Factories Amendment Bill 2016

Factories Amendment Bill 2016 was introduced in the the lower house(Lok Sabha) last month. Now standing committee is considering it. It is an improvement over the Factories Amendment Bill of 2014. What are the penalties? What is "over time" limits? What could be termed as "hazardous" Such changes will bring advantages to the seasonal labor force. But the unemployed do not get benefits. Many factories shut down as they have met with "loss" They certainly cannot pay their ex-employees. There is even new way of defining "factory" Could there ever be job security?Any changes to the factory bill would be cosmetic only. the condition of the worker cannot be changed. Market demands and ways to meet them necessarily exploits the labor class.Can a fixed work time be enforced? When there are many willing to work for longer time, labor is replaced immediately. In the end the health and welfare of the worker is neglected. Indian live shorter and unhealthy lives. So the bill tries to amend the Factories Act of 1948. It regulates the health and welfare of the factory workers and tries to make rules on "overtime". It seeks to control these:

• Power to make rules on various matters: The Act permits the state government to prescribe rules on a range of matters, including double employment, details of adult workers to be included in the factory’s register, conditions related to exemptions to certain workers, etc.  The Bill gives such rule making powers to the central government as well.

• Powers to make rules for exemptions to workers: Under the Act, the state government may make rules to (i) define persons who hold management or confidential positions; and (ii) exempt certain types of adult workers (e.g. those engaged for urgent repairs) from fixed working hours, periods of rest, etc.  The Bill gives such rule making powers to both, the central and state governments. 

• Under the Act, such rules will not apply for more than five years.  The Bill modifies this provision to state that the five-year limitation will not apply to rules made after the enactment of this Bill.

• Overtime hours of work in a quarter: The Act permits the state government to make rules related to the regulation of overtime hours of work.  However, the total number of hours of overtime must not exceed 50 hours for a quarter.  The Bill raises this limit to 100 hours.  Rules in this regard may be prescribed by the central government as well.

• Overtime hours if factory has higher workload: The Act enables the state government to permit adult workers in a factory to work overtime hours if the factory has an exceptional work load.  Further the total number of hours of overtime work in a quarter must not exceed 75.  The Bill permits the central or state government to raise this limit to 115.

• Overtime in public interest: The Bill introduces a provision which permits the central or state government to extend the 115-hour limit to 125 hours.  It may do so because of (i) excessive work load in the factory and (ii) public interest.