Vineet Verma , Anirudh Agarwal , Nischala Maruvada
February 27, 2023
The Karnataka Legislative Assembly in its 15th (fifteenth) session, vide notification (LA Bill No. 04 of 2023) dated February 22nd, 2023, passed the Factories (Karnataka Amendment) Bill, 2023 (“Bill”) amending various provisions under the Factories Act, 1948 (“Act”) pertaining to daily hours, intervals for rest, spread over, extra wages for overtime, power of government to make exempting orders and restriction on employment of women.
-for more than nine hours a day or more than forty-eight hours a week, working for six days in any week;
-for more than ten hours a day or for more than forty-eight hours a week, working for five days in any week; and
-for more than eleven and a half hours a day working for four days a week or works on paid holidays.
- Preventing or deterring the commission of acts of sexual harassment;
- Providing transportation vehicle equipped with CCTV camera and GPS from residence and back during night shift;
-Employing women workers in a batch of at least 10 (ten);
-Providing 12 (twelve) consecutive hours of rest or gap between the shifts;
-Providing sufficient women security and rest rooms;
-Maintaining a complaint redressal mechanism ensuring time-bound treatment of complaints.
The Karnataka Government has proposed the aforesaid modifications in the Bill with a view to not only create more economic activities and employment opportunities but also provide equal opportunity of work to women workers in the state. The Bill upon becoming the law would be symbiotically beneficial for women workers and for those employers who are planning on employing such women workers on night shifts in the factory. Therefore, employers who fulfill the conditions stipulated under the Bill will be able to easily get women workers discharge their respective duties.
It is interesting to note that the amendments brought about in the Bill aim towards balancing the rights of both the employer as well as the worker and it also seems to align with the objective of the labour codes which are yet to be implemented by the Government of India.
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