International Labour Organization

Employment - e.quality@work: An information base on Equal Employment Opportunities for women and men

Factories Act, 1948

The Act has the following provisions of interest to women (see ss.19 22(2), 27, 42(1)(b), 48, 66, 79(1) and 114.):

The Act prohibits women from being employed in cleaning, lubricating or adjusting certain machinery when it is in motion, if that would expose them to risk of injury. Women are also not allowed to work in the part of a factory where a cotton-opener is at work unless certain conditions are met.

Suitable sanitation facilities must be provided.

If more than 30 women are employed, the employer must provide a free creche on the premises for children under six years of age. State governments may make rules governing these creches, which may include requirements to provide clothes washing and changing facilities, child-feeding facilities and free milk and refreshments for the children.

Women can not be exempted from the requirement that the maximum working day for adults is 9 hours, and can not work in factories between the hours of 6am and 7 pm (unless the factory falls within a specific exemption, but in any case, not between the hours or 10 pm and 5 am.). In relation to women, there must not be a change of shifts except after a weekly or other holiday. However, note that State governments can change these requirements in the fish curing and canning industries.

Periods of absence on maternity leave are included in calculating periods of service for the purposes of annual leave.