the cleaning activities performed. Sec.12 Waste and Affluent All the waste and affluent generated in the factory must be removed from the factory with proper treatment.
Sec.13 Temperature and Ventilation The temperature of the working place must be maintained. Special care must be take to not let the temperature increase where any work that use or produces heat is performed. Fresh air must be circulated through adequate ventilation. Sec.14 Dust and Fumes Proper steps must be taken to remove the dust and fumes from the working area. Gases or exhaust fumes generated by any equipment such as diesel generator should be routed and released outside the workplace. Sec.15 Artificial Humidity Any place where humidity is increased artificially, proper instruments must installed to record the humidity Sec 16 Overcrowding A factory established before this act must have at least 9.1 sqft of space per person, while new factories must have 14.2 sq ft. The maximum capacity of a room or enclosure must be posted outside the room and a log must be maintained. .
Sec 17 Lighting Proper lighting arrangements must be made to ensure that it does not cause glare in eyes. Light source must be such that a shadow is not created in the work area. Sec 18 Drinking water Clean safe drinking water must be provided. Water must be kept away from any dirty place. No waste should be routed from the place where drinking water is kept. At least six meters away from latrines, urinals, washing place. "Drinking water" must be written in bold and legible to all. Sec 19 Latrines and Urinals A separate place must be created for men and women. Height must be the floor and walls must be properly tiled. It must be cleaned every day. Sec 20 Spittoons Spittoons must be placed at several appropriate locations.
SAFETY PROVISIONS The areas covered under the safety provisions are from (sec21 to 41): Fencing of machinery(sec 21) Work on near machinery in motion(sec 22) Employment of young persons on dangerous machines (sec 23) Striking gear and devices for cutting off powers (sec 24) Self acting machines (sec 25) Casing of new machinery (sec 26) Prohibition of employment of women and children near cotton openers (sec 27) Hoists and lifts (sec 28) Lifting machines, chains, ropes and lifting tackles (sec 29) Revolving machinery (sec 30) Pressure plant (sec 31)
Floors, stairs, and means of access (sec 32) Pits, sumps, openings in floors, etc (sec 33) Excessive weights (sec 34) Protection of eyes (sec 35) Precautions under dangerous fumes (sec 36) Precautions regarding the use of portable electric light (sec 36-A) Precautions explosive or inflammable dust, gas, etc (sec 37) Precautions in case of fire (sec 38) Power to require specifications of defective parts or tests of satability (sec 39) Safety of building and machinery (sec 40) Maintenance of building (sec 40-A) Safety officers (sec 40-B) Powers to make rules to supplement the above provisions (sec 41)
CHAPTER 4 Provision related to hazardous process Powers of central government to appoint inquiry committees Statutes Rights of workers to give warning about imminent dangers
PROVISIONS RELATED TO HAZARDOUS PROCESS (1) The State Government may, for purposes of advising it to consider applications for grant of permission for the initial location of a factory involving a hazardous process, appoint a Site Appraisal Committee consisting of :I. II. Chief Inspector of the State who shall be its Chairman A representative of the Central Board for the Prevention and Control of Water Pollution appointed by the Central Government III. A representative Board for the Prevention and Control of Air Pollution referred to in section 3 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981); IV. A representative of the State Board for the Prevention and Control of Air Pollution V. A representative of the Department of Environment in the State; VI. A representative of the Meteorological Department of the Government of India VII. An expert in the field of occupational health
(2) The Site) Act, 1981 (14 of 1981). shall examine an application for the establishment of a factory involving hazardous process and make its recommendation to the State Government within a period of ninety days of the receipt of such Appraisal control of Pollution application in the prescribed form. (3) Where any process relates to a factory owned or controlled by the Central Government or to a corporation or a company owned or controlled by the Central Government or to a corporation or a company owned or controlled by the Central Government, the State Government shall co-opt in the Site Appraisal Committee nominated by the Central Government as a member of that Committee. (4) The Site Appraisal Committee shall have power to call for any information from the person making an application for the establishment or expansion of a factory involving a hazardous process. (5) Where the State Government has granted approval to an application for the establishment or expansion of a factory involving a hazardous process, it shall not be necessary for an applicant to obtain a further approval from the Central Board or the State Board established under the Water.
POWERS OF CENTRAL GOVERNMENT TO APPOINT INQUIRY COMMITTEE • The Central Government may, in the event of the occurrence of an extraordinary situation involving a factory engaged in a hazardous process, appoint an Inquiry Committee.
STATUTES o The Committee appointed under sub-section(1) shall consist of a Chairman and two other members and the terms of reference of the Committee and the tenure of office of its members shall be such as may be determined by the Central Government according to thre requirements of the situation. o The recommendation of the Committee shall be advisory in nature.
RIGHTS OF WORKERS TO GIVE WARNINGS ABOUT IMMINENT DANGERS 1. Where the workers employed in any factory engaged in a hazardous process have reasonable apprehension that there is a likelihood of imminent danger to their lives or health 2. It shall be the duty of such occupier, agent, manager or the person incharge of the factory or process to take immediate remedial action if he is satisfied about the existence of such imminent danger and send a report forthwith of the action taken to the nearest Inspector. 3. If the occupier or a manager is not satisfied about the existence of the imminent danger or apprehended by the worker , he is permitted to consult the inspector for clarifications and feedback.
CHAPTER 5 WELFARE: -provision of welfare -provision for welfare of women -provision of welfare for young persons
WELFARE PROVISIONS The following sections 42 to 50 deal with the welfare provisions for factory workers. • Sec 42 Washing Facilities • • • • Sec 43 Facility for drying and storage of clothes Sec 44 Facility for sitting Sec 45 First Aid Appliances Sec 46 Canteen Bengal Water Proof Workers vs State of West Bengal 1970 - Held that the liability of a company is only to set up a canteen so that workers can take advantage of it. The terms and conditions of service of the staff of the canteen do not come under that liability. • Sec 47 Shelter, rest rooms, and lunch rooms
Sec 48 Crèche Sec 49 Welfare Officer Sec 50 Power to make rules to supplement this chapter: This includes requiring any factory or class of factories to involve workers representatives in the management of welfare activities for the workers. It also allows the state to exempt certain factories from welfare provisions, provided that alternative arrangements are made.
Provisions for welfare of Women Given in Factory Act : Sec. 19 - Toilets and Urinals, Sec. 27 - Prohibition of employing women and children near cotton openers. Sec. 48 - Crèches Sec. 66 - Further restrictions on employment of women - no flex on working hrs, no change of shifts except after holiday. Maternity Benefit Act 1961 Equal Remuneration Act 1976
Provisions for welfare of Children and Young Persons Adult - As per section 2 (a), a person who has completed his 18th year of age. Adolescent - As per section 2 (b), a person who has completed his 15th year of age but not 18th. Child - As per section 2 (c), a person who has not yet completed his 15th year of age. Young Person - As per section 2(d) A person who is a child or an adolescent.
CHAPTER 6 WORKING HOURS OF ADULTS -weekly hours -weekly holidays -compensatory holidays -daily hours -night shift
WEEKLY HOURS OF WORK FOR ADULTS No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week.
WEEKLY HOLIDAYS (1) No adult worker shall be required or allowed to work in a factory on first day of the week (hereinafter referred to as the said day), unless (a) he has or will have holiday for whole day on one of three days immediately before or after the said day, and (b) the manager of the factory has, before said day or the substituted day under clause (a), whichever is earlier :I. Delivered a notice a 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 : Provided that 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.
( 2) Notices given under sub-section (1) , may be canceled 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) Where, in accordance with the provisions of sub-section (1), 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 week.
Schedule Quantity H.P. Maximum number of persons to be employed on any one day during Installed the year. (max H.P.) 20 50 100 250 500 750 1000 Above 1000 Rs. Rs Rs Rs Rs Rs Rs Rs Nil 200 400 600 800 1000 2000 3000 4000 10 400 600 800 1000 2000 3000 4000 5000 50 600 800 1000 2000 3000 4000 5000 6000 100 800 1000 2000 3000 4000 5000 6000 8000 250 1000 1500 2500 4000 5000 6000 8000 10000 500 1000 1500 2000 2000 3000 3000 4000 5000 6000 6000 8000 8000 10000 12000 10000 12000 14000 Above 1000 3000 4000 6000 8000 10000 12000 14000 16000
COMPENSATORY HOLIDAYS • Where, as a result of the passing of order or the making of a rule under the provisions of this Act exempting a factory or the workers therein from the provisions of section 52, a worker is deprived of any of the weekly holidays for which provision is made in sub-section (1) of that section 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. 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.
NIGHT SHIFTS • Where a worker in a factory works on a shift which extends beyond midnight :- (a) for the purposes of section 52 and 53, a holiday for a whole day shall mean in his case a period of twentyfour consecutive hours beginning when his shift ends; (b) the following day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day.
CHAPTER 7 •Prohibition of employment of young persons •Working hours for children •Labour of children -hours and period of work -weekly holidays for young persons
PROHIBITON OF EMPLOYMENT OF YOUNG PERSON No child who has not completed his fourteenth year shall be required or allowed to work in any factory.
WORKING HOUR FOR CHILDEREN 1) No child shall be employed or permitted to work in any factory (a) for more than four and a half hours in any day ; (b) during the night.(mean a period of at least twelve consecutive hours which shall include the interval between 10 P.M. and 6 A.M.) (2) The period of work of all children employed in a factory shall be limited to two shifts which shall not overlap or spread over more than five hours each; and each child shall be employed in only one of the relays which shall not, except with the previous permission in writing of the Chief Inspector, be changed more frequently than once in a period of thirty days. (3) The provisions of section 52 shall apply also to child workers and no exemption from the provisions of that section may be granted in respect of any child.
4) No child shall be required or allowed to work in any factory on any day on which he has already been working in another factory. ( (5) No female child shall be required or allowed to work in any factory except between 8 A.M. and 7 P.M.]
LABOUR OF CHILDREN The Factory Act was an attempt to establish a regular working day in the textile industry. The act had the following provisions: o Children (ages 14–18) must not work more than 12 hours a day with an hour lunch break. Note that this enabled employers to run two 'shifts' of child labour each working day in order to employ their adult male workers for longer. o Children (ages 9–13) must not work more than 8 hours with an hour lunch break. o Children (ages 9–13) must have two hours of education per day. o Outlawed the employment of children under 9 in the textile industry. o Children under 18 must not work at night. o Provided for routine inspections of factories.
Hours and Period of Work: 1) No child shall be required or permitted to work in any establishment in excess of such number of hours, as may be prescribed for such establishment or class of establishments. 2) The period of work on each day shall be so fixed that no period shall exceed three hours and that no child shall work for more than three hours before he has had an interval for rest for at least one hour. 3) The period of work of a child shall be so arranged that inclusive of his interval for rest, under sub-section (2), it shall not be spread over more than six hours, including the time spent in waiting for work on any day.
4.No child shall be permitted or required to work between 7 p.m. and 8 a.m. 5.No child shall be required or permitted to work overtime. 6.No child shall be required or permitted to work in, any establishment on any day on which he has already been working in another establishment.
Weekly Holidays for young person: Every child employed in an establishment shall be allowed in each week, a holiday of one whole day, which day shall be specified by the occupier in a notice permanently exhibited in a conspicuous place in the establishment and the day so specified shall not be altered by the occupier more than once in three months.
CHAPTER 8 Annual leave provision as per factory act 1948
Employment laws set the umbrella framework for deciding different dimensions of leave, like category or types, eligibility, duration etc. Many companies and organizations categorise leaves in different categories like casual leave, sick leave, earned leave, maternity leave, special leaves, loss of pay leave, compensatory leave etc. In case of employment contacts, where trade unions are involved in deciding employment contacts, leave rules are formulated in consultation with the unions. Such elaborate consultation is specified in The Industrial Employment Standing Orders Act which is formed for enforcement of different conditions of services. In India, three types of leaves are generally followed namely earned leave, sick leave and casual leave. Different provisions exist under different laws, for different categories of leaves.
EARNED LEAVE: Earned leave is also known as “privileged leave”. As the name suggests, this leave is earned by the employees while they serve the organisation. These leaves are earned during the year and can be availed during the same subsequent year. Factories Act, 1948 Section 791 As per the provisions of Factories Act, 1948, any worker covered under the Act who has worked for at least 240 days in a calendar year becomes eligible for earned leave which he can enjoy in the subsequent year. - In case of an adult, he/she becomes eligible for a day leave for every 20 days worked in previous year. - In case of child, (i.e. a person who has not completed his/her fifteenth year of age) they become entitled to one day leave for every 15 days worked during previous year. These earned leaves can be carried forward to an extent of 30 days in case of adult and not more than 40 days in case of child. Domestic Workers (Registration Social Security and Welfare) Act, 2008 Section 227 A domestic worker living in the house is entitled to annual leave with wages for at least 15 days during the year.
CASUAL LEAVE: Casual leave is generally understood as the leave that is not earned while on duty. Prior intimation is needed to be given to the employer if an employee needs to avail casual leave. A leave can be treated as casual leave only if it has been sanctioned/granted by the employer.The quantum of casual leave too, is like sick leave and is fixed by the company/organization in accordance with the State’s Shops andEstablishment Act or any other law applicable to it, except where it has been specifically provided by law.
SICK LEAVE/ MEDICAL LEAVE: Sick leave is the leave that an employee can avail in case of sickness of self or relative (as specified under law). Sick leave provides pay to employees when they are out of work due to illness. Most of the times the quantum of such leave is fixed by the company/organization in accordance with the State’s Shops and Establishment Act or any other law applicable to it, but then some legislations do contain specific provisions in this respect.11Sick leaves accumulated in a year can be carried forward and availed in the next year. The quantum of leaves that can be carried forward should commensurate to the one provided under the applicable law. Apprentices Act, 1961 Section 15 (Rule 13)12 Any person appointed as an apprentice under the Act can avail medical leave for a maximum period of 15 days in a year and in case of accumulated leave up to 40 days in a year.
MATERNITY LEAVE The Central Government passed the Maternity Benefit Act in 1961 which extends to the whole of India and applies to every establishment belonging to the government and to every establishment which may be industrial, commercial, agricultural or otherwise.A female employee who has completed one year of continuous service is entitled to three months of maternity leave. Maternity Benefit Act, 1961 Section 417 The Act provides 12 weeks as the maximum period for which any working woman shall be entitled to maternity benefit. She can avail this benefit as 6 weeks upto and including the day of her delivery and 6 weeks immediately following the day of her delivery. Section 918 In case of miscarriage or medical termination of pregnancy, a female employee can avail maximum 6 weeks leave with average pay from the date of miscarriage or termination of pregnancy. Section 1019 Also additional leave with pay for upto 1 month can be availed on production of proof, revealing illness due to pregnancy, delivery, miscarriage, or premature birth. Section 1320 Where a female employees needs to undergo tubectomy operation she can avail leave with wages at the rate of maternity benefit for upto two weeks immediately following the day of her operation.
PARENTAL LEAVE FOR GOVERNMENT EMPLOYEE’S Maternity Leave23 Central Government employees (those directly under GOI) are governed by the Central Civil Service (Leave) Rules, 1972. Under the rules, female employees are entitled to maternity leave for a period of 180 days for their first two live born children. Child Care Leave24 A female Central Government employee having minor children below the age of 18 years can avail child care leave for a maximum period of two years (i.e. 730 days). This can be availed during their entire service, for taking care of upto two children whether for rearing or to look after any of their needs like examination, sickness etc.In totality, including the paid leave period, women employees can avail child care leave for a period of three years. All the benefits here will be admissible only in respect of their two eldest surviving children The nature of this leave has to be the same as that of earned leave.
Paternity Leave25 The Central Government in 1999 by notification under Central Civil Services (Leave) Rule 551 (A) made provisions for paternity leave for a male Central Government employee (including an apprentice and probationer) with less than two surviving children for a period of 15 days to take care of his wife and new born child. He can avail this leave 15 days before or within 6 months from the date of delivery of child. If such leave is not availed within the period, it shall be treated as lapsed. For Paternity leave he shall be paid leave salary equal to the pay last drawn immediately before proceeding on leave. Following Central Government’s move, many State governments have also implemented similar provisions for its employees. Child Adoption Leave26 Adoptive mothers who are Central Government employees become eligible to 180 days of maternity leave but, this is applicable only if they have less than two surviving children at the time of adoption and if she adopts a child who is below one year of age.Also now male Central Government employees too are eligible for 15 days of paternity leave on adopting a child pursuant to same conditions as applicable to female employees.
NATIONAL AND FESTIVAL HOLIDAYS Republic Day (January 26), Independence Day (August 15) and Gandhi Jayanti (October 2) are the three national holidays observed in India. On these days all institutions, irrespective of under which law they are covered, or whether they are public or private organizations or MNCs should necessarily remain closed. The festival holiday are decided based on the local festival of that locality and are granted to the employee’s in accordance with the company policies. QUARANTINE LEAVE This leave is usually granted to a concerned employee by reason of presence of an infectious disease in the family or household of the employee, if such disease is considered to be hazardous to the health of other people. An employee covered under this Act can avail maximum 30 days of quarantine leave on recommendations by authorized Medical Attendant or Public Health Officer. EXTRAORDINARY LEAVE Working Journalist and Other News Paper Employee’s (Conditions of Service) and Miscellaneous Provisions Act, 1955 Rule 3130
INNOVATIVE LEAVE Human Resource department of every company deals with employees and to maintain a healthy and friendly relation with them. They work as a bridge between employees and management. As the competition in the labour market is high to find and retain skilled employees HR department of various companies other than the legal leaves also are coming up with various innovative leaves. Some of the examples of these leaves adopted by different companies to provide benefit to their employees are as follows: Bereavement Leave37 This leave is a grant paid time off from work to employees for the death of a relative. Employees are eligible for up to 7 days leave, if necessary, in the event of the death of an immediate family member (defined as parents, grandparents, siblings, spouse, children and in-laws). This leave is generally provided for the demise of close relative, and depends on the policies framed by the organisation. This leave is not legally entitled but is an innovative approach of HR policies in some of the private firms. Birthday Leave38
STUDY LEAVE/SABBATICAL LEAVE Study leave/sabbatical leave is granted to an employee to pursue higher studies with a guarantee to resume them in job on completion of the leave. Such leaves are granted to an employee in accordance with company policies and may be paid or unpaid sabbatical leave. The sabbatical leave would be exclusively for scientific or academic work at any relevant institution in India or abroad. The facility of sabbatical leave may be extended to include work on other activities of the innovation chain with industry, consultancy organizations, financial institutions, project engineering firms, technology marketing/transfer agencies, etc. LEAVE NOT DUE Where an employee has no leave to his credit and he/she still requires leave, such leave may be granted at the discretion of the employer.
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