WELFARE OF SPECIAL CATEGORIES OF LABOUR
1 Child labour
2 Female labour
3 Contract labour
4 Construction labour
5 Agricultural labour&differently abled labour
6 BPO&KPO Labour
7 Social assistance
8 Social security
1 Child labour
Children
have to be taken care and must be protected frombeing exploited by the society.
Children of any age, whether, male or female should be not only protected but
also safeguarded and developed to grow in a healthy atmosphere.
Laws pertaining to the
prohibition of Child Labour
1. Children
(Pledging of Labour] Act (1933)
2. Employment
of Children Act (1938)
3. The
Bombay Shop and Establishments Act (1948)
4. Child
Labour (Prohibition and Regulation Act) 1986
5. The
Indian Factories Act (1948)
6. Plantations
Labour Act (1951)
7. The Mines
Act (1952)
8. Merchant
Shipping Act (1958)
9. The
Apprentice Act (1961)
10.
The Motor Transport Workers Act (1961)
11.
The Atomic Energy Act (1962)
12.
Bidi and Cigar Workers (Condition of Employment)
Act (1966)
13.
State Shops and Establishments Act
Some of the Statutory Provisions
on Child Labour
The child
shall enjoy special protection and shall be given opportunities and facilities,
by law and other means, to enable him to develop, physically, mentally,
spiritually and socially in a healthy and normal manner and in conditions of
freedom and dignity. In the enactment of laws for this purpose, the best
interest of the child shall be the Paramount Consideration
main provisions of child labour act, 1986.
The Act
came into force from 23rd December 1986. Its main objectives are to prohibit
the employment of children in certain categories of industries and to regulate
the conditions of work of children in certain industries. It was amended in
1988.
(1)Scope
The Act
is applicable to all establishments such as workshop, farm, residential hotels,
restaurants, eating houses, theatre or other places of public amusement where
child labour is largely employed. The Act extends to the whole of India.
―Child‖
means a person who had not completed fourteen years of age.
Main Provisions of the Act
(1)Prohibition
of employment of children in certain occupations and processes:
(2)No
child can be employed, or permitted to work in nay of the occupations set forth
in Part A of the Schedule or in any workshop wherein any of the processes set
forth in Part B of the schedule is carried on.
(3)Hours
and period of work:
Ø No child
shall be allowed to work in any establishment in excess of such number of hours
as many be prescribed for such establishment or class establishment;
Ø The daily
hours or work shall be so fixed that no child shall be allowed to work for more
than three hours without prior interval of an hour:
Ø The hours
of work shall be so arranged that inclusive of rest interval, time spread and
the time spend in waiting for the work shall not exceed six hours a day;
Ø No child
shall be allowed to work between 7. P.M and 8 P.M
(3)Weekly
Holiday
Every
child employed in any establishment shall be given one weekly holiday of 24
hours.
(4)Healthy
and Safety
(i)The
appropriate government by notification in the Official Gazette, can make rules
for health and safety of children employed or permitted to work in any
establishment or class of establishment.
(ii)Without
any prejudice to the generality of the foregoing provisions, the rules for
health and safety may provided for all or any of the following matters namely;
Ø Cleanliness
in the place of work and its freedom from nuisance
Ø Disposal
of wastes and effluents
Ø Ventilation
and temperature
Ø Dust and
fumes
Ø Lighting
Ø Drinking
water
Ø Artificial
humidification
Ø Latrine
and urinal
Ø Spittoons
Ø Fencing
of machines
Ø Work at
or near machinery in motion
Ø Employment
of children on dangerous machines
Ø Instructions training and supervision in
relation to employment of children on
dangerou
Ø Device
for cutting off power
Ø Self-acting
machines
Ø Casing of
new machinery
Ø Floor,
stairs and means of access
Ø Pits,
sumps, opening in floors etc.
Ø Excessive
weights
Ø Protection
eyes
Ø Explosive
or inflammable dist gas etc
Ø Precaution
in case of fire; maintenance of buildings; and safety of buildings and
machinery.
2 Female Labour
Participation
of women in economic activity is common in all countries. But in developing
countries, the incomes of women labour by and large are low. Moreover, if women
have to work, she needs more protection than man in her working environment in
developing countries and in traditional occupations.
RESTRICTIONS
ON THE EMPLOYMENT OF WOMEN
(a)
Maximum daily work is 9 hours: No exemption from the provisions of Section 54
(which lays down that the maximum daily hours of work shall be nine hours) can
be granted in respect of any women.
(b)
prohibition of night work: No women shall be required or¬ allowed to work in
any factory except between the hours of 6 a.m. and 7 p.m. The State Government
may by notification in the official Gazette vary the limits for any factory or
group or class or descrip-tion of factories. But such variation must not authorise
the employ¬ -ment of women between the hours 10 p.m. and 5 a.m..
(c) Exception:
There is an
exceptional case. The
State Government may
make rules providing for the
exemption from the afore~aid restrictions (wholly or partially or conditionally)
of women working in fish-curing or fish-canning factories. In factories,
mentioned above, the employment of women beyond the hours specified is
necessary to prevent damage to or deterioration in any raw material. But such
rules shall remain in force for not more than three years at a time.
Other
restrictions: There are other restrictions on the employ¬ ment of women workers
:
1. Work on
or near machinery in motion. No woman or young person shall be allowed to
clean, lubricate or adjust any part of the machinery while the prime mover or
transmission machinery is in motion or to work between moving parts, or between
fixed and moving parts of any machinery which is in motion.-Sec. 22(2}.
2. Cotton
openers. No woman or child shall be employed in any part of a factory for
pressing cotton in which a cotton opener is at work. If the feed-end of a
cotton opener is in a room separated from the delivery-end by a partition
extending to the roof or to such height as the Inspector may in a particular
case specify in writing , women and children may be employed on the side of the
partition where the feed-end is situated.-Sec. 27
3. Excessive
weights. The State Government may make rules prescribing the maximum weights
.which may be lifted, carried. or moved by adult men, adult women, adolescents
and children employed in factories or in any class or description of factories
or in carrying on any specified process.-Sec. 34.
4. Creches.
In every factory wherein more than thirty women workers are ordinarily employed
there shall be provided and main¬ tained a suitable room or rooms for the use
of children under the age of six years of such women.-Sec. 48.
5. Dangerous
operations. The State Government is empowered to make special rules for the
purpose of controlling and regulating factories which carry on operations
exposing women, young persons and other workers to a serious risk of bodily
injury, poisoning or disease.-Sec. 87 (b).
3 Contract Labour
Ø The
contract labour is labour which is not carried on the payroll and is not directly
paid. It is usually divided into two categories.
Ø Those
employed on job contracts; and Those employed on labour contracts
Ø The large
establishments offer job contracts for such operations as the loading and
unloading of the metals by the mining industry or the construction of roads or
buildings by Public Works Department.
The Contract Labour Act, 1970.
Scope and
Coverage
The Act
came into force from 10th February 1971. It extends to the whole of India and
applies to every establishment in which twenty or more workmen are or were,
employed on any day during the preceding twelve months as contract labour, and
to every contractor
The Act
does not apply to establishments where work is of a casual (irregular or
occasional or intermittent (interrupted or non-continues) nature. The work
performed in an establishment is not considered to be of an intermittent
nature:
(i) If it is
performed for more than one hundred and twenty days in the preceding twelve
months;
(ii) It is not
of seasonal character if it is performed for more than sixty days in a year.
THE MAIN
PROVISIONS OF THE ACT
(1)
Setting Up of Advisory Boards
The Act
requires that the Central and State Advisory Boards are to be set up by the
Central and State Governments, respectively to advise them on such matters
arising out of the administration of the Act as may be refereed to them, and
carry out any other functions assigned to them under the Act. Besides, the
government nominees, the Boards havemembers representing industry, contractors,
workers, and any other interesgovernment may consider should be represented on
the Boards. The number of nominees of the workers is to be equal to that of
industry and contractors, both on the State and the Central Boards (section
3,4)
(2)
Registration of Establishment
Every
principal employer who wishes to employ contract labour has to get the
establishment is accepted for registration. the registration officer issues a
registration certificate if the establishment is accepted for registration.
This certificate can be cancelled if it has been obtained by misrepresentation
or suppression of any material fact, or if the registration has become useless
or ineffective or requires to be revoked.
The
contract labour cannot be employed so long as the registration certificate has
not been issued or after it is revoked. The employer has to play a registration
fee of twenty rupees to five hundred rupees depending on the number of workers
to be employed (Section 6, 7, 8, 9)
(3)
Prohibition of employment of Contract Labour
Both the
Central and State Governments can prohibit the employment of contract labour in
any process, operation or other work in any establishment after consulting
their Advisory Boards, and consider the conditions of work and benefits
provided for contract labour in the establishment. The employment of contract
labour may not be permitted for any process, operation and other work if it is:
(a) incidental
to or necessary for the industry, trade, business, manufacture or occupation
that is carried on in the establishment;
(b) of
perennial or perpetual nature or of a sufficient duration
(c) done
ordinarily through regular workmen in that establishment or an similar thereto:
(d) capable
of employing considerable number of wholetime workmen.
(4) Licensing of Contractors
Every
contractor has to obtain a licensing for employing contract labour from the
licensing officer appointed by the government for this purpose. In this
application for a licensing he has to mention the location of his
establishment, the nature of the operation or the work for which contract
labour is to be employed, and such other particulars as may be required by the
licensing officer. He is charged a licence fee, which may vary from fivec
rupees to one hundred and twenty five rupees, depending on the number of
workers to be employed
(5) Welfare
and Health of Contract Labour
Ø A
contractors are required to provide and maintain:
Ø A
Sufficient supply of wholesome drinking water at convenient places;
Ø A
sufficient number of latrines and urinals of the prescribed type conveniently
situated and accessible.
Washing
facilities;
A first
–aid box equipped with prescribed contents at every place where contract labour
is employed; One or more canteens if the work is to continue for more than 6
months and 100 or more workers are employed. The number of canteens, the
standard of their construction, furniture and equipment, and the type of food
to be supplied will be as prescribed under the rules framed by the government
(6)
Responsibility for payment of Wages
Ø The
contractor is also to be responsible for making regular and timely payment of
wages to his workers. The payment is to be made in the presence of the
authorized representative of the principal employer. If the contractor does not
make payment, the principal employer will do the same and recover the amount so
paid from the contractor (Section 16 to 21)
Ø Get his
establishment registered with the registering officer appointed by the
government (Section 7);
Ø Obtain a
license from the licensing officer for employing contract labour and comply
with the terms and conditions of the grant of the license (Section 12);
Ø Not to
employ contract labour without obtaining a registration certificate and
license, or after the registration certificate and license are revoked or suspended
(Section 9, 12, 1);
Ø Provide
welfare and health facilities as required under the Act and its rules (Section
16, 19);
Ø Pay wages
to workers before the expiry of the wages period (Section 21);
Ø Co-operate
with the inspectors in the inspection of premises, documents and records and
examining any person to determine if the provisions of the Act and the rules
framed there under are being complied with (Section 28);
Ø Maintain
the registers and records with such particulars of contract labour, as nature
of work performed, rates of wages and other information specified in Rules 74
and 78 of the Act (Section 29);
Ø Exhibit
in the premises of the establishment where contract labour is employed a notice
showing hours of work, rates of wages, wage periods, dates of payment of wages,
nature of duties and other particulars as mentioned in Rule 81 of the Act
(Section 29 (2)); and
Ø Send a half-yearly return to the licensing officer
and yearly return to the registration officer, and to supply such information
and statistics as may be required by the government from time to time.
(9)Rights
of Contract Labour
Ø Claim
such working conditions, facilities and other benefits as are provided for
under the Act and the rules framed there under (Section 16 to 22); and
Ø They can
be represented by their representatives on the Central and State Advisory
Boards (Section 4)
Organized
Labour and Unorganized Labour
4 Construction Labour
Construction
industry employs around three million workers and the nature of work is
considered hazardous. Large number of unskilled and semiskilled labour both
male and female is employed on various form of building operation and road
constructions.
5 Agriculture labour &Differently abled Labour
A
handicapped person is one who is having some shortcoming or infirmity which
detracts a person from being a normal human being.
Handicapped
may be divided into different categories viz.
*Physically
handicapped, *Mentally handicapped, *Socially handicapped, and *Aged persons.
Disablement Benefit
A person
who sustains disablement for not less than 3 days, in entitled to periodic
payment (at the rate of 40% more than the standard benefit rate which of `.14
or more depending upon his wages).
A person
who sustains permanent disablement whether total or partial is entitled to
periodical payment at such percentage of benefit payable in the cage of
disablement as of proportionate to the percentage of loss of earning capacity.
Various schemes for differently abled persons.
Ø Assistance
to Disabled Persons for Purchase / Fitting of Aids and Appliances (ADIP
Scheme)- External website that opens in a new window
Ø Deendayal
Disabled Rehabilitation Scheme to promote Voluntary Action for Persons with
Disabilities- External website that opens in a new window
Ø Scheme of
National Awards for Empowerment of Persons with Disabilities-External website
that opens in a new window
Ø Scheme of
National Scholarships for Persons with Disabilities- External website that
opens in a new window
Ø Scheme of
Integrated Education for the Disabled Children Scheme for providing Employment
to Persons with Disabilities in the Private Sector - Incentives to the
Employers- External website that opens in a new window
Ø Conveyance
Allowance- External website that opens in a new window
Ø Income
Tax Concessions- External website that opens in a new window
Ø Reservation
of Jobs & Other Facilities For Disabled Persons- External website that
opens in a new window
Ø Financial
Assistance to Person with Disabilities- External website that opens in a new
window
Ø Equal
Insurance Benefits- External website that opens in a new window
6 KPO &BPO Labour
Communication
and information technology industry is an important enabler in enhancing
productivity. The structure and functions of IT industries are largely
different than the conventional organizations which demand a different rule of
the game to manage effectively.
KPO and BPO in Detail
7 Social assistance Meaning of Social Assistance
Social
Assistance schemes are funded from the consolidated fund of the state rather
than from individual contributions, with statutory scales of benefit adjusted
according to a person‘s means.
Definition
According
to I.L.O define as, ―A service or scheme which provides benefits to persons of
small means as right in amounts sufficient to meet minimum standards of need
and financed from taxation‖.
Ø 1995: The
NSAP is launched with the aim of providing social assistance to destitutes
'defined as any person who has little or no regular means of subsistence from
his/her own source of income or through financial support from family members
or other sources'. The NSAP includes three components:
Ø National
Old Age Pension Scheme (NOAPS);
Ø National
Family Benefit Scheme (NFBS);
Ø National
Maternity Benefit Scheme (NMBS)
2000:
Annapurna Yojana is introduced to provide eligible beneficiaries, who were
not covered under NOAPS, 10 kg of free rice.
2001:
NMBS is transferred to the Department of Family Welfare.
2006:
Monthly pension amount for NOAPS raised from Rs. 75 to Rs. 200
2007:
The NSAP is extended to cover all individuals living below the poverty line. The
NOAPS is renamed Indira Gandhi National Old Age Pension Scheme (IGNOAPS).
2009:
The NSAP is expanded to include the Indira Gandhi National Widow Pension Scheme
(IGNWPS) - for widows aged 40–64 years - and the Indira Gandhi National
Disability Pension Scheme (IGNDPS) - for persons with multiple or severe
disabilities aged 18–64 years living below the poverty line.
2011:
Age limit for IGNOAPS is lowered from 65 to 60 years under IGNOAPS and
monthly pension amount for those 80 years and above is raised from Rs. 200 to
Rs. 500.
Age
limits for IGNWPS and IGNDPS are changed to 40-59 and 18-59, respectively.
2012:
Monthly pensions under IGNWPS and IGNDPS increased from Rs. 200 to Rs. 300. Age
limit changed to 40–79 years and 18–79 years, respectively.
2013:
Report of the Task Force on Comprehensive Social Assistance Programme submitted
to the Government of India. Recommends raising monthly pension and expanding
coverage.
8 Social security and its implications
Meaning of Social Security:
Social
Security means the security provided by the society to the needy citizens on
the principles of human dignity and social justice. Social Security Programmes
are now sincreasingly being accepted as useful and necessary instrumented for
the protection and stability of the labour force.
Definition:
According
to Friedlander define as, ―The programme of protection provided by society
against the contingencies of modern life, sickness, unemployment, old age
dependency, industrial accidents and invalidism against which the individual
cannot be exploited to protect himself and his family by his own ability for
foresight‖.
Important social security measures were introduced
by the Government
Ø Workers
Compensation Act, 1923
Ø Employees
State Insurance Act, 1948
Ø Maternity
Benefits Act – By State and Central Gover nment
Ø Coal
Mines Provident Fund and Bonus Act, 1948
Ø Employees
Provident Fund Act, 1952
Ø Family
Pension Schemes, 1971
Ø Payment
of Gratuity Act, 1952
Ø Deposit
Linked Insurance Scheme
Ø Social
Security Certificate Scheme, 1982
Social Insurance
Definition:
―Giving
in return for contribution, benefits upon subsistence level as if right and
without means tests so that an individual may build freely upon it. Thus social
insurance implies that it is compulsory and that men stand together with their
follows‖.
The Principle Elements of Social Insurance
Ø Participation
is compulsory with few exceptions.
Ø Contributions
are accumulated in special funds out of which benefits are paid.
Ø Surplus
funds, not needed to pay current benefits are invested to earn further income.
Ø A
person‘s right to benefit is secured by his contribution record without any
list of need or means.
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