RIGHT OF WORKERS, ETC –
The
obligation of the employers, practically speaking the right of employees
Every worker shall have the right to –
i)
Obtain from the occupier,
information relating to workers' health and safety at work;
ii)
Get trained within the
factory wherever possible, or, to get himself sponsored by the occupier for
getting trained at a training centre or institute, duly approved by the Chief
Inspector, where training is imparted for workers' health and safety at work;
iii)
Represent to the Inspector
directly or through his representative in the matter of inadequate provision
for protection of his health or safety in the factory.
iv)
A worker has the right to
claim wages for leave allowable to him, under the provisions of the payment of
wages act.
v)
A worker has the right not
to pay any fee or charge for the facilities for the facilities provided by the
employer.
Right of employers-
The
obligation of the employee can also be reckoned as right of the employers.
Beside some more right have been vested in the employer under the factories act.
i)
Right to carry on the plan
of setting up a new factory or extension of an existing one, if no adverse
order is communicated to him within 3 months of the application for approval.
ii)
Right to appeal to the
central government against the sate government’s refusal to grant approval to
his application for setting up a factory.
iii)
Right to retain a child or
a young person not holding a certificate of fitness, from working in the factory
iv)
Right of appeal against the
order of the inspector or chief inspector, to the prescribed appellate
authority, within 30 days of the service of the order.
v)
Right to demand an
application for leave from the workers and a medical certificate when leave is
availed on the
vi)
Ground of illness.
Provision of overcrowding-
1)
No room in any factory
shall be overcrowded to an extent injurious to the health of the workers
employed therein.
2)
Without prejudice to the
generality of sub-section (1), there shall be in every workroom of a factory in
existence on the date of the commencement of this Act at least 9.9 cubic metres
and of a factory built after the commencement of this Act at least 14.2 cubic
metres or space for every worker employed therein, and for the purposes of this
sub-section no account shall be taken of any space which is more than 4.2
metres above the level of the floor of the room.
3)
If the Chief Inspector by
order in writing so requires, there shall be posted in each workroom of a
factory a notice specifying the maximum number of workers who may, in
compliance with the provisions of this section, be employed in the room.
4)
The Chief Inspector may by
order in writing exempt, subject to such conditions, if any, as he may think
fit to impose, any workroom from the provisions of this section, if he is
satisfied that compliance therewith in respect of the room is unnecessary in
the interest of the health of the workers employed therein.
