T.N. Bill seeks to exempt factories from working hour norms

The Tamil Nadu government has tabled a Bill in the Assembly, seeking to include a provision in the Factories Act, 1948, to empower itself to exempt any factory or group of factories from certain provisions of the Act which deal with the working hours of adults

The Tamil Nadu government has tabled a Bill in the Assembly, seeking to include a provision in the Factories Act, 1948, to empower itself to exempt any factory or group of factories from certain provisions of the Act which deal with the working hours of adults.

If the Bill is adopted and becomes a law, the State government would be able to exempt any factory or group of factories from any or all of the provisions of Sections 51, 52, 54, 55, 56 or 59 of the Act.

According to the Bill, the decision to amend the Act followed representations from many industries and industry associations “to bring out working hour reforms, by making a statutory provision for flexible working hours, citing the number of benefits it could bring to workers, especially women employees, the industry and the economy as a whole.”

Though the Occupational Safety, Health and Working Conditions Code, 2020, has been enacted by the Government of India in September 2020, it is yet to be brought into force through notification, pointed out the Bill tabled by Minister for Labour Welfare and Skill Development C.V. Ganesan.

Section 127 of the Code enables the State government (when notified) to provide for flexible working hours, including overtime and spread-over hours, inclusive of rest intervals, subject to such conditions and restrictions as applicable to any factory or class of factories. The Code subsumes 13 labour enactments, including the Factories Act, 1948, relating to the occupation, safety, health and working conditions of workers.

“The said Central Code having not yet been brought into force by the Government of India, in the interest of workers and the industries, with a view to providing flexible working hours in factories, the State government has decided to amend the Factories Act, 1948, in its application to this State. The Bill seeks to give effect to the above decision,” the Bill stated.