Can an HR Head Also Serve as a Welfare Officer Under FA-1948? Seeking Clarity on Role Overlap

I want to know whether 'HR Head' (Qualification: MSW) can avail the post of 'Welfare Officer' as well as 'HR Head' both as per FA-1948. As per my knowledge, Welfare Officers should not deal with disciplinary cases or appear on behalf of the management against workers. They also should not 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.

From this point of view, I think the role of HR Head is different from that of a Welfare Officer. My query is: can we amalgamate both duties of 'Welfare Officer' as well as 'HR Head' and furnish these aforementioned details to the Factory Inspector for record? Please suggest.

In small-sized factories, there will not be any welfare officer vacancy. The same will be taken care of by the HR person themselves. So, there is no specific rule that prevents the HR head from dealing with welfare activities.

Thank you.

Further to the answer by our boss, I would say that if you are appointed as a Welfare Officer as per the provisions of the FA, then only you are supposed to not deal with disciplinary cases against workers or appear in courts on behalf of management in labor disputes.

As an HR head (and not appointed as a Welfare Officer under the FA), you can perform these functions. However, if you are an HR head and appointed as a Welfare Officer as well, then you cannot deal with disciplinary cases against workers or appear in courts on behalf of management in labor disputes.

Regards.

The duties of a Welfare Officer are defined in the "Mines Rules-1956" and not in the Factories Act-1948. However, nowadays, there is a very thin line between a Welfare Officer and an HR Manager/Personnel Manager or Personnel Officer. Often, there is only one Welfare Officer in an establishment because the Owner/Agent/Manager of the Establishment is required to appoint only one Welfare Officer in the establishment employing 500 or more employees, but up to 1000 employees. There are very few establishments that employ more than 1000 employees on a regular basis in a single unit.

In such cases, the so-called Welfare Officer or any HR Manager/Personnel must fulfill duties towards the welfare of employees and also take care of IR/Legal and similar matters.

So, there is no need to be confused. It is better to accept the opportunity and prove your excellence. However, I would advise that you should be fair in whatever you do. To maintain industrial relations, remember that 2+2 is not always 4; the result may vary at times, and you will have to adjust, something you will learn over time and with the guidance of experienced seniors, regardless of their field other than Personnel/HR.

Best Wishes.

Regards,
AK Jain

HR Personnel

NCL, CIL

To my understanding, if the HR Head is also the Factory Manager as per the Factories Act-1948, he cannot be nominated as the Welfare Officer even if he has the requisite qualification.

Best Wishes,

Vivek Jain
MSSL, Noida

Summary of Discussion on HR & IR Head and Welfare Officer Roles

In line with Sh. Korgaonkar, I would like to summarize the above discussion. An employee appointed as HR & IR Head and further nominated with the additional responsibility of Welfare Officer (as per Factory Inspectors' records) cannot handle disciplinary cases against workers or represent the management in courts during labor disputes. This distinction marks the fine line between the roles of a Welfare Officer and an HR & IR Head.

I hope that as an expert, you agree with my perspective.

Thanks & Regards,

I fully agree with my senior colleague Sh. Korgaonkar that the bar to deal with disciplinary cases against a worker or appear before a conciliation office or in a Court or Tribunal on behalf of the Factory management is restricted for the Welfare officers who are appointed under a statute. As such, the Welfare officers appointed under the Mines Act, 1952, or the Factories Act, 1948, have been restrained from dealing with disciplinary cases. There is no other restriction. He is right that the Role & Duties of each HR Head & Welfare Officer are quite different. In my opinion, one mainly works for and in favor of the Management, whereas the other works in favor of the workers primarily for their welfare within the parameters of the rules and in consultation with the management. As such, it will not be fair to amalgamate the duties of the Welfare Officer as well as the HR Head.

In regards to the mail posted by Sh. AK Jain, I agree that the duties of the Welfare Officer are defined in the Mines Rules, 1956, but would like to add that Section 49(1) of the Factories Act, 1948, provides that where 500 or more workers are employed, the occupier shall employ such a number of welfare officers as may be prescribed. Section 49(2) of the Act empowers the State Govts to prescribe the duties, qualifications, and conditions of service of such officers. In accordance with the same, almost all the state Govts have framed their rules. For instance, the State of Punjab has framed "The Punjab Welfare Officers Recruitment and Condition of Service Rules, 1952" via their notification no. 206 I-LP-52/1204 dated 26th March 1952. I am sorry to disagree with Sh. Jain on the suggestion that one should accept the opportunity of handling both responsibilities and prove excellence. In practical situations, it is always very difficult to maintain the balance in a particular organization where there is the existence of a strong union.

I remember an incident where an official was holding an additional charge of an Admin Officer for a week or so. One of his staff applied for the company's accommodation, which was recommended by him but later rejected by the same Admin Officer. His explanation was that as a Dept. head, he has to see the welfare of his staff, but as an Admin officer, he has to show that he is neutral and not favoring his staff.

Regards,
BS Kalsi

As per my suggestion, in a small company, both the HR and Welfare Officer roles are often managed by one person. The responsibilities may differ based on the concerns and rules set by management as per your Appointment Order. Ultimately, what I want to emphasize is to strictly follow the functions mentioned in your Appointment Order.

Regards,
Venkat