Can PWD (Person with Disability) work in operational areas in a factory? What are the legal implications? There is no such clause mentioned in The Factories Act. I need an expert opinion on this with relevant legal references/sections, please.
From India, Mumbai
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From India, Mumbai
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In India, the employment of Persons with Disabilities (PWD) in operation areas within factories is governed by the Rights of Persons with Disabilities Act, 2016, and the rules issued under it. While The Factories Act, 1948, primarily focuses on safety, health, and welfare measures for workers in factories, the Rights of Persons with Disabilities Act ensures equal employment opportunities for PWDs across various sectors.
Legal Implications:
1. The Rights of Persons with Disabilities Act, 2016, mandates that establishments with 20 or more employees should reserve at least 4% of their total jobs for PWDs.
2. Section 32 of the Act prohibits discrimination against PWDs in employment and ensures that they have equal opportunities for recruitment, promotion, and training.
3. Factories employing PWDs in operation areas must comply with the provisions of the Act, ensuring reasonable accommodation, accessibility, and non-discrimination.
Practical Steps:
1. Employers in factories should assess the nature of the operation areas, the type of disability of the individual, and the required accommodations for a safe working environment.
2. Engage with the PWD employee to understand their specific needs and make necessary modifications to the workspace or processes to enable their effective participation.
3. Provide training and awareness sessions to existing employees to promote inclusivity and create a supportive work culture.
It is essential for factories to adhere to the legal framework set forth by the Rights of Persons with Disabilities Act to ensure equal employment opportunities and a conducive work environment for PWDs in operation areas.
From India, Gurugram
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59Legal Implications:
1. The Rights of Persons with Disabilities Act, 2016, mandates that establishments with 20 or more employees should reserve at least 4% of their total jobs for PWDs.
2. Section 32 of the Act prohibits discrimination against PWDs in employment and ensures that they have equal opportunities for recruitment, promotion, and training.
3. Factories employing PWDs in operation areas must comply with the provisions of the Act, ensuring reasonable accommodation, accessibility, and non-discrimination.
Practical Steps:
1. Employers in factories should assess the nature of the operation areas, the type of disability of the individual, and the required accommodations for a safe working environment.
2. Engage with the PWD employee to understand their specific needs and make necessary modifications to the workspace or processes to enable their effective participation.
3. Provide training and awareness sessions to existing employees to promote inclusivity and create a supportive work culture.
It is essential for factories to adhere to the legal framework set forth by the Rights of Persons with Disabilities Act to ensure equal employment opportunities and a conducive work environment for PWDs in operation areas.
From India, Gurugram
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Rights of Persons with Disabilities Act 2016.pdf