Q.7 What restrictions are imposed by the factory act on the employment of women and children? Briefly state the rules with regard to their safety and welfare.
Ans: CHILD WORKERS
ü Fitness Certificates
For children and adolescents the age is fixed as given in the definition. Besides the age restriction, there are special provisions which make It compulsory that a child and an adolescent, inspite of attaining the required age cannot be allowed to work in a factory without obtaining a fitness certificate from a certifying surgeon- This certificate is to remain in the procession of the manager of the factory. When a child or an adolescent is at work-he carries with him a token, which gives a reference to the fitness certificate.
ü Register of Child Workers
In case children are employed in a factory the manager of that factory shall maintain a register of child workers showing the name and age of the child, the nature of his work, the group in which he is included and the number of his certificate of fitness.
ü Working Hours of Child Worker
Section 54 has laid down that the span of time during which children and adolescent can be to work is from 6 a.m. to 7 p.m. which clearly means that they can not work in night shifts. Like adults, children and adolescents are also restricted to perform double duty. They are not allowed to work «|la factory for pressing cotton in a place where it cotton opener is at work. They cannot be allowed to oil or clean the machines.
The restrictions imposed upon child workers are also applied in the case of women workers; the only difference lies in the number of working hours for women, which is nine hours in a day like adult male workers.
ü Other Restrictions
Child workers and adolescent workers are not allowed to perform double duty. They are not allowed to work in a factory for pressing cotton in a place where a cotton opener is at work. They cannot be allowed to oil or clean the machines while they are in motion. They are also restricted to work on dangerous machines.
All the rules of law relating to adult workers are equally applicable to both male and female workers. However, there are certain provisions in the Factories Act, which relate to women workers only. Such provisions have been collected in what follows:
- A woman shall not be allowed to clean, lubricate or adjust any part of the machinery while in motion, or work between moving parts, or between moving and, fixed parts of machinery in motion.
- A woman shall not be employed in any part of a factory for pressing cotton, in which a cotton opener is at work. However, if the feed-end and delivery-end of the cotton-opener are located on different sides of a partition extending to the roof, then women may be employed on the feed-end side of the partition.
- Where more than 50 women workers are ordinarily employed there shall be provided a suitable room for use of children less than 6 years of age.
- A woman shall not be allowed or required to work for more than 9 hours in a day and no exemption in this respect will be granted.
- A woman shall not be allowed to work beyond 6 a.m. and 7 p.m. except when varied by the Provincial government. But no such variation authorizes the employment of any woman between 7.30 p.m. and 5 a.m.
- When under Section 33Q the Provincial Government declares an operation as dangerous it may prohibit or restrict the employment of women in that operation.