Page 277 - DCOM404_CORPORATE_LEGAL_FRAMEWORK

Corporate Legal Framework

(H) Employment of Young Persons: No factory can employ any person unless he has completed
fourteen years of age. (Section 67). There is total prohibition in employing children below
14 years of age.
For adolescents, i.e., above the age of 15 years but below 18 years, they also cannot be
employed in a factory unless

(i) He as well as the manager of a factory are in possession of certificates of fitness
granted by the Certifying Surgeon and
(ii) The adolescent carries with him while at work a token giving a reference to such
certificate issued to him.
An adolescent who has been granted certificate of fitness to work as an adult in a factory
by the Certifying Surgeon is to be treated as an adult for the purposes of working hours
and annual leave with wages.
(I) Working Hours for Children: The Act regulates the working hours for children above age
of 14 years as eligible for employment in a factory. They can be employed for maximum
hours of work lasting 4-1/2 hours in a day. The other prohibitions relating to their
employment are:
(a) the period of work is to be limited to two shifts only;
(b) the shifts are not to overlap;
(c) the spread-over is not to exceed 5 hours;
(d) the child is to be employed only in one relay;

(e) the spread-over is not to change except once in 30 days;
(f) employment during night, i.e. between 10 p.m. and 6 a.m. is prohibited.
(J) Annual leave with wages: Section 79 of Act deal with the provisions of annual leave with
wages. The basis of calculation of the annual leave to which a worker would be entitled in
a year is the earlier calendar year, during which he had worked in a factory.
1. Qualifying Period: The minimum number of days which entitles a worker to earn
leave is 240 during a calendar year, this period should include:
(i) the days of layoff which may be as a result of contract or agreement or as
permissible under Standing Orders;
(ii) the leave earned in the year prior to that in which leave is applied for,
(iii) in the case of female workers, maternity leave for any number of days not
exceeding 12 weeks.
If the total period comes to 240 days or more, then the worker in a factory would be
entitled to leave with wages in the subsequent calendar year for a number of days
calculated at the rate of:--
(i) In the case of an adult, one day for every twenty days of work performed by
him during the previous calendar year.

(ii) In the case of a child, one day for every fifteen days of work performed by him
during the previous calendar year.
(iii) Unavailed Leave.

If a worker has not availed of a portion of his leave in one calendar year, such
remaining portion of leave shall be carried over and added to the leave to be allowed

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