Amendment to Factories Act in its application to Karnataka

The Government of Karnataka, vide notification No. DPAL 04 SHASANA 2023, dated 7^th August, 2023, has amended the Factories Act, 1948 in its application to the State of Karnataka. It introduces 4 days’ work a week and women allowed to work night shifts under certain conditions.

The salient features of the amendment are as below:

• As per section 54 – The State Government may, by notification in the official Gazette, extend the daily maximum hours of work up to twelve hours, inclusive of intervals for rest on any day, subject to a maximum of forty eight hours in any week in respect of any group or class, or description of factories on such conditions as it may deem expedient, subject to the written consent of such worker for such work, and the remaining days of the said week for the worker shall be paid holidays.
• As per section 55- The state Government may, by notification, extend the total number of hours of work of a worker without an interval to six hours in respect of any group or class, or description of factories on such conditions as it may deem expedient due to the provision of flexibility in working hours as specified in sub-section (2) of section 54.
• As per section 56- The State Government may, by notification in the Official Gazette, increase the spread over up to 12 hours inclusive of his intervals for rest, in respect of any group or class, or description of factories on such conditions as it may deem expedient, due to the provision of flexibility in working hours as specified in sub-section (2) of section 54.
• As per section 59- Where a worker works in any factory-

1. for more than nine hours any day or for more than forty eight hours in any week, working for six days in any week;
2. for more than ten hours any day or for more than forty eight hours in any week, working for five days in any week;
3. for more than eleven and a half hours in any day working for four days in any week, or working on paid holidays – they shall in respect of overtime work, be entitled to wages at the rate of twice their ordinary rate of wages.

• As per section 65- The overtime limit per quarter stands extended from seventy-five hours to one hundred and forty-four hours. A worker shall be required to work overtime subject to the written consent of such worker for such work.
• As per section 66- A woman may be required or allowed to work in any factory between 7 PM to 6 AM, subject to certain conditions which are listed in this notification.

While reading the above, it should be noted that Amendment to Sections 54, 55, and 56 may be implemented only after the Government of Karnataka frames rules. The other provisions would come into force with effect from 7^th August, 2023, i.e. the date on which this notification has been published in Karnataka Gazette.