Maharashtra Factories and Shop & Establishment Minimum Wages July 2021 to Dec 2021

The Factories Act, 1948

An  Act which makes it obligatory on the part of the employer to provide for the health, safety and welfare of the workers employed.

Act extends to the whole of India.

n  Applies to every factory wherein 10 or more workers are or were employed, if run with power and 20 or more workers are or were employed, if run without power.

n  Application to factories with fewer workers u/s 85

 

PROVIDES for

Ø  Hours of work (adult) not to exceed 48 hours in a week or 9 hours in a day.

Ø   Relaxation: Where an adult worker is engaged in urgent repairs.

Ø  Payment of Overtime wages for overstay at workplace @ twice the ordinary rate of wages.

Ø    ** Provision relating to hours of work not applicable to supervisory staff.

Ø  Weekly Holiday: No work for more than 10 days without a day of rest.

Ø  Intervals of rest: half an hour for 5 hours of work

Ø  No child (who has not attained the age of 15 years) be permitted to work.

Prohibition of employment of Women: No woman shall be employed in any factory for more than 9 hours in any day or between 7 pm and 6 am.

Factories Act now allows women to work night shifts PROVIDED

l  adequate safeguards in the factory as regards occupational safety and health, equal opportunity for women workers, adequate protection of their dignity, honor and safety and their transportation from the factory premises to the nearest point of their residence" are made.

 

Leave with Wages

      @ 1day for every 20 days provided -----

            240 days of work during preceding year.

      Days of lay off, paid holidays or leave days considered

      Encashment of unavailed leave: Encashable at the present rate of wages.

The occupier (Employer) to maintain a register – LEAVE WITH WAGES REGISTER- in FORM 15

• l  Provide each employee a Leave Book- thick bound sheet- in FORM 16 (with similar entries as in Form 15)
  • l  Provide each worker an Attendance Card in form 28 showing the particulars of employment
       * shall be substituted by Electronic cards

 

EMPLOYER TO KEEP THE FACTORY PREMISES CLEAN

• ·         white washing at least once in every 14 months
• ·         repainting or revarnishing every 5 years
• ·         ensure proper disposal of wastes and effluents
• ·         Record the dates on which white washing, painting or varnishing done in a register in FORM 7.
• ·         Ensure provision of sufficient number of Latrines and urinals – separate for gents and ladies
• ·         Ensure spittoons are provided at adequate places.
• ·         Ensure workplace has adequate ventilation
• ·         Avoid overcrowding – ensure 500 cubic feet of space for every worker without reference to any space which is more than 14 feet above the level of the floor of the room.
• ·         Ensure proper lighting- artificial or natural or both.
• ·         Ensure supply of uninterrupted supply of Drinking Water.
• ·         Where the no. of workers is more than 250, provision for cold water in every lunch room, rest room and canteen shall be ensured.

EMPLOYER TO ENSURE SAFETY OF WORKERS

• Fencing of Machines and Moving parts of machines – spindles, gears, pulleys, belts etc
• Protection of eyes using screens or goggles from excessive light or infra-red or ultra violet radiations
• Precaution in case of Fire.
• No woman or young person shall, unaided by another person, lift, carry or move by hand or head any material or tool exceeding the maximum limit prescribed. 

   * Adult male                75 Kgs
    * Adult female             30 Kgs

    * Adolescent male       30 Kgs

    * Adolescent female    20 Kgs

Safety Officer: Appoint a Safety Officer wherein 1000 or more workers are employed.

EMPLOYER TO LOOK AFTER THE WELFARE OF EMPLOYEES

►   Washing facility separately for women and men

►   Separate rooms for men and women for drying of clothes

►   Separate rest rooms for men and women

►   First Aid boxes equipped with prescribed medicines

►   Ambulance room where 500 or more are employed

►   Canteen for use of workers where 250 or more are employed (150 under Plantation Labour Act)

►   Lunch room where 150 or more are employed

►   Crèches where 30 or more women are employed

►   Appoint  WELFARE OFFICER (S) where 500 or more are employed (300 under PLA)

►    The duties, qualification and conditions of service of such welfare officers shall be in accordance with the rules of the respective State Govt.

►   NOTICE OF DANGEROUS OPERATIONS

REGISTERS TO BE MAINTAINED

• Attendance Register/ Muster roll in form 25
• Register of Adult Workers in form 12
• Record of Lime washing, painting etc in form 7
• Register of Compensatory Holidays in form 9
• Overtime Muster roll for Exempted workers in form 10
• Register of Leave with Wages in form 15
• Health Register in form 17 (in respect of persons employed in occupations declared to be dangerous operations u/s 87)
• Register of Accidents and Dangerous Occurrences in form 26
• Particulars of Rooms in the factory in form 35.

RETURNS TO BE SENT TO APPROPRIATE AUTHORITIES

•   Notice of accidents and dangerous occurrences resulting in death or bodily injury in form 18 (similar to the one to be sent ESI Local Office under the ESI Act)
•   Half yearly returns in form 22
•   Annual returns in form 21
•   Notice of change of Manager in form 23
•   Details of closure in form 32
•   Report of examination of Pressure Vessel or Plant in form 8
•   Report of examination of Water sealed Gas holder in form 38
•   Report of Examination of Hoist or Lift  in form 41
•   Certificate of Fitness for Dangerous Operations in form 39