I think, it's high time the citeHR administration should try to pool/consolidate all the opinions, suggestions, counters expressed in the forum and submit the rejoinder to the Ministry in response to the notification issued by the Govt.of India before the bill takes shape of amendments to the respective Acts/Laws. Let this be a contribution of the Forum.
From India, Bangalore
1063From India, Bangalore
The new Act will cover establishments employing less than 10 workers which were not under the coverage of the present Factories Act, though there are certain industries which are covered even if they employ lesser number of workers by means of state government notification as empowered by section 84 of the Act. It seems to be okay about such companies because at least some kind of administrative and statutory control will be put on them and there will be enforced some service conditions by means of which the workers will get the benefit of provident fund and other social welfare benefits. But when we cover factories in which 39 workers are employed under the new Act, there will be a lot of confusions mainly because of the reason that many such factories would already be under the statutory regulations of Factories Act and the workers would be getting the statutory benefits like PF, at 12% instead of 10 %proposed in the new Act, ESI at 1.75% instead of 10% proposed by the new Act, leaves and holidays etc.
Therefore, as suggested by Kumar, it is high time that we should take it up seriously before the Act is passed.
Madhu.T.K
From India, Kannur
Therefore, as suggested by Kumar, it is high time that we should take it up seriously before the Act is passed.
Madhu.T.K
From India, Kannur
Views on The Small Factories (Regulation of Employment and Conditions of Service) Act, 2014
Disadvantages (in brief):
1. Many benefits hitherto available is lost when strength is fixed as 40.
2. Time frame is relaxed to pay terminal benefits (at their own time)
3. Terminal benefits such as leave salary, gratuity, etc are denied (disciplinary cases).
4. Close the factory as they wish and then inform concerned authority.
5. Quantum of Penalty is open to be imposed on worker for any default.
6. If the application (worker) is defaulting, and by losing the case, 25% of the claimed amount has to be coughed.
7. Working hours ranging from 8 to 12 hrs (split duty).
8. Maternity leave in case miscarriage is 30 days as against 6 weeks/42 days of now.
9. Provident Fund subscription is 12% and many benefits under Provident Fund Act lost. (Funeral expenses, EDLI and Govt. contribution 1.16% is missing)
10. Employees Sate Insurance Corporation of India (not available)
11. Insurance scheme hitherto responsibility of the Factory management, now it is
10% recovery from the Worker. Nowhere in the country this kind of Health and Medical Scheme with huge contribution.
12. Under ID Act substantial number of workers are eligible, now it is 51% of the workers.
13. For registering a complaint all workers should support the complaint???
14. Nothing is mentioned about Union registration and recognition, but dealt regarding cancellation of recognition.
15. Some acts which are covered in the draft are mentioned not applicable.
Management is given stick to apply the "HIRE AND FIRE"
From India, Nellore
Disadvantages (in brief):
1. Many benefits hitherto available is lost when strength is fixed as 40.
2. Time frame is relaxed to pay terminal benefits (at their own time)
3. Terminal benefits such as leave salary, gratuity, etc are denied (disciplinary cases).
4. Close the factory as they wish and then inform concerned authority.
5. Quantum of Penalty is open to be imposed on worker for any default.
6. If the application (worker) is defaulting, and by losing the case, 25% of the claimed amount has to be coughed.
7. Working hours ranging from 8 to 12 hrs (split duty).
8. Maternity leave in case miscarriage is 30 days as against 6 weeks/42 days of now.
9. Provident Fund subscription is 12% and many benefits under Provident Fund Act lost. (Funeral expenses, EDLI and Govt. contribution 1.16% is missing)
10. Employees Sate Insurance Corporation of India (not available)
11. Insurance scheme hitherto responsibility of the Factory management, now it is
10% recovery from the Worker. Nowhere in the country this kind of Health and Medical Scheme with huge contribution.
12. Under ID Act substantial number of workers are eligible, now it is 51% of the workers.
13. For registering a complaint all workers should support the complaint???
14. Nothing is mentioned about Union registration and recognition, but dealt regarding cancellation of recognition.
15. Some acts which are covered in the draft are mentioned not applicable.
Management is given stick to apply the "HIRE AND FIRE"
From India, Nellore
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