Sir(s),
1. I appreciate the comments/suggestions made by Sh. Madhu T.K. to the Ministry of Labour & Employment in respect of draft Small Factories (Regulation of Employment and other Condition of Service), Act, 2014. However, I want to submit following important points for consideration by the seniors and experts.
2. The Term "small factory" has been defined as "any premises wherein a manufacturing process is carried on and which employs less than forty workers." Whether it will mean that all factories even employing less than 10 i.e. employing 1 to 9 workers will also be covered under said Act ?. If it is so, it is doubtful whether an employer employing 1 to 9 employees will be in a position to maintain all such records as mentioned in the above draft Act. It will also be doubtful whether the small employer employing 1 to 9 employees will be in a position to provide all social security benefits to his workers. If so, I think, it will be a very good step so far as employees working in such small establishments are concerned. The factories presently employing 1 to 9 persons are treated as falling in "unorganised sector"
3. Further the term "worker" has been defined as "a person who is wholly or partly employed whether directly or through any agent or contractor for wages or reward in connection with the work of any small factory to which this Act applies but does not include a person performing administrative, supervisory or managerial functions." As per section 54 of said Act, in respect of said small factory, ESI Act, 1948 and EPF & MP Act, 1952 will not be applicable and hence the workers of the category of "performing administrative, supervisory or managerial functions" will neither be coverable under said proposed Act, nor under ESI Act or EPF & MP Act, 1952. Therefore, such administrative , supervisory or managerial type of employees perhaps will not be coverable under any of such Acts and social security benefits will not be available to such staff.
4. Further, as mentioned by me in earlier comments in this thread, the Government is silent on the recommendations of the 2nd National Commission on Labour. If above proposed Act is passed, then it will be perhaps 45th Labour Law as passed by the Parliament of India. Therefore, it will add to another authority in the name of Labour Inspector etc. as will be established under said proposed Act. Had Govt. taken action, as per recommendations of 2nd Labour Commission, such situation could have been avoided to the great extent. I am mentioning following famous Quotes by eminent jurists/writers on multiplicity of laws as follows:-
CICERO: "THE MORE LAWS, THE LESS JUSTICE".
WINSTON S. CHURCHILL: " IF YOU HAVE TEN THOUSAND REGULATIONS, YOU DESTROY ALL RESPECT OF LAWS"
LEO TOLESTOY: " WRITTING LAWS IS EASY, BUT GOVERNING IS DIFFICULT."
5. Even after the above proposed Act is passed, enforced and implemented, the questions will definitely arise as to who will check the compliance of said Act in present situation when the visits of said "Inspectors" have been barred by the administrative instructions of the departments. And even, by general tendency and practice, the compliance position of labour laws is much lower.