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Background Study Tirupur - Fair Wear Foundation

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leged corruption.<br />

In <strong>Tirupur</strong>, there is one Assistant Inspector of Factories, Inspector of Factories<br />

and one Deputy Chief Inspector of Factories. All the offices are located in Tiruppur.<br />

These Inspectors inspect the factories, verify whether labour standards are<br />

maintained, health and safety measures are followed and monitory benefits are given to the<br />

workers.<br />

“Even in those firms in Tiruppur which are in theory regulated (for example where they are<br />

registered with the Factories Inspectorate) the labour force is substantially unaffected, certainly<br />

as regards wage rates, and often as regards overall conditions of work. (…) The degree<br />

of co-ordination necessary to achieve any measure of success in attempting to pressure<br />

enterprises to conform totally undermines the task in hand. There was not only the Factories<br />

Inspectorate, but different Inspectorates for Employees State Insurance and for Provident<br />

Fund ; in addition, the Tiruppur Municipality had to grant a health and safety licence to which<br />

the Electricity Board had to agree. “ (Cawthorne). This description of the situation in the<br />

1980s does still seem to be valid.<br />

Deputy chief factory inspectors will only inspect licensed companies above a certain number<br />

employees. This inspection includes more safety aspects.<br />

Otherwise only assistants inspectors will make visits.<br />

Labour legislation is quite complicated. There are 200 odd central and state labour laws. Still<br />

almost 97 per cent of the country’s workforce remained in the unorganised sector. (Tribune<br />

news service sept. 8 2003).<br />

A major overhaul of labor legislation is on its way. “The long-awaited report of the Second<br />

Labour Commission had recommended, among other things, steps to check the multiplicity<br />

of trade unions, reduction in the number of holidays and empowering employers to lay off<br />

and retrench without prior permission.<br />

The commission, headed by Mr Virendra Verma, also sought a comprehensive legislation<br />

relating to working conditions at workplaces and another for the unorganised sector, besides<br />

asking the Centre to notify a national floor level minimum wage, giving the state powers to fix<br />

the minimum wage which should not be below the national level.” (Tribune news service<br />

sept. 8 2003).<br />

Uttar Pradesh and TN are introducing new laws that may allow contract labour in the garments<br />

export sector.<br />

3.6. Labour Laws And Acts<br />

The following overview is based on a report form UNIDO (http://www.unido.org/en/doc/4825).<br />

Most of the acts passed by the Government for the welfare of workers relate to the workers<br />

in the 'organized sector' of India's economy. A number of social security schemes have been<br />

established for them as well. Some acts and rules have also been framed for the nonorganized<br />

sector.<br />

Factories Act<br />

The Act aims to regulate working conditions in factories and ensures minimum standards of<br />

safety, health and welfare conditions of factory workers. The act also regulates the working<br />

hours, leave, holiday, overtime and employment of children, women and young persons. The<br />

Act was amended in 1987 to set out safeguards in respect to the handling of hazardous substances.<br />

The Act is worked out in Factories Rules, made on the level of the states.<br />

Working Hours<br />

The Factories Act Prescribes a 48 hour week for adult workers. In Offices a work week is<br />

generally considered to be 35 to 40 hours. Non-executive staff usually receive a shift allowance<br />

if they work in shifts that differ from the usual working hours.<br />

Paid Holidays<br />

These are generally between 10 to 20 paid public holidays in a year, for factories and offices<br />

21

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