Delhi Factory Act: Form 11 - Notice of Period of Work for Adult Workers
The Factories Act is a piece of social legislation established to ensure the safety, health, and welfare of workers at work. The Delhi Factories Rules, 1950, are the rules that the state of Delhi has formulated in accordance with the Act.
In today’s guide, we’ll discuss some important chapters associated with the Delhi Factories Act, 1950, and the notice of period of work for adult workers. Let’s check at the content we’ll discuss ahead:
- Short title, extent, and commencement
- Overview Chapter on Adult Workers and Notice of Period
- Chapter VI Working Hours of Adults
- Chapter VII Employment of Young Person
- Chapter VIII of the Act Overview
- How Deskera Can Assist You?
Let’s Start!
Short title, extent, and commencement
(1) These Rules may be cited as the Delhi Factories Rules, 1950. (2) These Rules shall extend to the whole of the Delhi Province, (3) These Rules, except Rules 29 to 33,53,62, 65 to 71 and 95 shall come into force on 15th August, 1950 and Rules 29 to 33, 53, 62,65 to 71 and 95 shall come into force on such dates as are specified therein.
Overview Chapter on Adult Workers and Notice of Period
Following we have discussed crucial chapters associated with adult workers and notice of period. Also, check the form 11 notice of period of work for adult workers. Let's learn:
Chapter VI Working Hours of Adults
Rules prescribed under sub-section 2 of Section 53
77. Compensatory Holidays-
(1) Except in the case of workers engaged in any work which for technical reasons must be carried on continuously throughout the day, the compensatory holidays to be allowed under sub-section (1) of Section 52 of the Act shall be so spaced that not more than two holidays are given in one week.
(2) The Manager of the factory shall display, on or before the end of the month in which holidays are lost, a notice in respect of workers allowed compensatory holidays during the following month and of the dates thereof, at the place at which the notice of Periods of Works, prescribed under Section 61 is displayed. Any subsequent change in the notice in respect of any compensatory holiday shall be made not less than three days in advance of the date of that holiday.
(3) Any compensatory holiday or holidays to which a worker is entitled shall be given to him before he is discharged or dismissed and shall not be reckoned as part of any period-of notice required to be given before discharge or dismissal.
(4) (a) The manager shall maintain a Register in Form No.9: Provided that if the Chief Inspector of Factories is of the opinion that any muster roll or register maintained as part of the routine of factory or return made by the Manager, gives in respect of any or all of the workers in the factory the particulars required for the enforcement of Section 52; he may, by order in writing, direct that such muster roll or register or return shall, to the corresponding extent be maintained in place of and be treated as the register or return required under this Rule for that factory.
(b) The register maintained under Clause (a) shall be preserved for a period of three years after the last entry in it and shall be produced before the Inspector on demand.
Chapter VII Employment of Young Person
Notice prescribed under sub-section 3 of Section 72
85. Notice of periods of work for children
The notice of periods of work for child workers shall be in Form No.13.
92. Notice of Leave with wages-
(1) As far as circumstances parried members of the same family comprising husband, wife and children shall be allowed leave on the same date.
(2) The Manager may alter the dates fixed for leave only after giving a notice of four weeks to the worker.
Chapter VIII of the Act Overview
Section 78 provides that the provisions of Chapter VIII
- Shall not operate to the prejudice of any right
- To which a worker may be entitled under any other law
- Or under the terms of any award
- But when such an award
- Provides for longer annual leave with wages than provide in this chapter
- The provisions of this chapter shall not apply to workers in any factory of any railway administered by the Government
Rules Regarding Annual Leave with Wages (Section 79)
1. Number of working days
Every worker who has worked for a period of 240 days or more in a factory during a calendar year
Shall be allowed during the subsequent calendar year
Annual leave with wages calculated as follows:
(i) In the case of an adult worker, one day for every 20 days worked
(ii) In the case of a child worker, one day for every 15 days worked
While calculating the leave period
A fraction of leave of half a day or more shall be treated as one full day’s leave
2. Computation of number of days
(i) While counting 240 days, the following days are included in the days worked:
(a) Days of lay-off;
(b) Maternity leave up to 12 weeks granted to the female worker;
(c)Leave earned in the previous year.
(ii) Where a worker has started his service on a day other than 1st day of January
- He shall be entitled to leave with wages
- If he has worked for TWO-THIRD number of days in the remaining days of that year
- Where a worker was wrongfully suspended, his days of suspension shall be counted towards computing 240 days
3. Discharge, Dismissal, Termination, or Leaving of Employment
- Where a worker is discharged or dismissed from service
- Or leaves his employment or retires or dies in service
- He or his heir shall be entitled to wages
- In lieu of the annual leave to which he was entitled
- Even if he had not worked for the 240days required to make him eligible
The payment shall be made:
(i) Before the expiry of the Second Working Day:
Where the worker is discharged or dismissed or quits employment.
(ii) Before the expiry of Two Months:
Where the worker is retired or dies in service
4. Carry Forward of Leaves
Where a worker does not avail his whole of the annual leave earned by him.
Can carry forward his un-availed leave to the following year
Which shall be added in the leave of the following year subject to the following limits:
(i) 30 days in case of the Adult workers, and
(ii) 40 days in case of the Child workers
- But a worker can carry forward his leave without any limit
- If he is not allowed to avail of his leave due to the operation of any scheme
5. Procedure to avail Annual Leave
- When a worker wants to avail his annual leave
- He should be given an application in writing to the manager
- Not less than 15 days before the date of commencement of leave
- In the case of public utility service (which provide public services)
- He should apply 30 days before commencement leave
- A worker cannot avail his leave more than three times in a year
- But when a worker becomes ill
- Leave shall be granted even if the application is not made within such period.
6. Scheme for Annual Leave
- Due to continuity of work, the manager in agreement with the representative of the workers formulate a scheme for regulating the grant of annual leave in a planned manner to ensure continuing work.
- A copy of the scheme shall be displayed on the notice board and a copy shall be submitted to the Chief Inspector. The scheme shall remain in operation for a period of 12 months from the date of the day it comes into operation.
7. Payment in the lieu of leave
If the employment of a worker, who is entitled to; leave is terminated by the occupier before he has taken the entire leave or the worker quotes his employment before he has talent he leaves.
The occupier of the factory shall pay him the amount payable in respect of leave nor taken:
- Where terminated by the occupier, before the expiry of the second working day
- Where a worker who quits his employment
- Such payment shall be made on or before the next payday
8. Unavailed Leave and Notice of Discharge and Dismissal
In computing the period of any notice required to be given before discharge or dismissal. The unavailed leave of the worker shall not be taken into consideration.
9. Wages during Leave Period (Section 80)
- Section 80 lays down the method according to which a worker shall be entitled to wages for the leave allowed to him under Section 78 or 79 Act
- Payable at a rate equal of the daily average of his total full-time earnings
- Exclude any overtime and bonus
- But include any dearness allowance and
- The cash equivalent of the advantage occurring through the concessional sale to workers of food grains and other articles
Payment in Advance in Certain Cases (Section 81)
- A worker will be paid advance leave wages
- Provided the leave worker allowed in not less than 4 days in the case of the
- Not lease than five days in the case of a child
Mode of Recovery of Unpaid Wages (Section 82)
- Any sum required to be paid by an employer
- Under Chapter VIII of the Factories Act
- But not paid by him are recoverable as delayed wages
- Under the provisions of the Payment of Wages Act, 1936.
Power of Exempt Factories (Section 84)
- The State Government has the power to exempt a factory
- If it is satisfied that the leave rules applicable to the workers in the factory
- Provide benefits that in its opinion are not less favorable than the statutory leave rules.
Notice prescribed under sub-section 8 of Section 61
79. Notice of periods of work for adults-
(1) The notice of periods of work for adults:
(a) in Form 11 (a) when all the adult workers in a factory are required to work within the same period.
(b) in Form 11 (b) in all other cases.
(2) All notices shall be painted in bold letters on a wooden or metal plate and shall be displayed in a conspicuous place at the main entrance to the factory.
Register prescribed under sub-section 2 of Section 62
80. Register of adult workers
The muster roll or the register, as the case may be, shall be written up fresh each year and shall be preserved for a period of 12 months after the last entry in it, and shall be produced before the inspector on demand.
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Final Takeaways
We've arrived at the last section of this guide. Let's have a look at some of the most important points to remember:
- The Factories Act is a piece of social legislation established to ensure the safety, health, and welfare of workers at work. The Delhi Factories Rules, 1950, are the rules that the state of Delhi has formulated in accordance with the Act.
- Any compensatory holiday or holidays to which a worker is entitled shall be given to him before he is discharged or dismissed and shall not be reckoned as part of any period-of notice required to be given before discharge or dismissal.
- The manager shall maintain a Register in Form No.9: Provided that if the Chief Inspector of Factories is of the opinion that any muster roll or register maintained as part of the routine of factory or return made by the Manager, gives in respect of any or all of the workers in the factory the particulars required for the enforcement of Section 52; he may, by order in writing, direct that such muster roll or register or return shall, to the corresponding extent be maintained in place of and be treated as the register or return required under this Rule for that factory.
- (1) As far as circumstances parried members of the same family comprising husband, wife and children shall be allowed leave on the same date.
- (2) The Manager may alter the dates fixed for leave only after giving a notice of four weeks to the worker.
- Due to continuity of work, the manager in agreement with the representative of the workers formulate a scheme for regulating the grant of annual leave in a planned manner to ensure continuing work.
- A copy of the scheme shall be displayed on the notice board and a copy shall be submitted to the Chief Inspector. The scheme shall remain in operation for a period of 12 months from the date of the day it comes into operation.
- If the employment of a worker, who is entitled to; leave is terminated by the occupier before he has taken the entire leave or the worker quotes his employment before he has talent he leaves.
- In computing the period of any notice required to be given before discharge or dismissal. The unavailed leave of the worker shall not be taken into consideration.
- (1) The notice of periods of work for adults:
- (a) in Form 11 (a) when all the adult workers in a factory are required to work within the same period.
- (b) in Form 11 (b) in all other cases.
- (2) All notices shall be painted in bold letters on a wooden or metal plate and shall be displayed in a conspicuous place at the main entrance to the factory.
- If the employment of a worker, who is entitled to; leave is terminated by the occupier before he has taken the entire leave or the worker quotes his employment before he has talent he leaves.