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Group 6 DSE Presentation

Employee of young presentation

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34 views17 pages

Group 6 DSE Presentation

Employee of young presentation

Uploaded by

Sneha Tomar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Shaheed Bhagat Singh College

(University of Delhi)
Employment of Young Persons:
Section 67-77
SUBMITTED BY:

Aman (291)
Ashmita (319) Professor's Name -
Sanjana (323) Sahil Ramchandani
GROUP 6

Kanan (329)
Akshit Mittal (401)
Introduction
The Factories Act, 1948, regulates the employment
of young persons in India to ensure their safety and
welfare. It prohibits the employment of children
under 14 years in factories. Adolescents (15-18
years) can work only with a fitness certificate and
are restricted from night shifts and hazardous tasks.
The Act sets specific rules on working hours and
requires record- keeping to monitor compliance,
aiming to protect young workers and promote a
safe working environment.
Importance of Child Labor Laws
Historical Background India's Perspective
Child labor has been a pressing issue globally, with millions of India has one of the highest numbers of working children
children forced into labor in hazardous environments during the in the world, but various legislative measures, such as
Industrial Revolution, depriving them of education, health, and the Child Labour (Prohibition and Regulation) Act, 1986,
a secure future. have been implemented to curb
child labor.

Modern Significance
In today's context, child labor laws are crucial for protecting
children's rights, ensuring their access to education, and
promoting sustainable development. Global initiatives like the
ILO conventions and the UN's SDGs aim to eliminate child
labor.
Overview of Sections 67-77
Sections 67-77 of the Child Labor Laws
These sections are designed to
Key Aspects

Objectives
in India focus on employment
safeguard children from exploitation
conditions, rights, and protections for
while allowing safe, regulated
young persons, including prohibitions
employment in certain non-hazardous
on hazardous work, regulations on
permissible employment, required occupations. They also promote child
certifications, and the powers of welfare and align with the right to
inspectors. education.

Indian labor laws are contrasted with similar regulations in


Comparison with countries like the United States, the United Kingdom, and
Other Countries Bangladesh, highlighting global efforts to address child labor.
Section 67
Prohibition of Employment
of Young Children

Age Restriction: No child under 14 years of age is


allowed to work in any factory.

Legal Obligation: Employers must verify the age of


children to ensure compliance.

Relevant Case Law:


Mackintosh v. First Brook Box Co., 1904: The employer
is responsible for confirming the child's age and
cannot rely solely on the applicant's statement.
Section 68 Non-Adult Workers to Carry Tokens

Children and adolescents must

a.
possess a certificate of fitness
that is issued in accordance with
Section 69. This certificate serves
as official documentation of their
Employment Conditions:
eligibility to work.
Children who are 14 years of age or older, as
well as adolescents, may be permitted to work
in a factory setting only if the following specific While at work, children and

b.
conditions are met and adhered to: adolescents must carry a token
that references their certificate of
fitness. This token serves as a
tangible identification.
Section 69 -
Certificates of Fitness
Application Process: A certifying surgeon, upon request from a young person's parent/guardian
along with a manager's document, examines the individual to verify fitness for factory work.
Issuance and Renewal: The surgeon may issue or renew:
(a) A certificate for a child if they meet prescribed physical standards.
(b) A certificate for an adult if they are at least 15 years old and fit for full-day factory work.
Validity: Certificates are valid for 12 months from the date of issue or renewal.
Revocation: The surgeon can revoke certificates if the holder is deemed unfit for factory
work.
Refusal to Issue/Renew: If a certificate is refused, reasons must be provided in writing.
Fees: Fees for the certificate are paid by the occupier and are non-recoverable from the
young person or guardian.
Section 70
Effect of Certificate of Fitness
Granted to Adolescents
An adolescent with a certificate is considered an adult for
factory work purposes if they carry a token while at work.
Working Hours Restrictions: Adolescents (under 17 years)
cannot work between 6 A.M. and 7 P.M.
Female Adolescents: Special provisions restricting work
between 10 P.M. and 5 A.M. can be authorized.

Government Exemptions: The state government can modify


work hour limits or grant exemptions for serious
emergencies.
Section 71
Working Hours for Children

Daily Limit: Children cannot work for more than


4.5 hours per day or during the night.
Shift Limits: Children can only work in two shifts
with a maximum of 5 hours each, without overlap.
Weekly Holidays: Provisions of Section 52
(weekly holidays) apply.
No Double Shifts: Children cannot work in two
different factories on the same day.
Female Child Restriction: Female children cannot
work between 8 A.M. and 7 P.M.
Section 72 Notice of Periods of Work for Children

This notice should clearly show and indicate


the specific periods during which children are
allowed to work each and every day, without
exception.
A notice of periods of work for children must be
displayed and correctly maintained in every
factory where children are employed.
Furthermore, these work periods must be
established in advance, following the same
method used for adult workers, in accordance
with Section 61. This ensures consistency and
compliance with labor regulations for both
children and adults in the workplace.
Section 73
Register of Child Workers

Every factory employing children must maintain a register of


child workers.

This register should be available to the inspector during


working hours.

The state government may prescribe the format for this


register and specify how long it should be maintained.
Section 74 - Hours of
Work to Correspond
with Notice
No child shall be employed in a factory outside the designated work periods that are clearly
displayed on the official notice regarding child labor. These specified work periods must also align
with the entries recorded in the child worker register to ensure compliance with labor regulations.
Employment practices are strictly governed by the schedule displayed and the accurate entries in
the register. This means that any deviations from the established times are not permitted, and
adherence to both the notice and the register is essential for maintaining lawful employment
standards for children in the factory.
Section 75
Power to Require Medical Examination
Inspectors have the authority to take action if the following
conditions arise:
Lack of Certificate of Fitness: If a person is found working
without a valid certificate of fitness, the inspector is
empowered to intervene.
Questionable Fitness of Certified Young Workers: If there
are any concerns regarding the fitness of a certified young
person for their assigned task, the inspector can step in to
assess the situation.
Medical Re-examination Demand: In such cases, the
inspector can demand a medical re-examination of the
worker. They have the authority to prevent the individual
from continuing work until their certification has been
verified and deemed valid.
Section 76
Power to Make Rules

Authority Authority to State Regulations on Certifying Surgeons:


Government: Conduct Examinations and Issue
The government can formulate rules related to: Certificates: Certifying surgeons must
Forms and issuance of certificates of fitness. perform thorough medical examinations of
Granting duplicate certificates if the original young persons and issue a certificate of
is lost. fitness if they are deemed fit for work.
Physical standards for children and
Maintain Records and Monitor Health:
adolescents in factories.
Surgeons are required to keep accurate
Duties of certifying surgeons.
records of examinations and certificates, and
Fees associated with examinations and
they must monitor the health of young
certifications.
workers, revoking certificates if fitness
becomes questionable.
Section 77 - Certain
Other Provisions of Law
Not Barred
Additional to Existing Laws:
The provisions outlined in this chapter serve as
supplemental regulations and do not supersede or
override the Employment of Children Act, 1938. This
means that the existing laws regarding child labor
remain in effect, and the rules established here are
intended to enhance and support those laws, rather
than replace them.
Conclusion
In conclusion, the Factories Act, 1948, plays a vital role in
protecting young persons from exploitation in the
workplace. By prohibiting the employment of children and
setting strict regulations for adolescents, the Act ensures
their safety, health, and well-being. It emphasizes the
importance of proper working conditions, limited working
hours, and continuous monitoring to prevent abuse.
Through these measures, the Act seeks to promote a
balanced approach that allows young persons to work in
safe environments while prioritizing their development and
education.
Thank you
very much

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