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sony1107
8

Do the Factories act provisons apply to managerial level if yes then why the managerial employees do not get overtime usually?
From India, Jaipur
kashyap.0001
2

Dear senior
i want to know about factorie act compliance like licence renewal, half yearly return, yearly return etc.
what is the difference between shop act & factorie act.and what is the procedure of registration of factorie act.
Thank's
Kashyap

From India, Delhi
kashyap.0001
2

Dear Sir, what is procedure of shop act compliance. after getting registration what is our liablities of for labour department & employees in company. Thank’s Kashyap
From India, Delhi
khem hada
Dear Kashyap,,,

Good question...

Factories act is basically related to 3 main basics..

Firstly, Health of the employees
secondly, Safety of the employees
finally, welfare of the employees

in relation to OT to the laborers and not to managerial... there is no clear definition for the same... but managers can also ask for the overtime for the hours they worked. but usually due to seniority & better salary structure in comparison to laborers executives, officers, managers etc didn't asks for OT.... but there is no straight forward provision that they will will not be liable to get OT.

As far as difference between shops act & factories act is concerned...

Factories act is applicable on that MANUFACTURING UNIT where 20 or more persons are working on any day in an year... where any kind of manufacturing activities are being performed.

Shops & Establishment act is applicable on the shops, offices, head offices, corporate offices etc where any kind of services are generated and not manufactured.... though number of persons working could be any..... as per the act shops have to be open & close as per the time mentioned according to the industry....

hope info have answered ur some of the queries

From India, Jaipur
ELLANTI
What are the inspecting schedules for "Shops" and "Factories". Is Labour Officer authorised to inspect SME Factories. This is regarding Andhra Pradesh.
From India, Hyderabad
vkokamthankar
31

Not a very accurate answer !!!
  • Provisions in Factories Act are applicable to 'Workman or Worker'. Refer Factories Act and check the definition of 'Workman or Worker'.
  • Since Officers, Managers are not 'Workman or Worker' as defined in a Factories Act, provisions are not applicable to them legally.

From India, Pune
sony1107
8

"worker" means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process but does not include any member of the armed forces of the union;
According to the above definition hw cn you justify managerial people r not workers

From India, Jaipur
suyoglabourconsultants
11

Dear Sony,
The word "worker" itself throwing light on the exact meaning of it, hence manager, executive could not be said WORKERS as they have to manage or execute the work by using their intelligence and not physic, otherwise law doesn't use the word WORKER.
u will definetly be right if the word replaced "EMPLOYEE" instead of "WORKER", So, be a drop on leaf.
Regards,
KIRAN KALE.

From India, Kolhapur
sony1107
8

Dear Sir, I totally understood that the term 'employee' is diffrent from the term 'worker, but does it mean that factory act provisions are applicable on worker (doing physical work) only?
From India, Jaipur
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