Topic wise questions

Personnel law and personnel management

1. What is the objectives of setting up Employment exchange under Employment exchange

compulsory notification of vacancies Act 1959 ?
Ans. The objectives of the act are as follows:

To provide for the compulsory notification of vacancies to employment exchanges.

Better opportunity for unemployed to be employed

The scopes of the act are as follows:

Extends to whole of India

Railway ,mine oil refinery ,port trust

Central government.

State government

Corporations e.g. BMC

Co-op societies

2. What type of vacancies are exempted from Employment exchange compulsory notification
of vacancies Act 1959 ?
Ans. Following are the areas where the act is not applicable:(a) in any employment in agriculture ( including horticulture) in any establishment in private
sector other than employment as agricultural or farm machinery operatives;
(b) in any employment in domestic service;
(c) in any employment the total duration of which is less than three months;
(d) in any employment to do unskilled office work;
(e) in any employment connected with the staff of Parliament.
(f) vacancies which are proposed to be filled through promotion or by absorption of surplus staff
of any branch or department of the same establishment or on the result of any examination
conducted or interview held by, or on the recommendation of, any independent agency, such as
the Union or a State Public Service Commission and the like;
(g) vacancies in an employment which carries a remuneration of less than sixty rupees in a
month.

3. What are conditions/time limits applicable to employer who has suitable vacancies in
his/her establishment - for notification of vacancies and declaration of results Employment
exchange compulsory notification of vacancies Act 1959 ?
Ans. The time limits for the notification of the vacancies are as follows:

At least 15 days before the applicants will be Interviewed or tested.

Employer to furnish the result of selection within 15 days.

The employer in every establishment in public sector in that State or area shall furnish such
information or return as may be prescribed in relation or vacancies that have occurred or are
about to occur in that establishment, to such employment exchanges as may be prescribed.

4. What is the objective of The Industrial employment standing order Act 1946?
Ans. The Labor Investigation Committee 1944-46 observed: An industrial worker has the right to know
the terms & conditions under which he is expected to follow.
The objectives of the act are as follows:

To require employers to define the conditions of work

To bring about uniformity in terms and conditions of employment

To minimize industrial conflicts

To foster harmonious relations between employers and employees.

To provide statutory sanctity and importance to standing orders

5. Explain procedure for certifying standing order for an establishment under The
Industrial employment standing order Act 1946?
Ans. Procedure of certification of standing order: -

It is obligatory on the part of an employer or a group of employers to furnish 5 copies of the draft
standing orders to the certifying officer within 6 months of the application of the Act the
employer shall submit the draft standing orders

The draft shall be accompanied by a statement giving prescribed particulars of the workmen
employed in the industrial establishment, including
the name of the trade unions, if any, to which they
belong

On receipt of the draft standing order, the certifying officer shall forward a copy to sent to trade
union of the workmen functioning in the establishment

If no such union exists, to three representatives of workmen in the establishment elected at a

meeting called for the purpose

A notice in the prescribed form will be given inviting objections, if any, to the draft standing
orders within fifteen days of receipt of these orders.

After giving to the parties an opportunity of being heard, the certifying officer shall decide
whether or not any modification of the draft is necessary, and make an order in writing
accordingly.

In doing so, the certifying officer can adjudicate upon the fairness and reasonableness of the
provisions in the drafts.

The certifying officer shall thereupon certify the standing orders with or without modifications
and forward the authenticated copies thereof to the employer and to the trade union or other
prescribed representatives of the workmen within seven days from the date of his orders.

6. What is the procedure for making changes to Standing order applicable to an

establishment?
Ans. Modification of standing order:

The standing orders finally certified under this Act shall not be liable to modification until the
expiry of six months from the date

on which the standing orders or the last modifications thereof

came into operation.

Subject to the provisions of section10(1), an employer or workman may apply to the certifying
officer to have the standing orders modified. Such an application shall be accompanied by five
copies of the modifications proposed to be made by agreement between the employer and the
workmen, a certified copy of that agreement shall be filled along with the application.

7. What is the provision for Posting the standing orders under The Industrial employment
standing order Act 1946?
Ans. Posting of standing orders

The text of standing orders as finally certified shall prominently be posted in English or in local
language understood by majority of workmen on special board at or near the entrance of for
majority of workers .

E.g. canteen, rest room .

8. Define factory, adult child, adolescent and young person under The Factories Act 1948?
Ans. Factory is defined in section 2(m) of the act. It means any premises including the following:

Whereon 10 or more workers are working , or were working on any day of the preceding 12
months , and in any part of which a manufacturing process is being carried on with the aid of
power, or is ordinary so carried on , or

Whereon 220 or more workers are working , or were working on any day of the preceding 12
months , and in any part of which a manufacturing process is being carried on without the aid
of power, or is ordinary so carried on

But doesnt include a mine subject to the operation of the Mines act, 1952 or a mobile unit
belonging to the Armed forces of the union, a railway running shed or a hotel, restaurant or easting place.
Adult: "Adult means a person who has completed his eighteenth year of age".--Sec. 2(a).
Child: ''Child means a person who has net completed his fifteenth year of age." --Sec. 2 ( c) .

Adolescent. "Adolescent means a person who has completed his fifteenth year of age but has not
completed his eighteenth year."Sec. 2(b).

Young Person. "Young Person means a person who is either a child or an adolescent."--Sec. 2(d).

9. What are provisions regarding safety for employees under factories act?

Ans. Fencing of machinery Sec. 21

Work on near machinery in motion. Sec 22

Employment prohibition of young persons on dangerous machines. Sec 23

Striking gear and devices for cutting off power. Sec 24

Self-acting machines.- Sec 25

Casing of new machinery.- Sec 26

Prohibition of employment of women and children near cotton-openers.- Sec 27

Hoists and lifts.- Sec 28

10. As per factories act what facilities and conveniences are provided for workers?

Ans. The factory should be kept clean. [Section 11].

There should be arrangement to dispose of wastes and effluents. [Section 12].

Ventilation should be adequate.

Reasonable temperature for comfort of employees should be maintained. [Section 13].

Dust and fumes should be controlled below permissible limits. [Section 14].

Artificial humidification should be at prescribed standard level. [Section 15].

Overcrowding should be avoided. [Section 16].

Adequate lighting, drinking water, latrines, and urinals should be provided. [Sections 17 to 19].

Adequate spittoons should be provided. [Section 20].

11. What are provisions regarding welfare of workers under factories act

Ans. Adequate facilities for washing, sitting, storing clothes when not worn during working
hours. [Section 42].

Facility for storing and drying clothes (section 43)

If a worker has to work in standing position, sitting arrangement to take short rests should be
provided. [Section 44].

Adequate First aid boxes should be provided and maintained [Section 45].

Canteens when there are 250 or more workers. Sec 46

Shelters, rest rooms and lunch rooms when there are 150 or more workers. Sec 47

Creches when there are 30 or more women workers. Sec 48

Welfare office when there are 500 or more workers. Sec 49

12. What are provisions regarding working hours of workers under factories act

Ans. A worker cannot be employed for more than 48 hours in a week. [Section 51].

Weekly holiday is compulsory. If he is asked to work on weekly holiday, he should have full
holiday on one of three days immediately or after the normal day of holiday. [Section 52(1)].

He cannot be employed for more than 9 hours in a day. [Section 54].

At least half an hour rest should be provided after 5 hours. [Section 55].

Total period of work inclusive of rest interval cannot be more than 10.5 hours. [Section 56].

A worker should be given a weekly holiday. Overlapping of shifts is not permitted. [Section 58].

Notice of period of work should be displayed. [Section 61].

13. What are provisions regarding employment of women under factories act

Ans. A woman worker cannot be employed beyond the hours 6 a.m. to 7.00 pm.

State Government can grant exemption to any factory or group or class of factories, but no
woman can be permitted to work during 10 PM to 5 AM.

Shift change can be only after weekly or other holiday and not in between. [Section 66].

14. What are provisions regarding employment of children under factories act

Ans. Child below age of 14 should not be employed. [Section 67].

Child above 14 but below 15 years of age can be employed only for 4.5 hours per day [Section
71].

He should be certified fit by a certifying surgeon. [Section 68].

He cannot be employed during night between 10 pm to 6 am. [Section 71].

A person over 15 but below 18 years of age is termed a adolescent. He can be employed as an
adult if he has a certificate of fitness for a full day's work from certifying surgeon.

An adolescent is not permitted to work between 7 pm and 6 am. [Section 70].

There are more restrictions on employment of female adolescent. Register of child workers
should be maintained. [Section 73].

15. What are provisions regarding Hazardous process under factories act

Ans. Information about hazardous substances /

Processes should be given. Workers and general public in vicinity should be informed about
dangers and health hazards.

Safety measures and emergency plan should be ready.

Safety Committee should be appointed.