Page 66 - DMGT516_LABOUR_LEGISLATIONS

Unit 3: The Factories Act, 1948

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
to him in the succeeding calendar year, subject to the condition that the total number
of days to be carried forward would not exceed:
(a) in the case of adult, 30 days;
(b) in the case of child, 40 days;
However, if the worker applied for leave with wages but such leave was not granted
to him in accordance with any scheme drawn up under the provisions of this section,
then in that case, leave refused shall be carried forward without any limit.

2. Procedure for Availing of Leave: A worker who wants to avail of leave is required to
make an application to the manager of the factory at least 15 days in advance, except
in the case of public utility concern where the application for leave is to be made 30
days in advance. The leave can be availed in 3 installments in a year at the most.
If the worker wants leave with wages due to him to cover a period of illness, in that
case, he need not apply in advance. The wages, in such cases, admissible to him are
required to be paid in advance within 15 days and in case of public utility concern,
within 30 days from the date of application requesting for grant of leave.

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