Sam Higginbotton Institute of Agricultural Technology and Sciences, (SHIATS) Joseph school of business study Allahabad 211007, U.

P, INDIA

Assignment on:-

LABOUR LAW

SUBMITTED BYAdarsh Kumar ID No: 12MBA019 (MBA 3rd semester)

SUBMITTED TOProf. Dr M Naseer

THE FACTORIES ACT, 1948

Definition of a Factory:Factory is defined in Section 2(m) of the Act. It means any premises including the precincts thereofI .Whereon ten or more workers are working, or were w o r k i n g on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on; or ii. Whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on ; But does not include a mine subject to the operation of the MinesAct,1952 or a mobile unit belonging to the Armed forces of the Union, a railway running shed or a hotel, restaurant or eating place.

OR
Definition of a Factory: Section 2 (m) defines a factory as any place wherein ten or more persons are working and in which a manufacturing process is carried on with the aid of motive power supplied by steam , oil or electricity. Premises in which power is not used come under the term of a factory if twenty or more persons are working in them.

IMPORTANT DEFINTIONS OF WAGE Section 2 (Vi)- Wages Wages" means all remuneration (whether by way of salary allowances or otherwise) expressed in terms of money or capable of being so expressed which would if the terms of employment express or implied were fulfilled be payable to a person employed in respect of his employment or of work done in such employment . Definition of Wages: Wages includes(a) any remuneration payable under any award or settlement between the parties or order of a Court

(b) (c) (d)

(e)

(b) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period. (c) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name) (d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum whether with or without deductions but does not provide for the time within which the payment is to be made (e) any sum to which the person employed is entitled under any scheme framed under any law for the time being in force,

Wages does not include(1) any bonus (whether under a scheme of profit sharing or otherwise)which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or order of a Court; (2) the value of any house-accommodation or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the State Government (3) any contribution paid by the employer to any pension or Provident Fund and the interest that may have accrued thereon (4) any traveling allowance or the value of any traveling concession; (5) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; or (6) any gratuity payable on the termination of employment in cases other than those specified in Sub-clause (d). 3 Employee means any person employed by or through any agency( including a contractor) with or without the knowledge of the principal employer, for remuneration in any factory or establishment to do any work connected with its affairs, whose average wages do not exceed 6500 rupees per month or such amount as may be specified by the Central government from time to time, on the basis of rise in the consumer price index number, by notification in the Official Gazette; employed person" includes the legal representative of a deceasedemployed person

 Employer meansin relation to an establishment which is a factory under the Factories Act ,1948 the person who has been named as a manager under Section 7 of that Act; and in relation to any other establishment, the person w h o h a s u l t i m a t e control over the affairs of the establishment and where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent; employer" includes the legal representative of a deceased employer;

4 Seasonal factory A factory which is completely engaged in one or more of the following manufacturing process namely cotton ginning, cotton or cotton jute pressing, the decortications of groundnuts, the manufacture of coffee indigo, lac , rubber, sugar (including gur) or tea or any of the aforesaid processes, is a seasonal factory. The factory in which manufacturing process is carried on for one hundred and eighty working days in the year and cannot be carried on except during particular season is also called seasonal factory. 5 Definition of 'Corporation' A legal entity that is separate and distinct from its owners. Corporations enjoy most of the rights and responsibilities that an individual possesses; that is, a corporation has the right to enter into contracts, loan and borrow money, sue and be sued, hire employees, own assets and pay taxes. The most important aspect of a corporation is limited liability. That is, shareholders have the right to participate in the profits, through dividends and/or the appreciation of stock, but are not held personally liable for the company's debts. Corporations are often called "C Corporations."