Factory Licenced Manpower

While calculating the number of employees to be ordinarily employed in a factory for the purpose of Factory license fees, do we need to take the strength of Act apprentices ?

Every person working within the factory premises except for the occupier and the factory manager is a worker under the factory act. So yes, apprentices should also be considered when computing the number of persons ordinarily employees.
However, most companies keep a buffer of 100-300 workers to provide for urgent needs or temperory increase in work force.

Though the definition of worker under Factories Act 1948 does not include an apprentice but my view on inclusion of apprentices is on a different ground. The Factories Act is basically a welafre Act, meant to provide for health and safety of persons empolyed in the Factories even if they are not directly involved in the manufacturing process but even if they are incidentally connected with it. Sec.16 of the Apprentices Act extends the application of provisions of the Factories Act relating to healhth and safety to apprentices engaged in a factory premises.Thus looking to the spirit of the Factories Act and the provisons of the Apprentices Act, you can include apprentices also for the limited purpose of paying license fees. This only a view. Views od other experts are also invited.
B.Saikumar
HR & Labour law Advisor

Dear All,

I have one query, please let me give the solution.

We are very small organization and we are deducting the PF amount within the limit of 6500/- Rs.

Our Case is;;

In the last month, one of the employee met with an accident and she attended her duty from 1st sept. to 20th sept. 2013 then after 21st she met within an accident and remaining days she not attended her duty. And her salary of these 20 days is Rs. 8000 (Basic only). So, can we deduct the PF amount like 6500/- * 12% of what?

Her salary is deducted from the month of Sept. 2013. (10 Days)

i.e. calculation is like

1. If her 20 days salary is crossed the limit of 6500 then we can deduct the PF is 6500*12%

2. and if her 20 days salary is crossed the limit of 6500 and she not attended her duty remaining 10 days and if her salary is crossed 6500 then we consider accordingly her present days only and we can deduct pf respect to (6500/30)*20 days * 12% .... Is it ok

Please give me solution about this query… please.

Regards,

Disha G.

Human Resource Department

Dear Disha G.,
As per your query :-
1. If her 20 days salary is crossed the limit of 6500 then we can deduct the PF is 6500*12%
2. and if her 20 days salary is crossed the limit of 6500 and she not attended her duty remaining 10 days and if her salary is crossed 6500 then we consider accordingly her present days only and we can deduct pf respect to (6500/30)*20 days * 12% .... Is it ok
In your case, her Earned Basic Salary for 20 days is 8,000. You can deduct her PF on Earned Basic Salary (maximum limit Rs.6,500).