Haryana Labour Department exempts factory workers, who are voters in Uttar Pradesh, Uttarakhand and Rajasthan, from the operations of Section 52(1) of the Factories Act, 1948 for specified weeks
The Labour Department, Haryana (“Department”) has in a Notification dated 12th April, 2019, declared that all adult workers working in factories situated in Haryana, who are voters in neighbouring States of Uttar Pradesh, Uttarakhand and Rajasthan and are entitled to vote at the election to the Lok-Sabha or the Legislative Assembly of the State, would not be requires or allowed to work in the Haryana factories, on the polling days of the respective States as follows:
Uttar Pradesh – 11th April, 2019 (Thursday) and 18th April, 2019 (Thursday)
Uttarakhand – 11th April, 2019 (Thursday)
Rajasthan – 29th April, 2019 (Monday) and 6th May, 2019 (Monday)
The Department has also exempted such workers from the provisions of *Section 52(1) of the Factories Act, 1948 for the weeks during which the above-specified polling days fall. Consequently,
- such workers will not be required to work on the first day of the week just because they will get a leave on the polling day of the respective State, which falls within three days immediately before or after the first day
- the managers of the factories cannot require the workers to work on such polling days by delivering a notice to the Inspector regarding the same.
* Section 52(1) of the Factories Act, 1948
No adult worker shall be required or allowed to work in a factory on the first day of the first day of the week (hereinafter referred to as the said day), unless–
(a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and
(b) the manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier, –
(i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and
(ii) displayed a notice to that effect in the factory:
Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.
Source: Labour Department, Haryana