The Factories (Karnataka Amendment) Act, 2023 was introduced in the Karnataka Legislative Assembly on February 22, 2023. Received the assent of the President on the 10th day of July, 2023. It amends the Factories Act, 1948 (Central Act) in its application to Karnataka. The Act regulates working conditions for factory workers which include daily working hour limits, weekly working hour limits, provision for overtime, and night shifts.
The amendment was necessary for the following reasons:
(i) It allows the State Government to increase the number of hours of work from the existing nine hours up to twelve hours inclusive of rest intervals in any day subject to a maximum of 48 hours in any week, to create more economic activities and employment opportunities.
(ii) It allows the State Government to extend the total number of hours of work by a worker without an interval to six hours to any group or class or description of factories to facilitate the increase in the daily maximum hours of work due to provisions of flexibility in working hours.
(iii) It allows the State Government to prescribe the hours of work in any day or in any week above which wages at the rate of twice the rate of ordinary in respect of overtime work is payable to worker in respect of overtime work.
(iv) It allows the factories to engage workers on overtime for an increased period of time in a quarter to deal with exceptional press of work.
(v) It enables the employment of women workers on overtime work, providing for equality and equal opportunity to work and earn, and also to enable employment of women round the clock subject to the conditions to secure safety and health of the woman workers working in night shifts, upon obtaining written consent from the woman workers who are interested to work in night shifts.
Section Number | Previous Provision | Amended Provision |
Section 54 | This provision states that adult workers in a factory cannot work more than 9 hours a day. However, with prior approval from the Chief Inspector, this limit can be exceeded temporarily to facilitate shift changes. | The daily working hours for certain categories of factories can be extended up to 12 hours, including rest intervals, provided the weekly maximum remains 48 hours as per Section 51. This extension is conditional upon obtaining the written consent of the worker and ensuring that the worker is given paid holidays for the remaining days of the week. |
Section 55 | The working hours for adult workers in a factory must be scheduled so that no work period exceeds five hours without a break. After every five-hour work period, workers are entitled to a rest interval of at least half an hour. | The state government can, through a notification, extend a worker's continuous working hours without a break to six hours for certain factory groups, allowing flexibility in work schedules. This extension is subject to any conditions the government deems necessary under Section 54(2). |
Section 56 | The working hours for an adult worker in a factory, including rest breaks, must be arranged so that the total time on-site does not exceed ten and a half hours in a day. This ensures that both work and rest periods are within this daily limit. | The State Government can, through a notification, extend the total workday duration, including rest intervals, to 12 hours for certain factory groups, allowing greater flexibility in working hours. This extension is subject to any conditions the government considers necessary under Section 54(2). |
Section 59 | If a worker in a factory works more than nine hours in a day or more than forty-eight hours in a week, they are entitled to overtime pay at twice their regular wage rate for the extra hours worked. | A worker is entitled to double their regular wage for overtime if they work: - More than 9 hours a day or 48 hours a week in a 6-day workweek. - More than 10 hours a day or 48 hours a week in a 5-day workweek. - More than 11.5 hours a day in a 4-day workweek, or if they work on paid holidays.
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Section 65 | The Act empowers the state government to exempt workers from the fixed (daily and weekly) working hours, subject to certain conditions. Conditions for granting exemptions include: (i) daily working hours must not exceed 12 hours, (ii) weekly working hours should not exceed 60 hours, and (ii) overtime work in a quarter must not exceed 75 hours. | The Act increases the quarterly overtime limit to 145 hours. It also adds the condition that workers may work overtime only after providing written consent. |
Section 66 | Women in factories cannot work beyond the hours of 6 A.M. to 7 P.M., and no exemption from Section 54's provisions is allowed for women. However, the State Government may extend these hours in specific cases, but work between 10 P.M. and 5 A.M. is strictly prohibited. No woman is allowed to change shifts except after a weekly or other designated holiday. The State Government may exempt women working in fish-curing or fish-canning factories from the restrictions if working beyond the specified hours is necessary to prevent damage to raw materials. | Women can work in factories only between 6 A.M. and 7 P.M., with night shift work (7 P.M. to 6 A.M.) allowed under specific conditions: Employers must prevent and address sexual harassment, with clear policies and procedures in place, prohibiting unwelcome advances, remarks, or physical contact. Employers must ensure a safe, non-hostile work environment, addressing health, hygiene, and leisure needs for female workers. A grievance redressal mechanism must be established, ensuring time-bound complaint resolution and maintaining confidentiality. Female workers must have the opportunity to raise sexual harassment concerns in workers' meetings or other appropriate forums. Proper lighting and CCTV coverage should be provided inside and around the factory, with footage stored for at least 45 days. Women workers should be employed in batches of at least ten for safety and logistical purposes. Sufficient security, including female guards, should be provided during night shifts at entry and exit points. Employers must provide secure transportation (with CCTV and GPS) for female workers during night shifts. Sufficient restrooms must be provided for female workers who arrive early or leave late. At least one-third of supervisory staff on night shifts should be women. There must be a minimum 12-hour rest gap between shifts when changing from day to night or vice versa. Employers must obtain bio-data and conduct background checks on all drivers, including those employed through outsourcing. Female workers' contact information (phone numbers, email, address) must not be disclosed to unauthorized persons. Transport routes should be carefully selected to ensure that no female worker is picked up first or dropped last. Women workers must give written consent to work night shifts, and it cannot be made compulsory. Shift changes for women workers can only occur after a weekly or other designated holiday, ensuring adequate rest between shifts.
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