The move also comes close on the heels of many multinational companies seeking flexible working hours for their proposed manufacturing factories in the state.
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In a bid to attract foreign investment in the manufacturing sector of the state, the Tamil Nadu assembly on Friday passed the Factories (Amendment) Act 2023, providing flexible working hours for employees in factories.
The move also comes close on the heels of many multinational companies seeking flexible working hours for their proposed manufacturing factories in the state. Tamil Nadu is a hub of major manufacturing companies and it has the highest number of factories and industrial workers in the country.
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The state assembly, however, witnessed protests and a walkout by the Left parties, the Congress and Viduthalai Chiruthaigal Katchi (VCK) when the Bll was taken up for discussion on the concluding day of the assembly session.
State industries minister Thangam Thennarasu said that the amendment has been brought taking into account the current conditions across the world, as Tamil Nadu has emerged as a global investment destination. “The move would create new employment opportunities, especially for women, and it is applicable only to certain sectors such as electronic industries, non-leather shoe-making industries and electronic clusters,” he said.
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According to him, the total working hours in a week would remain unchanged for the workers who would now have the option to work for four days in a week and avail three days’ leave. “This would immensely benefit women workers,” he said. The government said that the remaining three days would be paid leave and the existing rules on leaves, overtime and salaries would remain unchanged. Action would be taken against factories that coerced their employees to work against their wishes.
Section 127 of the relevant Central Code enables the state government, by notification, to provide, among others, for flexible working hours including overtime and spread-over hours inclusive of rest intervals, subject to such conditions and restrictions and for such period as deemed fit, in relation to any factory or class of factories, said the Bill moved by CV Ganesan, state minister for labour welfare and skill development.
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“The said Central Code having not yet been brought into force by the government of India, in the interest of workers and the industries, with a view to provide flexible working hours in factories, the state government has decided to amend the Factories Act, 1948 (Central Act 63 of 1948), in its application to this state,” said the Bill.
A Sakthivel, president, Federation of Indian Export Organisations (FIEO), termed the passing of the Bill in the assembly seeking to include flexible working of 12 hours as historical.
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Sakthivel said that the statutory provision for flexible working hours brings in a number of benefits to the state and workers, especially women employees, and the economy as a whole.
The flexible working hours including overtime and spread-over hours, which subsumes 13 labour enactments, will help in developing better safety, health and working conditions, apart from better remuneration to workers in the state. This initiative of the state government will help in creating large employment opportunities, he said.
This reform will attract more investments to the state and also help the export industry in compliances-related issues in major markets. The demand for flexible hours was raised by workers frequently, especially from light industries, as it would help them have better remuneration, Sakthivel said.
Welcoming the passing of the Bill on increasing the working hours, Tirupur Exporters’ Association(TEA) said that the flexible labour laws would help to meet the foreign buyers compliances on the overtime front since the buyers are insisting to follow laws of land and it has been now changed as per requirements of the industry.
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Those who oppose the change say it could lead to stretching the mandatory working hours to 12 hours from the present 8 hours.
