Do the Factories act provisons apply to managerial level if yes then why the managerial employees do not get overtime usually?
From India, Jaipur
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8From India, Jaipur
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Factory Act Compliance and Registration
I want to know about Factory Act compliance, such as license renewal, half-yearly return, yearly return, etc. What is the difference between the Shop Act and the Factory Act? Also, what is the procedure for the registration of the Factory Act?
Thank you,
Kashyap
From India, Delhi
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I want to know about Factory Act compliance, such as license renewal, half-yearly return, yearly return, etc. What is the difference between the Shop Act and the Factory Act? Also, what is the procedure for the registration of the Factory Act?
Thank you,
Kashyap
From India, Delhi
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Dear Kashyap,
Good question...
The Factories Act is basically related to three main basics:
Firstly, the health of the employees.
Secondly, the safety of the employees.
Finally, the welfare of the employees.
In relation to overtime (OT) for the laborers and not for managerial staff, there is no clear definition for the same. However, managers can also request overtime pay for the hours they worked. Usually, due to seniority and a better salary structure compared to laborers, executives, officers, managers, etc., do not ask for OT. However, there is no straightforward provision stating that they will not be eligible for OT.
Regarding the difference between the Shops Act and the Factories Act:
The Factories Act is applicable to manufacturing units where 20 or more persons are working on any day in a year and where any kind of manufacturing activities are being performed.
The Shops and Establishments Act is applicable to shops, offices, head offices, corporate offices, etc., where any kind of services are provided and not manufactured. The number of persons working could be any. As per the act, shops must open and close as per the specified times according to the industry.
I hope this information has answered some of your queries.
From India, Jaipur
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Good question...
The Factories Act is basically related to three main basics:
Firstly, the health of the employees.
Secondly, the safety of the employees.
Finally, the welfare of the employees.
In relation to overtime (OT) for the laborers and not for managerial staff, there is no clear definition for the same. However, managers can also request overtime pay for the hours they worked. Usually, due to seniority and a better salary structure compared to laborers, executives, officers, managers, etc., do not ask for OT. However, there is no straightforward provision stating that they will not be eligible for OT.
Regarding the difference between the Shops Act and the Factories Act:
The Factories Act is applicable to manufacturing units where 20 or more persons are working on any day in a year and where any kind of manufacturing activities are being performed.
The Shops and Establishments Act is applicable to shops, offices, head offices, corporate offices, etc., where any kind of services are provided and not manufactured. The number of persons working could be any. As per the act, shops must open and close as per the specified times according to the industry.
I hope this information has answered some of your queries.
From India, Jaipur
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What are the inspecting schedules for "Shops" and "Factories". Is Labour Officer authorised to inspect SME Factories. This is regarding Andhra Pradesh.
From India, Hyderabad
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From India, Hyderabad
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Not a very accurate answer!!!
- Provisions in the Factories Act are applicable to 'Workman or Worker'. Refer to the Factories Act and check the definition of 'Workman or Worker'.
- Since Officers and Managers are not 'Workman or Worker' as defined in the Factories Act, the provisions are not legally applicable to them.
From India, Pune
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- Provisions in the Factories Act are applicable to 'Workman or Worker'. Refer to the Factories Act and check the definition of 'Workman or Worker'.
- Since Officers and Managers are not 'Workman or Worker' as defined in the Factories Act, the provisions are not legally applicable to them.
From India, Pune
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[QUOTE=vkokamthankar;1464978]Not a very accurate answer!!!
- Provisions in the Factories Act are applicable to 'Workman or Worker'. Refer to the Factories Act and check the definition of 'Workman or Worker'.
- Since Officers and Managers are not 'Workman or Worker' as defined in the Factories Act, provisions are not legally applicable to them.
"Worker" means a person employed, directly or by or through any agency (including a contractor), with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process but does not include any member of the armed forces of the union.
According to the above definition, how can you justify that managerial people are not workers?
From India, Jaipur
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- Provisions in the Factories Act are applicable to 'Workman or Worker'. Refer to the Factories Act and check the definition of 'Workman or Worker'.
- Since Officers and Managers are not 'Workman or Worker' as defined in the Factories Act, provisions are not legally applicable to them.
"Worker" means a person employed, directly or by or through any agency (including a contractor), with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process but does not include any member of the armed forces of the union.
According to the above definition, how can you justify that managerial people are not workers?
From India, Jaipur
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FACTORIES ACT NOISE REGULATIONS 1997.pdf
Factories Act.doc