Factory Compliance Confusion: Do We Need to Display Certificates and Get Overtime Consent?

pradipsamal
Clarification on Factory Compliance Requirements

1) Can anybody clarify for me, in the case of a factory, do we need to display our registration certificate in a prominent place in the factory?

2) Do we need a consent letter from employees for working overtime hours exceeding 52 hours in a quarter?

Regards
boss2966
Dear Pradip, The RC must be displayed in the Time Keeper's Office, where you might have displayed the Notice Board about the wage rates, payment dates, inspecting authorities, working hours, etc. As a matter of fact, you must get prior approval from the Inspector of Factories before commencing the OT work and ensure that the OT period is paid at double the rate of wages.

Regards
pradipsamal
Dear Pradip, The RC must be displayed in the Time Keeper's Office, where you might have displayed the Notice Board about the wage rates, payment dates, inspecting authorities, working hours, etc. As a matter of fact, you must get prior approval from the Inspector of Factories before commencing the OT work and ensure that the OT period must be paid at double the rate of wages.

Thanks, Sir, for your valuable reply. However, I have some clarifications as follows:

1) The provisions of Rule 5 of The Karnataka Factories Rules, 1969 do not provide for the display of the Factory License. Although such a provision was there earlier, it has been amended. However, we are unable to ascertain the date of such amendment. Also, I am unable to find such a provision in the Factories Act. If possible, could you provide me with the section reference or extract?

2) Neither the provisions of The Factories Act, 1948 nor The Karnataka Factories Rules, 1969 provide for obtaining written consent from the workmen to allow them to work overtime. However, as you rightly mentioned, we have to obtain prior approval from the Inspector of Factories for OT work and pay double wages to workers.

Thanks for the professional updates in advance.

Regards,
Pradip Ku Samal
B.Com, CA, CS
boss2966
Please refer to Section 108 of the Factories Act, 1948, which covers the Display of Notice Board and Abstract.
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