Factories Act
Purpose & Object
The Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 has been enacted with the main objective of protecting the interest of the employees after their retirement and their dependents after death of the employee. The Act provides insurance to workers and their dependents against risks of old age, retirement, discharge, retrenchment or death.
EPF Applicability
The Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 extends to whole of India except the state of Jammu & Kashmir.
It applies on every establishment employing 20 or more persons & engaged in industry specified in Schedule I of the Act or any other activity notified by the Central Government.
It applies to all departments / branches of an establishment wherever situated.
Any establishment employing even less than 20 persons can be covered voluntarily under section 1(4) of the Act.
EPF Eligibility
Employees drawing salary / wages at the time of joining up-to Rs. 6,500/- per month are governed by the provisions of the Act;
Employees drawing salary / wages more than Rs. 6,500/- per month may also be brought under the purview of the Act at the discretion of the management and by furnishing a joint undertaking to the Provident Fund Commissioner;
Employees engaged through the Contractor in or in connection with the work of an establishment are also covered under the purview of the Act.
| Working Conditions | Men (Adult Workers) | Women (Adult Workers) |
|---|---|---|
| Hours of Work | Not more than 9 hours in a day and 48 hours in any week | Not more than 9 hours in a day and 48 hours in any week |
| Working Hours | Any time | Between 6 A.M. and 7 P.M State Governments may modify the limit by notification; but in no case, any women may be employed between 10 P.M. and 5 A.M. |
| Overtime | In case of more than 9 hours of work in any day or 48 hours in any week, the worker shall be entitled to overtime wages at the rate of twice his ordinary rate of wages | In case of more than 9 hours of work in any day or 48 hours in any week, the worker shall be entitled to overtime wages at the rate of twice his ordinary rate of wages |
| Interval | At least ½ hour break after every 5 hours of continuous work | At least ½ hour break after every 5 hours of continuous work |
| Working Conditions | Male (Adolescent) | Female (Adolescent) | Children |
|---|---|---|---|
| Hours of Work | Not more than 9 hours in a day and 48 hours in any week | Not more than 9 hours in a day and 48 hours in any week | Not more than 4 1/2 hours in a day |
| Working Hours | Having Certificate of Fitness to work in a factory and having attained the age of 17 years: Any time Having Certificate of Fitness to work in a factory but not having attained the age of 17 years: between 6 A.M. and 7 P.M. | Between 6 A.M. and 7 P.M State Governments may modify the limit by notification; but in no case, any women may be employed between 10 P.M. and 5 A.M. | For male child: Between 6 A.M. and 10 P.M. For female child: Between 8 A.M. and 7 P.M. No child is permitted to work during night |
| Overtime | In case of more than 9 hours of work in any day or 48 hours in any week, the worker shall be entitled to overtime wages at the rate of twice his ordinary rate of wages | In case of more than 9 hours of work in any day or 48 hours in any week, the worker shall be entitled to overtime wages at the rate of twice his ordinary rate of wages | N.A. |
| Interval | At least ½ hour break after every 5 hours of continuous work | At least ½ hour break after every 5 hours of continuous work | N.A. |
EXPERTISE
Services We Offer
We are Industrial Consultants and at PCS, we provide following services in compliance to the provisions of the Factories Act, 1948:
- Providing day to day consultancy on matters pertaining to the Act;v
- Obtaining Registration of factories under the Act;
- Correspondence / Liaisoning with concerned authorities under the Act;
- Assistance in complying the duties of occupier / manufacturer as prescribed under the Act;
- Assistance in complying various provisions of the Act related to safety, health & welfare of the workers;
- Ensuring / Assistance in complying various provisions of the Act related to disclosures, notices, displays etc.;
- Preparation & Maintenance of various Registers & Records as provide under the like Register of Adult Workers, Register of Child Workers Register of Compensatory Holiday, Humidity Register, Register of Wages, Register of Leave with wages, etc.;
- Preparation & Submissions of various forms, returns & reports from time to time as prescribed under the Act;
- Replying / satisfying Show Cause Notices;
- Representing occupier / manufacturer before Inspector;
- Assistance at the time of inspection and search of any factory by Inspector;
- Representing occupier / manufacturer at the enquiries conducted by the inspector;