LABOUR WELFARE & INDUSTRIAL SAFETY

INTRODUCTION

Welfare means well -being, betterment or satisfaction of the member of the society by
introducing activities like facilities for education of the children, recreation, cultural
activities, etc.
‘All such activities introduced by the Employer, Govt., Trade Unions as well as voluntary
agencies for the benefits of the employees and their family members over the law customs
and traditions for their socio- economic and cultural development.
 OBJECTIVES OF LABOUR WELFARE

1. To provide better life and health to the workers.

2. To make the workers happy and satisfied.
3. To relieve workers from industrial fatigue and to improve intellectual, cultural and
material conditions of living of the workers
CLASSIFICATION OF LABOUR WELFARE FACILITIES

1. Statutory Welfare Provisions

Washing facility
Facility for storing and drying clothes
Facilities for sitting
First aid appliances (150 workers)
Canteen (250 workers)
 Shelters, Rest rooms and Lunch rooms (150 workers)
Crèches (30 woman workers)
Welfare Officers (500 workers)

2. Voluntary Welfare Amenities :

i) Educational Facilities
ii) Transport Facilities
iii) Recreational Facilities
iv) Other Facilities

3. Intra-Mural Activities :

i. Latrines and urinals

ii. Washing and bathing facilities
iii. Creches
iv. Rest-rooms, shelter and canteen
v. Arrangement for drinking water
vi. Health service including occupational safety
vii. First-aid box and ambulance room
viii. Uniforms, safety shoes protective safety equipment like goggle, shields, helmets, etc.
ix. Provision for paid leaves, holidays, weekly off, etc. The above activities
are ‘Statutory’ welfare activities.

4. Extra-Mural Activities: (Voluntary)

i. Provision for to and fro transport from work place.

ii. Education facilities for employees’ children
iii. Housing
iv. Community development activities
v. Recreational facilities
vi. Sports and cultural activities
vii. Consumer’s cooperative society/cooperative credit society/fair price shops
viii. Holiday home
ix. Medical facilities including family planning and child welfare
x. Vocational training for dependents of workers
xi. Welfare programme for women, youth and children

Mutual Welfare:

i. Workers cooperative banks

ii. Celebration of festivals
iii. Reading rooms/library
iv. Legal Help
v. Course for women in sewing, embroidery, typewriting
vi. Funds for contingencies like retirement, death unemployment, sickness
vii. Social and cultural gatherings
viii. Arrangement of in-door and outdoor sports
ix. Dispensaries for workers/members of the unions

PRINCIPLES / APPROACHES TO LABOUR WELFARE

i) Adequacy of wages
ii) Social responsibility of Industry
iii) Efficiency
iv) Totality of welfare
v) Co-ordination of Integration
vi) Responsibility
vii) Accountability/Evaluation
viii) Timeliness

THEORIES OF LABOUR WELFARE

1. The Police Theory

2. The Religious Theory
3. The Philanthropic Theory
4. The Trusteeship Theory
5. The Placating Theory
6. The Public Relation Theory
7. The Functional Theory

HISTORY OF LABOUR WELFARE IN INDIA

1. Factory Commission, 1875

2. The Indian Factories Act, 1881
3. The Mulock Commission, 1884
4. First World-War 1914
5. International Labour Organization 1919 (I.L.O.)
6. The Royal Commission on Labour, 1929
7. The Factories Act, 1934
8. Second World War/Labour Investigations Committee, 1944
9. Rage Committee, 1944 and The Factories Act, 1948
10. The Constitution of India, 1951

Social Security: Concept and Evolution

1. The Employees’ State Insurance Act, 1948

2. The Employees’ Provident Funds and Miscellaneous Act, 1952
3. Employees’ Family Pension Scheme, 1971
4. The Employees’ Deposit-Linked Insurance Scheme, 1976
5. The Maternity Benefit Act, 1961
6. The Payment of Gratuity Act, 1972
 LABOUR WELFARE & THE INDIAN CONSTITUTION
Labour welfare
•According to The Committee on Labour Welfare,1969, “labour welfare includes such
services, as facilities and amenities as adequate canteen, restand recreational facilities,
sanitary and medical facilities, arrangement for travel to and from work and for the
accommodation of the workers employe data distance from their homes and such other
services amenities and facilities as contribute to improve the condition under which
workers are employed.”
•The concept of labour welfare is a condition of well being, happiness, satisfaction,
conservation and development of human resource.

Origin of Labour welfare in India

•The abolition of slavery in 1833, Labour welfare activities arose in colonial India. British
colonies started importing Indian labours.

•Labour welfare in colonial India–

•The Apprentices Act of 1850

•The Fatal Accidents Act of 1853

•The International Labour Organization(ILO)

•The Factories Act 1948

Provisions relating to labour welfare under Indian Constitution

•Labour as a subject falls in the Union and Concurrent list of 7th Schedule of Constitution of
India.

•UnionList
•EntryNo.55-Regulation of labour and safety in mine sand oil fields

•EntryNo.61-Industrial disputes concerning Union employees

•EntryNo.65-Union agencies and institutions for "Vocational...training..."

Concurrent List

•EntryNo.22-Trade Unions; industrial and labour disputes.

•EntryNo.23-Social Security and insurance, employment and unemployment.

•EntryNo.24-Welfare of labour including conditions of work, provident funds, employers’

invalidity and old age pension and maternity

FUNDAMENTAL RIGHTS

•Article19(1)(c)- to form associations or unions;

•Article23-Prohibition of traffic in human beings and forced labour

•Article24-Prohibition of employment of children in factories,etc.

DIRECTIVE PRINCIPLES OF STATE POLICY

•Article39-Adequate means of livelihood, equal pay for equal work, health and strength of
workers etc.

•Article41:Right to work, to education and to public assistance in certain cases.

•Article42:Provision for just and human econditions of work and maternity relief.

•Article43:Living wage, etc., for workers.

•Article43-A: Participation of workers in management of industries.

Judicial pronouncements on Labour welfare

Randhir Singh v. Union of India, AIR 1982 SC 879

The principle of ‘equal pay for equal work’, which meant equal pay for everyone irrespective
of sex, was deducible from preamble and Articles14, 16 and 39(d) of the Constitution.

D.S. Nakara v. Union of India,1983 SCR(2) 165

The State shall strive to minimize the inequalities in income and endeavor to eliminate in
equalities in status, facilities and opportunities.
State of Punjab v. Jagjit Singh(2016)
Where it held that temporarily engaged employees (daily wage employees, ad‐hoc
appointed on casual basis, contractual employees and the like), are entitled to minimum of
the regular payscale, along with dearness allowance (as revised from time to time) on
account of their performing ameduties, which are discharged by those engaged on regular
basis, against anctioned posts.
Role of International Organization with reference to labor laws

•It was established in the year 1919.

•It is a Tripartite body.

•it is a beacon light for the change of social justice and social security.

•The I.L.O passes many Conventions and Recommendations on different subjects like Social
Security, Basic Human Rights, Welfare Measures and Collective Bargaining.

•Article1 states that “A permanent organization is hereby established for the promotion
of the objectives setforth in the preamble to this constitution”.

Objectives of the International Labour Organisation

•Full employment and there vising of standards of living, according to their skills

•Facilities for training and the transfer of labour, including migration for employment and
settlement.
•Policies in regard to wages and earning forms and other

•Conditions of work and minimum living wage to all.

•Right of collective bargaining.

•The extension of social security measures to provide a basic income to all in need of such
protection and comprehensive medical care.

•Adequate protection for the life and health of workers in all occupations.

•Provision for child welfare and maternity protection.

Relationship between India and I.L.O

•India became member in 1919.

•Article 253 of the Indian Constitution expressly provides for ratification.

•Article 253 states that “not withstanding anything in the foregoing provisions of this
chapter, Parliament has power to make any law for the whole or any part of the
territory of India for implementing any treaty, agreement or convention with anyother
decisions made at any international conference association or other body”.

•Article 13 of Indian Constitution.

•Out of Total 185 conventions passed by ILO, India has ratified 45 conventions.
https://labour.gov.in/lcandilasdivision/india-ilo

Fundamental/Core Conventions passed by ILO & Indian position to these

conventions

1. Forced Labour Convention(No.29)

2. Abolition of Forced Labour Convention(No.105)

3. Equal Remuneration Convention(No.100)

4. Discrimination (Employment Occupation) Convention(No.111)

5. Worst forms of Child Labour Convention(No.182)

6. Freedom of Association and Protection of Right to Organized Convention(No.87)

7. Right to Organize and Collective Bargaining Convention(No.98)

8. Minimum Age Convention(No.138)

1. ForcedLabourConvention(No.29)

•Adopted in Geneva during 14th ILC session(28Jun1930).

•Came into force on 1stMay,1932.
•Suppress the use of forced or compulsory labour in all its forms.
•Ratified by India on30/11/1954

2. AbolitionofForcedLabourConvention(No.105)

•Adopted in Geneva, 40th ILC session(25Jun1957).

•Came into force on 17th January,1959.
•to take effective measures to secure the immediate and complete abolition of forced or
compulsory labour.
•Ratified by India on18/05/2000

3. EqualRemunerationConvention(No.100)

•Geneva, 34th ILC session(29Jun1951).

•Came into force on 23rdMay1953.
•To provide equal remuneration for men and women workers for work of equal value.
•Ratified by India on 25thSeptember,1958
 4. Discrimination (Employment Occupation) Convention(No.111)

•Geneva, 42nd ILC session(25Jun1958).

•Came into force on15th June,1960.
•Provides for any distinction, exclusion or preference made on the basis of race, colour, sex,
religion, political opinion, national extraction or social origin, which has the effect of
nullifying or impairing equality of opportunity or treatment in employment or occupation.
•Ratified by India on 3rdJune,1960.

5. Worst forms of Child Labour Convention(No.182)

•Geneva ,87th ILC session(17Jun1999).

•Came into force on19th November,2000.
•to secure the prohibition and elimination of the worst forms of child labour as a matter of
urgency.
•Ratified by India on13th June,2017.

6. MinimumAgeConvention(No.138)

•Geneva, 58th ILC session(26Jun1973).

•Came into force on19th June,1976.
•Guarantee that the minimum age of entry to any type of employment or work, which is
likely to compromise health, safety of morals of young persons shall not be less than18
years.
•Ratified by India on 13th June,2017.

7. Freedom of Association and Protection of Right to Organized

Convention(No.87)
8. Right to Organize and Collective Bargaining Convention(No.98).

These two conventions are not ratified by India.

Doctrines of Labour welfare

1.Religious Theory

•This theory is based upon two elements i.e. investment and atonement for welfare of
workers.

•concept of investment says benefit of today’s work will be reaped tomorrow.

•Atonement says existing disabilities of individual are because of sins committed by him in
past. Hence employer provides benefits to the workers.

2.Philanthropic Theory

•According to this theory the company provides good quality working conditions, creches,
restrooms, canteen etc.

3.Paternalistic/Trusteeship Theory

•It says labour is not able to look after them, hence the employer provides various benefits
and facilities for their well being.

4.Policing Theory

•It says welfare is legal or statutory responsibility of employer. He is compelled to provide

minimum available facilities.

•State acts as policemen to protect rights of labours.

5.Placating Theory

•In this theory, management endorse welfare measures not as charity but as rewards.

•It states that it is a right of workers to get associated and demand their rights.

6.Effective/Functional Theory
•It says facilities and welfare is provided to workers to make them efficient and more
productive. Ultimately it helps employers in receiving extra benefits.

7.PublicRelation Theory

•Welfare facilities are provided to make good image in public and in the mind of workers.

8.Social Theory

•It says facilities shall be provided to workers to improve environment and condition of
society. Industries have social responsibility.

UNIT – 2

THE INTERNATIONAL LABOUR ORGANIZATION

HISTORY
 Created in 1919, as part of the Treaty of Versailles
 Commission of International Labour Legislation (9 countries): Belgium, Cuba,
Czechoslovakia, France, Italy, Japan, Poland, the United Kingdom and the
United States.
WHY?
 Preamble of the ILO CONSTITUTION (1919)
 lasting universal peace can be established only if it is based upon social
justice
 (it was) urgent to improve the working conditions of large numbers of
people, as injustice, hardship and privation produced such unrest that the
peace and harmony of the world were imperilled
 The failure of any nation to adopt humane conditions of labour is an obstacle
in the way of other nations which desire to improve the conditions in their
own countries.
DECLARATION OF PHILADELPHIA (1944)
“All human beings, irrespective of race, creed or sex, have the right to pursue both
their material well-being and their spiritual development in conditions of freedom and
dignity, of economic security and equal opportunity".
What is the ILO?
 An Intergovernmental body
 Is is a specialised agency “associated” to the UN
 Up to 1945: all UN members were also ILO Members automatically
 After 1945: UN members must to accept ILO constitution
 Not UN member must to be accepted by qualified majority of the ILO
Conference

WHAT IS NOT?
 IT IS NOT A SUPRANATIONAL ENTITY
 It may not impose obligations on Member States...
 ...unless they have voluntarely agreed to them!

The Only Tripartite Specialized Agency

 181 Members
 All decisions on tripartite basis
 Each country represented by
 Government representatives
 Most representative organization of workers
 Most representative organization of employers

Principle of Tripartism
 Active interaction among the governments, workers and employers as
representative, equal and independent social partners.
 Representatives of workers and employers to participate on an equal footing with
those of governments in all discussions and decision-making.
ILO Structure
 International Labour Conference
 Governing Body
 International Labour Office

INTERNATIONAL LABOUR CONFERENCE

 STRUCTURE

Annual – over 4,000 delegates

Each country represented by 2 Govt, 1 Workers, 1 Employers (A RIGHT PROPORTION?)

 FUNCTIONS

Adoption of International standards

Supervision of the application of ratified conventions
Examination of the report of the Director General

GOVERNING BODY
 STRUCTURE

56 members:
28 Govts (10 permanent), 14 Workers, 14 Employers (PROBLEM OF REPRESENTATIVITY)

 FUNCTIONS

Set the agenda of the ILC

Select the Director General of the ILO
Draw up the programme and the budget of the Organization
INTERNATIONAL LABOUR OFFICE
 Structure
 Permanent Secretariat of the Organization
 More than 1000 “independent”officials (100 countries)
 Functions
 To Collect and disseminate information on Labour
 To carry out studies
 To execute technical co-operation
 To publish studies and reviews
 To provide secretariat for meetings

MEANS OF ACTION
 SETTING OF LABOUR STANDARDS
 Conventions, Recommandations, but also resolutions, and guidelines
 TECHNICAL CO-OPERATION
 To lend organizational and financial support to developing countries
 RESEARCH AND DISSEMINATION OF INFORMATION

ILS Forms
 CONVENTIONS (187 as of today)
 are international treaties;
 when ratified, are legally binding;
 if not ratified, could represent legal objectives and influence national
legislation;
 are technical or promotional.
 RECOMMENDATIONS (195 as of today)
 are not open to ratification;
 are not legally binding;
 provide guidelines on national policy and practice.
ILS CHARACTERISTICS
Universality
Flexibility
Tripartism
Realism
CORE LABOUR STANDARDS
 Freedom of association and the effective recognition of the right to collective
bargaining
 Elimination of all forms of forced or compulsory labour
 Effective abolition of child labour
 Elimination of discrimination in respect of employment and occupation.

(Declaration of Fundamental Principles and Rights, 1998)

SUBMISSION
 Obligation to submit all Conventions and Recommendations to the competent
national authorities, in the 12 months or, exceptionally, 18 months following the
adoption (art. 19 ILO Constitution)
 Obligation to inform the Director-General on the measures taken to submit the
instruments (art. 19 ILO Constitution)
 Obligation to send copies of the information on submission to the most
representative workers’ and employers’ organizations (art. 23 ILO Constitution)

RATIFICATION
 Formal commitment by a member State to be bound by the provisions of a
Convention under international law
 Political decision, cannot involve reservations
 Consequences:
 implementation of the Convention, both in law and in practice
 exposure to supervisory mechanisms
Core Labour Standards
Widely Ratified
 123 countries ratified all 8 CLS, 19 have ratified 7, etc. (November 2006)
 Some 7,600 ratifications in all
 Ongoing ratification campaign: letters, Conference discussions, assistance

International Labour Standards as

 Models and targets for labour law
 Sources of International law applied at the national level
 Guidelines for social policy
 Other areas of influence

Keeping in mind that...

LABOUR IS NOT A COMMODITY !