Industrial Relations And Labour Laws
Korgaonkar K A
Service As Dgm-hr/legal
Payroll, Domestic Inquiry, Administration,
D K Patel
27th February 2011 From India, Kannur
As per the Factories act 1948, where there is 300 or more employees worked in any factory one Welfare officer is must. And his qualification is Master in social work. First preference will be given to MSW people only, other wise they will go to PG diploma candidates for the same.
Better to go through the Act once again.
28th February 2011 From India, Hyderabad
AP FACORY RULES 1950_CHAPTER V
RULE PRESCRIBED UNDER SECTION 49
76-B. Welfare Officers
(1) Number of Welfare Officers:- The occupier of every factory where 500 or more workers, are employed, shall appoint at least one Welfare Officer:
Provided that where a group of factories in close proximity belong to the same management, the Chief Inspector may exempt the said factories from this rule in so far as it requires the appointment of a separate Welfare
Officer in respect of each such factory subject to such conditions as he may impose:
Provided further that where the number of workers exceeds, 2,000 one additional Welfare Officer shall be appointed for every additional 2,000 workers or fraction thereof over 500; and where there are more than one Welfare Officer, one of them shall be called the Chief Welfare Officer and the others Assistant Welfare Officers.
(2) Qualifications..- A person shall not be eligible for appointment as Welfare Officer unless he possesses-
(a) a Degree in Arts/Science/Commerce or in Law of any University;
(b) a Degree or Diploma in Industrial Relations and Personnel Management covering Labour Welfare, as special subject, of not less than two years duration, conducted or recognised by a University of the State of Andhra Pradesh, Provided that the one year Post Graduate Diploma Course in Industrial Relations and Personnel Management awarded by the Osmania University, Hyderabad upto the academic year 1991-92 shall be treated as recognised and equivalent qualification to the Diploma in Industrial Relations and Personnel Management covering Labour Welfare, and
(c) adequate knowledge of Telugu Language,
Provided that the State Government may grant exemption in suitable cases from the condition of possessing the qualification of a Degree or a Diploma in Social Science from a recognised Institution.
(3) Recruitment of Welfare Officers
(i) The post of Welfare Officer shall be advertised in two newspapers having a wide circulation in the State, one of which should be an English newspaper.
(ii) Selection for appointment of the post of Welfare Officer shall be made from among the candidates applying for the post by a committee appointed by the occupier of the factory.
(iii) The appointment when made shall be notified by the occupier to the Chief Inspector giving the details of the qualifications, age, pay, previous experience and other relevant particulars of the
Officer appointed and the terms and conditions of his service.
(iv) The required number of Welfare Officers shall be appointed within 120 days from the date on which such appointments are due to be made under sub-rule (1) of Rule 76-B or from the date of resignation/ dismissal /termination of services of any Welfare Officer.
(4) Conditions of service of Welfare Officers
(i) Welfare Officers shall be given appropriate status corresponding to the status of a member of the Executive Staff of the Factory and shall be fixed in a scale of pay which shall not be less than,-
(a) Rs. 4400-8700-Revised Scale of 1993 (Plus such allowances as applicable to similar pay scale) obtaining in the concerned factory/ establishment in the case of Chief Welfare Officer; and
(b) Rs.3110-6380-Revised scale of 1993 (Plus such allowances as applicable to similar pay scale) obtaining in the concerned factory/ establishment in the case of Welfare Officer.
(ii) The conditions of service of Welfare Officer shall be the same as those of the other members of the executive staff of corresponding status in the factory.
(iii) The services of a Welfare Officer shall not be dispensed with, nor he shall be reverted, without the written concurrence of the Director of Factories, Hyderabad who shall record reasons therefor.
(iv) No punishment such as withholding of increments, including stoppage at any efficiency bar, reduction to a lower stage in the time scale, suspension dismissal or termination of service, except censure shall be imposed by the management on a Welfare Officer, except with the previous concurrence of the Director of Factories.
(v) A Welfare Officer, who has been dismissed from service or whose services have been terminated in any other manner than as provided in clause (iv) above may within 30 days from the date of receipt of the order by him, appeal to the State Government against the order of punishment made by the management with the concurrence of the Director of Factories and the decision of the State Government thereon shall be final :
Provided that when the management terminates the service or probation of a Welfare Officer the reasons for such a termination of service or probation shall be reported to the State Government or such authority, as may be, empowered by them in this behalf.
(5) Duties of Welfare Officers:- The duties of a Welfare Officer sing be-
(i) to establish contacts and hold consultations with a view to maintaining harmonious relations between the factory management and workers
(ii) to bring to the notice of factory management, the grievances of workers, individual as well as collective, with a view to securing their expeditious redress and to act as a Liaison Officer between
the management and labour
(iii) to study and understand the point of view of labour in order to help the factory management to shape and formulate labour policies and to interpret these policies to the workers in language they can understand
(iv) to advise on the fulfilment by the concerned departments of the factory management of obligations statutory or otherwise concerning the application of the provisions of the Factories Act, 1948 and the rules made thereunder and to establish liaison with the Inspector of Factories, and the medical services concerning medical examination of employees, health records, supervision of hazardous jobs, sick visiting and convalescence, accident prevention and supervision of safety committees, systematic plant inspection, safety education, investigation of accidents, maternity benefits and workmen's compensation;
(v) to advise on fulfilment by the management and the concerned departments of the factory of their obligations, statutory or otherwise, concerning regulation of working hours, maternity benefit, compensation for injuries and sickness and other welfare and social benefit measures ;
(vi) to advise and assist the management in the fulfilment of its obligations, statutory or otherwise concerning prevention of personal injuries and maintaining a safe work environment, in such factories where a Safety Officer is not required to be appointed under the enabling provisions under Section 40-B
(vii) to encourage the fonnation of works and joint production committees, co-operative societies, and welfare committees and to supervise their work
(viii) to encourage provision of amenities such as canteens, shelters for rest, creches, adequate latrine facilities, ~rig water, sickness and benevolent scheme payments, pension and superannuation funds, gratuity, payments, granting of loans and legal advice to workers
(ix) to help the factory management in regulating the grant of leave with wages and explain to workers the provisions relating to leave with wages and other leave privileges and to guide the workers in the matter of submission of applications for regulating authorised absence;
(x) to advise on provision of welfare facilities such as housing facilities food-stuffs, social and recreational facilities and sanitation and on individual personal problems and on the education of children;
(xi) to advise the factory management on questions relating to training of new starters, apprentices, workers on transfer and promotion, instructors and supervisors; supervision and control of
notice board and information bulletins; to further the education of workers and encourage their attendance at technical institutes;
(xii) to suggest measures which will serve to raise the standard of living of workers and in general, promote their well being;
(xiii) Welfare Officers not to deal with disciplinary cases or appear on behalf of the management against workers.,- No Welfare Officer shall deal with any disciplinary case against a worker or
appear before a conciliation office, or in a Court or Tribunal on behalf of the Factory management against any worker or workers.
(6) Powers of exemption:- The State Government may by notification in the Official Gazette exempt any factory or class or description of factories from the operation of all or any of the provisions of this Rule subject to
compliance with such alternative arrangements, as may be approved by the State Government.
28th February 2011 From India, Jaipur
You have posted your query in very old thread and that too, in the topic on qualification by Welfare Officer and procedure of registration as Welfare Officer in Maharashtra.
You would have posted new query with appropriate subject title.
Any way, the answer, to my view, to your query is as under:
Neither in Factory Act nor in Industrial Dispute Act nor in Industrial Employment Act, nor in Maharashtra Welfare Officers (Duties, Qualifications and Conditions of Service) Rules 1966 or nor in any other Act , there is an immunity or protection given to the welfare officer. The procedure to take disciplinary action against the Welfare Office is same as applicable to other employees.
25th December 2012 From India, Mumbai
#AnonymousDear Keshav ji
Here I am not fully agreed with you. A welfare officer is appointed under the Act and his service conditions are governed as per the provisions of the State formed as such there is some difference in the procedure to be adopted for taking disciplinary action against a WO as compare to the general employees. Before termination of the service of a WO permission of state government/Labour Commissioner is must which is not applicable in other cases. I am reproducing hereunder the rules in respect of the same which would clear my point of view more -
6. Conditions of Service of Welfare Officer-
(1) A Welfare Officer shall be given appropriate status corresponding to the status of the
other executive heads of the factory.
(2) The condition of service of a Welfare Officer shall be the same as the other member of
the staff of corresponding status in the factory.
(3) Notwithstanding anything contained in sub rule (2), the management may impose any one
or more of the following punishment on Welfare Officer.
(ii) Withholding of increments including stoppage at an efficiency bar;
(i) reduction to a lower stage in a time scale;
(ii) dismissal or terminations of service in any other manner;
Provided that no order of punishment shall be passed against the Welfare Officer unless he has
been informed of the grounds on which it is proposed to take action and given a
reasonable opportunity of defending himself against the action proposed to be taken in regard
to him; Provided further that the management shall not impose any punishment other than
censure except with the previous concurrence of the Labour Commissioner, Haryana".
(4) The Labour Commissioner. before passing orders on a reference made under second proviso to
sub-rule (3) shall give the Welfare Officer an opportunity of showing cause
against the action proposed to be taken against him and if necessary. may hear the parties in person.
(5) If the Labour Commissioner on a reference made to him under the second proviso
to rub-rule (3) of rule o. refuses to give his concurrence, the management may appeal to the
State Government within thin}' days from the date of the receipt of the such refusal. the
decision of the State Government shall be final and binding.
(6) A Welfare Officer upon whom the punishment mentioned in clause (ii) of sub-rule
3 is imposed may appeal to the State Government against the order of punishment within
thirty days from the date of receipt of the order by hi m. The decision of the Stale Government shall be final and binding.
(7) The State Government may pass such interim order as may be necessary pending
the decision of appeal filed under sub-rule 5 or sub rule 6.
26th December 2012 From India, Delhi
Greetings of the day!
Apparently it seems, the service conditions which you have posted as above are of Haryna and not Maharashtra.
I have once again gone thru' Maharashtra Welfare Officers Rules, 1966 as amended up-to-date and found no such provisions in this.
26th December 2012 From India, Mumbai
Yes, my post contains the provisions of Haryana Rules.
I have got no opportunity to go through the Maharashtra Rules.
However, there are similar provisions in the Central Rules as mentioned by Mr. Kalyan Chky in his above mentioned post in this thread.
If there are no rules in Maharashtra in this regards I think central rules will prevail over it.
I am not very sure about the same so please excuse me if I am wrong.
26th December 2012 From India, Delhi