Exemption from certain sections of the Himachal Pradesh Factories Act, 1948
The Labour and Employment Department, Himachal Pradesh vide Notification No. Shram(A)4-3/2017 dated 06th May 2021 has exempted all factories registered under The Factories Act, 1948 in the state from the provision of:-
- Section 51 : Weekly Hour
- Section 54 : Daily Hour
- Section 55 : Interval of Rest
- Section 56 : Spread Hours
With the second wave of COVID-19 wreaking havoc in India, the commercial sector in India has come to a grinding halt. Labour being a concurrent subject within the Constitution of India, have seen state governments striving hard to bring the industries back on target by amending and relaxing the respective labour legislations with an approach to draw in investment and restart economic activity, post approval of the Centre. States have started to kick-start the economy by diminution of labour legislations in the Country.
Himachal Pradesh amended the Factories Act, 1948 during the lockdown for three months and thus the following exemptions have been laid vide the state notification for three months –
- No Adult workers shall be allowed or required to work in the factory more than twelve hours in a day and seventy-two hours in a week.
- The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed six hours and that no workers shall work for more than six hours before he had an interval for rest at least half an hour.
- Wages in respect of increased working hour as a result of this exemption shall be in proportion to the existing Minimum Wage fixed by the Government of Himachal Pradesh under Minimum Wage Act 1948.
- Provision of the Over Time under section 59 of the Act shall continue to apply without any change. Hence, employers having their factories in the state of Himachal Pradesh registered under the Act may avail the benefit of extended working hours allowed at their factories in adherence to the specific instruction issued hereinabove including payment of overtime wages.
Workers in Himachal Pradesh will be made to work twelve hours during a day, Seventy Two hours during a week with a half-hour break after six hours. The Factories Act, 1948, otherwise provides that workers can only be made to work nine hours during a day – but forty eight hours during a week, with 1 weekly off – thus coming to eight hours during a day (sections 51, 52 & 54), with half-hour break after five hours (section 55).
It shall come into effect from the publication of this notification in the official gazette that is 06th May 2021.
This exemption has come into effect amidst the second wave of COVID-19 wreaking havoc in India, causing the commercial sector in India to come to a grinding halt. Labour being a concurrent subject within the Constitution of India, have seen state governments striving hard to bring the industries back on target by amending and relaxing the respective labour legislations with an approach to draw in investment and restart economic activity, post approval of the Centre. States have started to kick-start the economy by diminution of labour legislations in the Country.
Similar exemption was given by the State of Himachal Pradesh amid 1st wave of Covid-19 vide notification shram (A)4-3/2017-Loose-I dated 13th August, 2020. Exemption was given for 3 months which was later on extended for further 3 months in Year 2020.
Present exemption shall be valid till 06th August 2021 until further extension.
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