Factories Amendment Act, 2016

 Amendment Act has revised the definition of factory under Section 2(m) of the
Principal Act by increasing threshold of the number of workers employed in
any manufacturing unit without electricity from 20 to 40 and those units
operating with power the limit employee from 10 to 20 workers. Additionally,
the state government is may now stipulate the threshold for applicability under
this Amendment Act, so long as such minimum does not exceed 40 workers
or 20 workers as the case may be. Further, the cap of employees to be
employed in the unit operating with power has been increased from 10
workers to 20 workers. Further, Section 85 of the Principal Act has also been
amended to give effect to this change in definition. The effect of increase in
the applicability threshold is that the smaller industries are now excluded from
the provisions of the Principal Act which mandates that every unit with more
than 20 workers in premises with power supply and 40 workers in premises
without power shall have safety guidelines and proper working conditions.
 Written permission from the Chief Inspector in consonance with the opinion of
the State Government for exemption from any conditions for adult workers
working in the factory as specified in Section 65(2) of the Principal Act has
been waived off and the rules for working of an adult shall on such terms and
conditions shall be as may be prescribed.
 The Amendment Act has increased the maximum legal overtime to 115 hours
from the present 75 hours for workers in small-scale industrial units as
specified in Section 65(3) of the Principal Act.
 The Principal Act did not permit women employees to work except between
6.00am to 7.00pm in industrial units under section 66(1). The Amendment Act
has allowed women employees to work during 7.00 pm and 6.00 am in any
factory under adequate safety and securities measure. The Amendment Act
has paved the way for women to work night shifts, provided however,
mandatory safeguards for security are followed i.e. with regards to
occupational safety and health, equal opportunity for women workers,
adequate protection of their dignity, honour and transportation from the factory
premises to the nearest point of their residence.

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  If the workman works for 90 continuous days than that workman shall be
eligible for annual leave with wages. Prior to the amendment, a workman had
to work for 240 continuous days to avail the benefit of paid leaves as stated in
Section 79 of the Principal Act.
 A new provision i.e. Section 92(A) and Schedule IV dealing with general
penalty for offences and list of compoundable offences respectively. The
officer not below the rank of Deputy Chief Inspector of factories shall be
permitted to institute prosecution for any offences as specified in Schedule IV
of the Amendment Act. The penalty imposed for these offences shall not
extend the fine amount prescribed under Section 92 of the Principal Act.
Section 92 has detailed out the amount of fine for various circumstances. The
amount of fine should not exceed INR 1,00,000/- (Rupees One Lacs Only) for
general offences but for a repeated offender the limit of the fine may be
extended to 1,000/- (Rupees One Thousand) each day until the time such
contravention persists. Further if the cognizance of offence results in serious
bodily injury or death of a workman than the amount of fine shall not exceed
INR 25,000/- (Rupees Twenty Five Thousand) and 5,000/- (Rupees Five
Thousand Only) respectively. Once the proceedings have been compounded
against the offender for an offence, the offender shall not be prosecuted again
for the same offence. The cognizance of any offence shall not be taken up by
any court unless given in writing by the Chief Inspector. Prior to the
amendment, the Inspector was to sanction in writing for any offence to be
taken up by the court under Section 105 of the Principal Act.

Maternity Benefit Amendment Act, 2017

 Duration of Maternity Leave-

Women employed in factories, mines, shops and establishments with 10 or
more employees, and other notified establishments, are entitled to maternity
leave of 26 (before it was 12 weeks) weeks, with full wages. This maternity
leave should not be availed before eight weeks (changed from 6 weeks) from
the date of expected delivery. For a woman who has two or more children, the

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 maternity leave will be 12 weeks, which can only be availed six weeks before
the date of the expected delivery.

 Maternity leave for adoptive and commissioning mothers

Provides 12 weeks of maternity leave to:
(i) a woman who legally adopts a child below three months of age
(ii) a commissioning mother. A commissioning mother is defined as a
biological mother who uses her egg to have a surrogate child.
The 12-week period of maternity leave will be calculated from the date the
child is handed over to the adoptive or commissioning mother.

 Creche Facilities
Requires every establishment with 50 or more employees to provide crèche
facilities within a prescribed distance. The woman will be allowed four visits to
the crèche in a day. This will include her interval for rest.

 Option to Work from Home

An employer may permit a woman to work from home, if the nature of work
assigned permits her to do so. This option can be availed of, after the period of
maternity leave, for a duration that is mutually decided by the employer and
the woman.

 Employer to inform the woman of maternity benefits

Every establishment has to inform a woman at the time of her appointment of
the maternity benefits available to her. This communication must be in writing
and electronically.

Industrial Dispute Amendment Act, 2010

 Sec. 2A(2): A provision has been made for the workman/employee to make
an application direct to the Labour Court or Tribunal for adjudication of the
disputes relating to or arising out of discharge, dismissal, retrenchment or
termination, after the expiry of the forty-five days from the date he has made

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 the application to the conciliation officer of the appropriate Government for
conciliation of the dispute.
 Sec. 2A (3): A provision has been made that provides the applications
referred above shall be made to the Labour Court or Tribunal before expiry of
three years from the date of discharge, dismissal, retrenchment or termination
as the case may be.
The amendment is a good relief for employees to sue employers directly
against indiscriminate and illegal termination, discharge and dismissal. It will
help in increase number of litigations from employees against the employers.
 The wage ceiling has been enhanced from rupees one thousand six hundred
to ten thousand. The exclusion is where the workmen employed in a
supervisory capacity, draws wages exceeding ten thousand rupees per
mensem or exercises, either by the nature of the duties attached to the office
or by reason of the powers vested in him, functions mainly of a managerial
nature.
 It has substituted a new chapter for chapter II-B. The Amendment provides
that every industrial establishment employing twenty or more workmen shall
have one or more grievance redressal committed for the resolution of disputes
arising out of individual grievances.
(i) The Grievance Redressal Committee shall consist of equal number of
members from the employer and the workmen.
(ii) The chairperson of the Grievance Redressal Committee shall be
selected from the employer and from among the workmen alternatively
on rotation basis every year.
(iii) The total number of members of the Grievance Redressal Committee
shall not exceed more than six
(iv) Provided that there shall be, as far as practicable, one-woman member
if the Grievance Redressal Committee has two members and in case
the numbers of members are more than two, the number of women
members may be increased proportionately.
(v) Notwithstanding anything contained in this section, the setting up of
Grievance Redressal Committee shall not affect the right of the

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 workman to arise industrial dispute on the same matter under the
provisions of this Act.
(vi) The Grievance Redressal Committee may complete its proceedings
within thirty days on receipt of a written application by or on behalf of
the aggrieved party.
(vii) The workman who is aggrieved of the decision of the Grievance
Redressal Committee may prefer an appeal to the employer against
the decision of Grievance Redressal Committee and the employer
shall, within one month from the date of receipt of such appeal, dispose
of the same and send a copy of his decision to the workman
concerned.
(viii) Nothing contained in this section shall apply to the workmen for
whom there is an established Grievance Redressal Mechanism in the
establishment concerned.

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 References
 http://corporatelawreporter.com/2011/05/03/highlights-industrial-disputes-
amendment-act-2010/
 https://biblehr.com/summary-of-recent-labour-law-changes-in-2017/
 https://www.citehr.com/80534-labour-laws-india-ppt-download.html
 https://labour.gov.in/lcandilasdivision/india-ilo
 http://www.pmindia.gov.in/en/news_updates/the-factories-amendment-bill-
2016/
 https://www.livemint.com/Politics/rwATkj4QO6CCEdGTFYFX2N/Panel-asks-
labour-ministry-to-rework-amendments-to-Factories.html
 https://economictimes.indiatimes.com/news/politics-and-nation/maternity-
benefit-act-the-new-amendments-might-cause-some-pangs-in-the-short-
run/articleshow/64809703.cms
 http://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Acts+Impl
emented/Details+of+the+Acts+Implemented/The+Industrial+Disputes+Act/Intr
oduction

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