Do We Need a Welfare Officer for Our Factory? Seeking Advice on Roles and Requirements

Dear Seniors and friends, I need your help. I am working with a manufacturing company and have a license for 500 workers. However, currently, only 295 workers and 10 guards are working in our factory. The guards are on a contract basis.

Could you please advise whether we would need to have a welfare officer? If so, what would be the required qualifications, salary, duties, and responsibilities for this role? Additionally, do we need to establish a welfare committee?

I appreciate your response.

Thank you.

Dear Member, Section 49 of the Factories Act, 1948 requires the appointment of Welfare Officer(s) where five hundred or more workers are ordinarily employed by the occupier. Sec. 49 may be read as follows:

49. Welfare Officers

(1) In every factory where five hundred or more workers are ordinarily employed, the occupier shall employ in the factory such number of welfare officers as may be prescribed.

(2) The State Government may prescribe the duties, qualifications, and conditions of service of officers employed under sub-section (1).

After reviewing this section, it is clear that we are to appoint a Welfare Officer only when we ordinarily employ 500 or more workers. However, in your case, you have only taken the factory license for 500 workers and have employed only 305 workmen, including contract workers, in your factory. Therefore, in my opinion, until you employ 500 or more workers, you are not required to appoint a Welfare Officer.

I have not heard of a welfare committee. Section 3 of the Industrial Disputes Act, 1947 requires us to constitute a works committee where 100 or more workmen are employed.

Regards,
R.N. KHLOA | Sr. ASSOCIATE | LL&IR
SKYLARK ASSOCIATES | GURGAON | HARYANA
Mobile: [Phone Number Removed For Privacy Reasons]
http://www.skylarkassociates.com/