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Karnataka Amends Factories Act

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By passing the Amendment Act of 2023, the Karnataka government significantly amended the Factories Act of 1948. The Amendment Act gives the government the authority to increase the maximum number of hours of work per day to twelve (inclusive of the rest period), up to a maximum of 48 hours per week, for any group, class, or description of factories, under any conditions it may deem appropriate, provided that the worker has given their written consent to the additional hours of work. A worker's total hours of work without a break may be increased by the government by notification to 6 hours for any group, class, or kind of factory under the circumstances it deems appropriate. Furthermore, the government may, by notification in the Official Gazette, expand the spread over up to 12 hours inclusive of his rest intervals in respect of any group, class, or description of factories on such terms as it deems appropriate. Overtime labour has been increased from 75 hours per quarter to 144 hours, and the worker's written authorization is necessary before performing overtime work.


Furthermore, it has allowed women to work between 7 p.m. and 6 a.m. in any factory with their consent to work in the night shift, provided that the employer complies with certain conditions such as sexual harassment prevention, deterrence, and a mechanism for resolving and prosecuting sexual harassment, as well as appropriate working conditions such as hygiene, safety, security, and leisure. The company is also expected to offer transport for female employees, with the car fitted with a CCTV camera and GPS, and to recruit drivers only after suitable screening and biodata collection. The routes must be chosen in such a way that no female employees are picked up first and put off last. Further, there shall not be less than twelve consecutive hours of rest or gap between the last shift and night shift wherever a woman worker is changed from day shift to night shift and vice versa.


























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