Welfare of Special Categories of Labour

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.