The Tamil Nadu Assembly, on April 21, passed a bill amending the Factories Act, 1948, which extends the daily working hours from 8 to 12 hours for factory workers amid protests and claims by several parties.
The Bill was tabled by Minister for Labour Welfare and Skill Development CV Ganesan and has been amended to provide appropriate wages to the workers as per the hours worked.
Industries Minister Thangam Thennarasu assured that the total working hours in a week would remain unchanged for the workers, who would now have the option to work for four days in a week and avail three days leave. "This would immensely benefit women workers," he claimed.
"The remaining three days would be paid leave and the existing rules on leaves, overtime, salaries, etc., would remain unchanged," Ganesan said. Action would be taken against factories, which coerced their employees to work against their wishes, he clarified.
The Ministers' clarification on the TN Factories Act, 2023, follows protests and a walkout by the Left parties, the Congress and Viduthalai Chiruthaigal Katchi (VCK) from the Assembly when the bill was taken up for discussion on the concluding day of the Assembly session on April 21.
The bill was however passed by voice vote as the ruling DMK enjoyed a majority in the House and also because other allies like the Marumalarchi Dravida Munnetra Kazhagam (MDMK) supported the government.
Earlier, tabling the bill to amend the Tamil Nadu Factories Act, 1948, the Labour and Welfare Minister said the state is the hub of major manufacturing companies and has the highest number of factories and industrial workers in the country.
"Representations were received from many industries and industry associations by the State government to bring out working hour reforms by making statutory provision for flexible working hours, citing the number of benefits it could bring for workers, especially women employees, industry and the economy as a whole," Ganesan said.
As per the statement of objects and reasons stated in the bill, section 127 of the Central code enabled the State government by notification to provide among others flexible working hours including overtime and spread over hours inclusive of rest intervals, subject to such conditions and restrictions and for such period as deemed fit in relation to any factory or class of factories.
The State government has decided to amend the Factories Act of 1948 (Central Act 63 of 1948) for its application to Tamil Nadu, as the said central code has not been brought into force, it said.
"As per the amendment, factories seeking exemption should obtain the employees' consent to extend the working hours and this should not affect the employees' wellbeing," Ganesan, accompanied by Thennarasu, later told reporters at the Secretariat. There would be no change in the total number of 48 hours of work in a week and this amendment would apply only to factories or establishments where their staff opt, he said, reported news agency PTI.
"This is not an anti-worker act. It will be treated as a special case to firms, and the government will implement it only after scrutiny," he added.
The bill was passed amid strong criticism and opposition from various parties such as AIADMK, Communist Party of India (CPI), Communist Party of India (Marxist) (CPI(M)), and Viduthalai Chiruthaigal Katchi (VCK).
CPI(M) state secretary K Balakrishnan said the amendment would deprive workers of their rights. He noted that Tamil Nadu was the only non-BJP ruled state to pass such a law that accedes to the demands of industrialists.
(With agency inputs)
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