If canteen in office of a factory is shut down amid COVID 19 pandemic, is it a violation of Section 46 of Factories Act?
From India, Bhubaneswar
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From India, Bhubaneswar
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From the perspective of strict social distancing, it would be better to keep the canteen closed even if the factory has to run with skeleton staff or a limited number of workers pursuant to the directions issued by the State under the DMA, 2005 as long as the lockdown remains in force. Therefore, in my opinion, in such a situation, the question of contravention of sec. 46 of the FA, 1948 would not arise.
From India, Salem
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6185From India, Salem
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I agree with Umakanthan Sir. The MHA has issued guidelines for restarting factories, but nowhere an SOP is given for the canteen. We can approach it like this: The functioning of a factory with a minimum number of workers is permitted to ensure essential production. A canteen in a factory, though a statutory requirement, is applicable only when a certain number of workers assemble for work. However, in a period during which we are trying to operate with minimum numbers, and when public restaurants are asked not to provide eating places within their premises, it is advisable not to open canteens until things improve.
From India, Kannur
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From India, Kannur
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Dear colleague,
If anything, it will be a technical/notional violation of the FA. In fact, operating this service during the pandemic will be against all the safety measures to arrest the spread. So, keeping it shut during this period will not be held against you, and I concur with Mr. Umakanthan.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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If anything, it will be a technical/notional violation of the FA. In fact, operating this service during the pandemic will be against all the safety measures to arrest the spread. So, keeping it shut during this period will not be held against you, and I concur with Mr. Umakanthan.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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