Employment of Young Persons - Indian Factories Act(1948), Industrial Laws | Industrial Laws - B Com PDF Download

Employment of Young Persons

Young person means a person, who is either a child or an adolescent [Section 2(d)]. Child means a person, who has not completed his fifteenth year of age [Section 2(c)]. Adolescent means a person, who has completed his fifteenth year of age, but has not completed his eighteenth year [Section 2(e)].

1) Prohibition of Employment of Young Children (Sec. 67)

• No child under the age of fourteen is allowed to work in any factory.
• Employers must verify the age of children they permit to work; they cannot rely on the applicant's statement.
• If a child labourer is found guilty of violating this provision, they face penalties as per the Child Labour (Prohibition and Regulation) Act, 1986.

2) Non-Adult Workers to Carry Tokens (Sec. 68)

• Children aged fourteen and above, and adolescents, can work in a factory only if:
• (a) A certificate of fitness (as per Section 69) is held by the factory manager.
• (b) They carry a token referencing this certificate while at work.
• The responsibility to ensure this also lies with the factory occupier.

3) Certificates of Fitness (Sec. 69)

• A certifying surgeon can assess a young person's fitness for factory work upon request from the individual or the factory manager.
• Based on the assessment, the surgeon can issue or renew a certificate of fitness, either for work as a child or as an adult, depending on the young person's age and physical capability.
• Certificates are valid for twelve months and may have specific conditions attached.
• The certifying surgeon can revoke a certificate if the holder is deemed unfit.
• Any fees for the certificate are the responsibility of the factory occupier, not the young person or their guardians.

4) Effect of Certificate of Fitness Granted to Adolescent (Sec. 70)

• An adolescent with a fitness certificate to work as an adult in a factory, and carrying a token referencing this certificate, is legally considered an adult for the purposes of the Factories Act, 1948.

Employment of Women and Children in Factories

1. Employment of Women in Factories

• ​The State Government can make rules to protect the safety of women working in factories, especially regarding their health and safety. However, these rules cannot make it illegal to employ women in certain factories if they are willing to work there.
• Women can be employed in factories at any time if the State Government allows it, either for specific factories or for a group of factories.
• The State Government can also allow women to work in factories at any time if there is a special need for it.

2. Employment of Children in Factories

• Children under the age of fourteen are not allowed to work in factories.
• ​Children between the ages of fourteen and eighteen can only work in factories if they have a certificate of fitness from a qualified doctor. The certificate should state that the child is fit to work in the factory and can perform the tasks required.
• The certificate of fitness is valid for a period of twelve months from the date it is issued. After twelve months, the child needs to get a new certificate if they want to continue working in the factory.
• The State Government can make rules regarding the qualifications and experience required for certifying surgeons who issue certificates of fitness for children working in factories.
• The State Government can also make rules regarding the maximum number of hours children can work in factories and the types of work they can do.
• The State Government can cancel or suspend the certificate of fitness for a child if they are found to be unfit to work in the factory.
• The State Government can also make rules regarding the maintenance and preservation of records related to the employment of children in factories.
• The provisions regarding the employment of children in factories are applicable to all factories, regardless of their size or type.
• The State Government can make rules to regulate the employment of children in factories to ensure their safety and well-being.
• The State Government can also make rules regarding the penalties and fines for violating the provisions related to the employment of children in factories.

Provisions and Rules Regarding Employment of Young Persons in Factories

1) Requirement of Fitness Certificate: 

• Person or young person cannot be employed in a factory unless they have been examined and certified fit by a certifying surgeon. 
• If the Inspector directs, the individual must obtain a fresh certificate of fitness or a declaration that they are not a young person.

2) Power to Make Rules (Section 76): 
The State Government has the authority to make rules regarding: 

• ​Forms of fitness certificates, fees for duplicates, and renewals. 
• Physical standards for children and adolescents working in factories. 
• Procedure for certifying surgeons. 
• Other duties of certifying surgeons and associated fees.

3) Provisions Not Barred (Section 77): The provisions of this Chapter are in addition to the Employment of Children Act, 1938, and do not derogate from it.

4) Historical Legal Context: The text references legal interpretations by the Madras and Kerala High Courts regarding the liability of sureties under debt relief statutes, emphasizing the co-extensive liability of sureties with that of principal debtors and the impact of statutory reductions on sureties’ debts.

5) Application of Insolvency Laws: The Supreme Court clarified that a surety is not absolved of liability by the winding up or insolvency of the principal debtor.

6) Case Example:. case involving a bank guarantee for a supplier to the Electricity Board illustrates the application of insolvency laws and the rights of secured creditors.

Sexual Harassment of Women at Work Place

• Introduction: The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was enacted in India to safeguard women from sexual harassment in their workplace.
• Legislative Process: The Act was passed by the Lok Sabha on 3 September 2012, by the Rajya Sabha on 26 February 2013, and received presidential assent on 23 April 2013, coming into force on 9 December 2013.
• Supersession of Guidelines: The Act replaced the Vishakha Guidelines established by the Supreme Court of India for preventing sexual harassment at the workplace.
•  Compliance Issues: Reports indicated that many Indian employers were not compliant with the Act, as noted by the International Labour Organization.
• Legal Requirements: The Act mandates that any workplace with more than 10 employees must implement measures to prevent and address sexual harassment, which many employers have failed to do.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is a crucial law in India aimed at protecting women from sexual harassment in various workplaces. Despite its importance, a significant number of Indian companies and multinational corporations (MNCs) are not compliant with this law.

Background

• Non-Compliance:. report by FICCI-EY in November 2015 revealed that 36% of Indian companies and 25% of MNCs were not adhering to the Sexual Harassment Act, 2013.
• Government Action: In response to this non-compliance, the government has threatened to take strict action against employers who fail to implement the law.

Objectives of the Act:

• Protection of Rights: The Act aims to protect the fundamental rights of women to equality, life, and dignity as enshrined in the Constitution of India.
• Safe Work Environment: It ensures that women have the right to work in an environment free from sexual harassment, which is essential for their empowerment and economic growth.

International Recognition:

• The Act aligns with international human rights standards, as recognized by conventions such as the Convention on the Elimination of all Forms of Discrimination against Women, ratified by India in 1993.

Definition of Sexual Harassment:

• The Act adopts the definition of sexual harassment established by the Supreme Court of India in the landmark case of Vishaka v. State of Rajasthan in 1997.
• Case Significance:
• The case emphasized that sexual harassment violates a woman's fundamental rights to gender equality, life, and liberty, making it a serious infringement of her rights under Article 19 (1) (g) of the Constitution.
• Scope of the Act:
• The Act not only covers employees in workplaces but also extends to students in educational institutions and patients in healthcare facilities.
• Grievance Mechanism:
• Employers and local authorities are mandated to establish grievance committees to investigate complaints of sexual harassment.
• Penalties:
• Employers who fail to comply with the provisions of the Act may face penalties, including fines of up to 50,000 rupees.
• Legislative Journey:
• The Act underwent a lengthy legislative process, starting from its introduction by Minister Krishna Tirath in 2007 to its eventual passage by the Rajya Sabha in 2013 and receiving presidential assent.

Key Features of the Act

• Definition and Mechanism: The Act defines sexual harassment at the workplace and establishes a mechanism for addressing complaints. It also includes safeguards against false or malicious allegations.
• Forms of Harassment: The Act recognizes 'quid pro quo harassment' and 'hostile work environment' as forms of sexual harassment related to acts or behavior of sexual misconduct.
• Aggrieved Woman: The definition of "aggrieved woman" is broad, covering all women regardless of age or employment status, including those in organized or unorganized sectors, public or private, as well as clients, customers, and domestic workers.
• Workplace Definition: Unlike the Vishaka Guidelines, which limited the definition of workplace to traditional office settings, the Act expands the definition to include various organizations, departments, and units in both public and private sectors.

Overview of the Sexual Harassment of Women at Workplace Act, 2013

• The Act applies to various workplaces, both organized and unorganized, including hospitals, nursing homes, educational institutions, sports institutes, stadiums, and sports complexes. It covers any place visited by the employee during the course of employment, including transportation. Even non-traditional workplaces involving telecommuting are included under this law.
• An Internal Complaints Committee (ICC) is mandatory for every employer with 10 or more employees. The District Officer must constitute a Local Complaints Committee (LCC) at the district level, and if necessary, at the block level.
• The Complaints Committees have the same powers as civil courts when it comes to gathering evidence. They are also required to offer conciliation before starting an inquiry, if the complainant requests it.
• The inquiry process is to be kept confidential, and breaching this confidentiality can lead to a penalty of Rs 5000.
• Employers are obligated to conduct education and sensitization programs, and develop policies against sexual harassment, among other responsibilities.
• Penalties for non-compliance with the Act can be as high as ₹ 50,000, with repeated violations leading to higher penalties and potential cancellation of business licenses or registrations.
• The government has the authority to inspect workplaces and records related to sexual harassment in any organization.
• Through the Criminal Law (Amendment) Act, 2013, Section 354 was added to the Indian Penal Code to define sexual harassment offences and their penalties, which range from one to three years imprisonment and/or fines. Employers are also required to report such offences as they are now considered crimes.

Role of Internal Complaints Committee (ICC)

• Constitution of ICC: Every employer with 10 or more employees is required to set up an Internal Complaints Committee (ICC) at each office or branch.
• Composition: The committee should include a minimum of three members, with at least one being a woman.
• Role and Responsibilities: The ICC is responsible for receiving and addressing complaints of sexual harassment. They have the power to conduct inquiries, gather evidence, and recommend actions to the employer.
• Timeframe for Inquiry: The ICC must complete the inquiry within 90 days of receiving the complaint.
• Confidentiality: The inquiry process must be kept confidential to protect the parties involved. Breaching this confidentiality can result in a penalty of Rs 5000.
• Conciliation: The ICC is required to provide for conciliation before initiating an inquiry if requested by the complainant.
• Reporting: Upon completion of the inquiry, the ICC must submit a report to the employer or the District Officer, who is then required to take action within 60 days.

Role of Local Complaints Committee (LCC)

• Constitution of LCC: The District Officer is responsible for constituting a Local Complaints Committee (LCC) at the district level, and if necessary, at the block level.
• Role and Responsibilities: The LCC handles complaints of sexual harassment in workplaces where the Internal Complaints Committee (ICC) is not applicable or where the employer is not compliant.
• Composition: The LCC should be composed of members with the necessary expertise and at least one woman member to ensure a fair and sensitive handling of complaints.
• Powers: The LCC has the same powers as a civil court in gathering evidence and conducting inquiries.
• Timeframe for Inquiry: Similar to the ICC, the LCC is also required to complete the inquiry within 90 days.
• Confidentiality: The LCC must maintain confidentiality throughout the inquiry process, and a breach of this confidentiality can lead to penalties.
• Reporting: After completing the inquiry, the LCC must submit its findings and recommendations to the appropriate authorities for action.

Role of District Officer

• Constitution of LCC: The District Officer is responsible for constituting Local Complaints Committees (LCC) at the district level. Depending on the need, LCCs may also be constituted at the block level.
• Oversight: The District Officer oversees the functioning of LCCs and ensures that they are effectively handling complaints of sexual harassment in workplaces.
• Complaint Handling: The District Officer may also be involved in handling complaints directly or guiding the LCC in complex cases.
• Coordination: The District Officer coordinates with various stakeholders, including employers, LCCs, and other government agencies to ensure compliance with the law.
• Monitoring: The District Officer monitors the implementation of the Sexual Harassment of Women at Workplace Act in the district and ensures that employers are fulfilling their obligations under the law.
• Reporting: The District Officer may be required to submit reports to higher authorities regarding the implementation and effectiveness of the Act in the district.