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UNIT V

WELFARE OF SPECIAL CATEGORIES OF LABOUR

CHILD LABOUR:
A child means a person who has not completed his
15th year of age.
An adoloscent means who has completed his 15th
year of age and has not completed his 18th year of
age.
1. No child who has not completed his 14th year shall
be permitted to work in factory.
2. Non- Adult workers to carry tokens:
A child who has completed his 14th year or an
adolescent may be allowed to work in a factory if
a. A certificate of fitness to such work is in the
custody of the manager of the factory.
b. such child or adoloscent carries, while he is
at work , a token giving reference to such certificate.

3. Child workers entitled to weekly holidays.


4. Prohibition if the child worker has already
been working in another factory.
5. Female child to work only between 8 A.M
and 5 P.M
6. Display of notice of child workers.
7. Fixation of periods of work beforehand.

Working Hours For Children:


No child shall be allowed to work in any factory
a) For more than four and a half hours a day
b) During Night shift.
Generally the working hours of children shall be
limited to two shifts which shall not overlap or spread
over more than five hours each.
INFORMATION REGARDING REGISTER AND HOURS
OF WORK:
The factories Act insists every manager of a
factory to maintain a register of child workers
showing

a) Name
b) The nature of work
c) The group in which the worker is included
d) The relay to which he is allotted and
e) The number of his certificate of fitness.
Children will not be employed in any factory
otherwise than in accordance with the notice of
periods of work of children displayed in the factory
and the entries made beforehand against his name
in the register of child workers of the factory.

MEDICAL EXAMINATION:
Supposing an inspector is of the opinion
a) The person working in afactory without a
certificate of fitness is a young person.
b) that the young person working in a factory
with a certificate of fitness is no longer fit to work
in the capacity stated in the certificate , and that
such a person shall not be employed or permitted
to work in the factory until he has been examined
and granted a certificate of fitness or a fresh
certificate of fitness.

FEMALE LABOUR:
All the provisions of the Factories Act regarding
employment of adult male workers apply to adult
female workers except the following provisions:
1. Work on or near machinery in motion
2. Prohibition of employment near cotton openers.
3.Creches has to provided for their childern
4. A woman shall not be permitted to work for
more than 48 hours in any week or 9 hours in a day.
5. A woman shall be allowed to work only between
6 a.m and 7 p.m.

6. Certificate of fitness should be granted to


female adoloscent.
7. Prohibition of employment of women in the
dangerous operation.

CONTRACT LABOUR:
The Contract Labour Act came into force on
10.2.1971. This Act aims at regulating the
employment of contract labour in certain
establishments and providing for its abolition in
certain circumstances.
1. Extent of the Act:
This Act is applicable to any establishment with
not less than 20 workmen or any contractor who
employs not less than 20 workmen.
2. APPLICABILITY:
The following three categories of persons are
preculded for the coverage of the act.

i. Persons employed in managerial or administering


capacity, or
ii. Persons employed in a supervisory capacity or
drawing a scale of more than Rs.500p.m.
iii. An outworker who is given raw materials for doing
in his work.
3. APPROPRIATE GOVERNMENT MEANS:
The concerned government under the
Industrial Disputes Act, 1947 is the i) central
government ii) in relation to any other
establishment, the government of the state in
which that other establishment is situated.

4. Contract Labour:
A workman becomes a contact labour in or
connection with the work of an establishment when he
is hired in or in connection with or without the
knowledge of the employer.
5. Contractor:
The term contractor refers to a person who
undertakes to produce a given result for the
establishment, other than a mere supply of goods or
articles of manufacture to such establishment through
contract labour for any work or the establishment and
include a sub contraction.

6. ESTABLISHMENT:
i. Any office or department of the government or
local authority or
ii. Any place where any industry, trade, business,
manufacture or occupation is carried on principal
employer.
7. Workman;
Workman means any person employed in or in
connection with the work of any establishment to
do any skilled, semi skilled or unskilled,
manual, supervisory, technical or clerical work for
hire of reward.

8. CENTRAL ADVISORY BOARD:


The Central government has constituted an
Advisory contract Labour Board consisting of a
chairman, Chief Labour Commisioner, and nearly
11 to 17 government nominees.
9. PROHIBITION OF CONTRACT LABOUR:
The terms and conditions of work.
The facilities offered to the contract labour.
The importance of process for the industry.
The continuous nature of work.
Is it sufficient to employ considerable number of
whole workmen.

Welfare and Health of contract


labour:
Drinking water at convenient place
Latrines and urinals
Washing facilities
First aid box
Canteen ( work continue for more
than 6 months and 100 or more
workers employed)

Responsibility for payment of wages


Rights of contract labour
Claim such working conditions, facilities
and other benefits as are provided for
under the act
They can be represented by their
representatives on the central and state
advisory boards

AGRICULTURAL LABOUR:
Classification of Agricultural Labourers :
Agricultural labourers can be divided into
four categories 1. Landless Labourers, who are attached to
the land lords;
2. Landless labourers, who are personally
independent, but who work exclusively for others;

3. Petty farmers with tiny bits of land who


devote most of their time working for others and
4. Farmers who have economic holdings but
who have one or more of their sons and
dependants working for other prosperous farmers.
The first group of labourers have been more
or less in the position of serfs or slaves, they are
also known as bonded labourers.

Agricultural labourers can also be divided


in the following manner :
1. Landless agricultural labourers
2. Very small cultivators whose main source
of earnings due to their small and sub-marginal
holdings is wage employment
Landless labourers in turn can be classified
into two broad categories :
1. Permanent Labourers attached to
cultivating households.

2. Casual Labourers.
The second group can again be divided into
three subgroups :
(i) Cultivators
(ii) Share croppers
(iii) Lease holders.
Characteristics of Agricultural Labourers:
1. Agricultural Labourers are Scattered.
2. Agricultural Labourers are Unskilled and
Lack Training

3. Unorganised Sector
4. Low Social Status
5. Less Bargaining Power
6. At the Bidding of the Landlord
Causes for the Growth of Agricultural
Labourers :
1. Increase in population
2. Decline of cottage industries and handicrafts

3. Eviction of small farmers and tenants from


land
4. Uneconomic Holdings
5. Increase in indebtedness
6. Spread of the use of money and exchange
system
7. Capitalistic Agriculture
8. Displacement of means of subsidiary
occupations.

Measures taken by the Government to


improve the Conditions of Agricultural
Labourers :
The Government has shown awareness of
the problems of agricultural workers and all plan
documents have suggested ways and means to
ameliorate the lot of these people. Measures
adopted by the Government for ameliorating the
economic conditions of Agricultural labourers are
1.
2.
3.
4.

Passing of minimum wage Act.


Abolition of Bonded Labourers
Providing land to landless labourers
Provision of Housing cities to houseless

Agricultural Labours :
The following suggestions can be made for
the improvement of the socio-economic position
of the agricultural labourers :
1. Better implementation of legislative
measures.
2. Improvement the bargaining position.
3. Resettlement of agricultural workers
4. Creating alternative sources of employment
5. Protection of women and child labourers
6. Public works programmes should be for
longer period in year
7. Improving the working conditions

8. Regulation of hours of work


9. Improvements in Agricultural sector
10. Credit at cheaper rates of interest on easy
terms of payment for undertaking subsidiary
occupation.
11. Proper training for improving the skill of
farm labourers
12. Cooperative farming

Plantation Act:
Facilities to be afforded to Inspectors
Certifying surgeons
Drinking water
Conservancy
Medical Facilities
Canteens
Creches
Recreational Facilities
Educational Facilities
Housing Facilities

Power to make rules relating to hous


ing
Liability or Employer in respect or a
ccidents resulting from collapse of h
ouses provided by him
Welfare Officers

18A Chief Inspector to provide f


acilities on default by empo
yer
19 Weekly Hours
20 Weekly Holidays
21 Daily Intervals for rest
22 Spread-Over
23 Notice of period of work
Prohibition of employment
of young children
Night work for women and
25
children
Nonadult workers to carry
26
to tokens
24

Provision regarding leave with wages


Annual leave with wages

Wages during leave period


Sickness and maternity benefits
Provisions regarding penalties and
procedure

CONSTRUCTIONLABOUR:
Thelawsrelatedtoconstructionlabourareasgivenbelow
TheBuilding&OtherConstructionWorkers(Regulationof
EmploymentandConditionsofService)Act,1996;and
TheBuilding&OtherConstructionWorkersWelfareCessAct,
1996.

SomeoftheothermainprovisionsoftheMainActaregiven
below:
1.ProvisionforanAdvisoryCommitteeattheCentralandthe
StatelevelswiththefunctiontoadvisetheGovernments
concerned on such matters arising out of the
administration of the Act as may be referred to it.
2.Provision for registration of each establishment
within a period of sixty days from the commencement of
work to ensure that there are no malpractices and to
discourage non-compliance of law by circumventing.
3.Provision for registration of building workers as
beneficiaries under this Act.

4. Provision for constitution a Building and Other


Construction Workers Welfare Board by every State
Government to exercise the powers conferred on, and
perform the functions assigned to it, under the Act.
5.Provision for immediate assistance in case of
accidents, old age pension, loans for construction of
house, premia for group insurance, financial
assistance for education, to meet medical expenses,
maternity benefits etc.
6. Provision for health and safety measures for the
construction workers in conformity with ILO
convention No.167 concerning safety and health in
construction revising the Safety Provisions (Building)
Convention, 1937. For this purpose comprehensive
Central Rules i.e. Building and other Construction

Workers (Regulation of Service and Conditions of Service)


Central Rules, 1998 have been notified by the Central
Government.
7.Provision for constitution of safety committees in every
establishment employing 500 or more workers with equal
representation from workers and employers in addition to
appointment of safety officers qualified in the field.
8.Provision for Penalties of fine and imprisonment for
violation and contravention of the Act

REGISTRATION OF BUILDING WORKERS AS


BENEFICIARIES
11.
12.
13.
14.
15.
16.
17.

Beneficiaries of the Fund.


Registration of building workers as beneficiaries.
Identity cards.
Cessation as a beneficiary.
Register of beneficiaries.
Contribution of buildings workers.
Effect of nonpayment of contribution.

HOURS OF WORK, WELFARE MEASURES AND OTHER


CONDITIONS OF SERVICE OF BUILDING WORKERS
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.

Fixing hours for normal working day, etc.


Wages for overtime work.
Maintenance of registers and records.
Prohibition of employment of certain persons in
certain buildings or other construction work.
Drinking water.
Latrines and urinals.
Accommodation.
Crches
First-aid
Canteens
Safety Committee and safety officers.

SAFETY AND HEALTH MEASURES:


39. Notice of certain accidents.
40. Power of appropriate Government to make rules
for the safety and health of buildings workers.
41. Framing of model rules for safety measures.
SPECIAL PROVISIONS:
44. Responsibility of employers.
45.Responsibility for payment of wages and
compensation.
46.Notice of commencement of building or other
construction work.

Differently abled person


Assistance to Disabled Persons for
Purchase / Fitting of Aids and Appliances
(ADIP Scheme) Deendayal Disabled Rehabilitation
Scheme to promote Voluntary Action for
Persons with Disabilities Scheme of National Awards for
Empowerment of Persons with Disabilities Scheme of National Scholarships for
Persons with Disabilities-

Scheme of Integrated Education for the


Disabled Children
Scheme for providing Employment to
Persons with Disabilities in the Private
Sector - Incentives to the Employers Conveyance Allowance
Income Tax Concessions Reservation of Jobs & Other Facilities For
Disabled Persons
Financial Assistance to Person with
Disabilities
Equal Insurance Benefits

SOCIAL SECURITY:
According to definition given in the ILO
Publication Social security is the security that
soceity furnishes through appropriate organization
against certain risks to which its members are
exposed. These risks are essentially contingencies
in life which the individual of small means cannot
effectively provide by his own ability , or foresight
alone or even in private combination with his
fellows.

Objectives of Social Security:


1. Compensation.
2. Restoration and
3. Prevention.
Compensation:
Compensation ensures security of income. It is
based on this consideration that the period of
contingencies of risks, the individual and his/her
family should not be subjected to a double
calamity.
Restoration:
It connotates cure of ones sickness reemployment
so as to restore him/her to earlier condition. In a
sense it is an extension of compensation.

Prevention:
These measures imply to avoid the loss of productive
capacity due to sickness, unemployment or
invalidity to earn income.
SCOPE:
According to Social Security Convention ( NO.102)
adopted by the I.L.O in 1952 , the following are the
nine components of social security that configure
its scope:
i. Medical care
ii. Sickness Benefit.]
iii. Unemployment benefit
iv. Old Age benefit.

v. Employment injury benefit.


vi. Family benefit.
Vii. Maternity benefit.
Viii Invalidity Benefit and
Ix Survivors benefit.
TYPES OF SOCIAL SECURITY:
All social security measures provided by the
government are of two types:
1. Social Assistance
2. Social Insurance

SOCIAL ASSISTANCE:
Social Assistance refers to the assistance rendered
by the government to the needy persons without asking
them to make contributions to be entitled to get such
assistance.
SOCIAL INSURANCE:
Social Insurance refers to a scheme of maintaining
fund from the contributions made by thr employees and
employer , with or without subsidy from the employer.

SOCIAL SECURITY LEGISLATIONS IN INDIA:


1. The Workmens Compensation Act, 1923.
2. The Employees State Insurance Act, 1948
3. The Employees Provident Fund Act , 1952.
4. The Maternity Benefit Act, 1952.
5. The Payment of Gratitude Act , 1962.

The Employees State Insurance Act, 1948 (ESI Act)


which covers factories and establishments with 10 or
more employees and provides for comprehensive
medical care to the employees and their families as
well as cash benefits during sickness and maternity,
and monthly payments in case of death or
disablement.
The Employees Provident Funds & Miscellaneous
Provisions Act, 1952 (EPF & MP Act) which applies to
specific scheduled factories and establishments
employing 20 or more employees and ensures terminal
benefits to provident fund, superannuation pension,
and family pension in case of death during service.
Separate laws exist for similar benefits for the workers
in the coal mines and tea plantations.

The Workmens Compensation Act, 1923 (WC Act),


which requires payment of compensation to the
workman or his family in cases of employment related
injuries resulting in death or disability.
The Maternity Benefit Act, 1961 (M.B. Act), which
provides for 12 weeks wages during maternity as
well as paid leave in certain other related
contingencies.
The Payment of Gratuity Act, 1972 (P.G. Act), which
provides 15 days wages for each year of service to
employees who have worked for five years or more
in establishments having a minimum of 10 workers.

NEW INITIATIVES

The various Central Acts on Social Security are


being examined in the light of the recommendations of
the 2nd National Commission on Labour. Relevant
amendments are proposed in the EPF and MP Act as also
the ESI Act. The consultation process is on with reference
to the amendment suggestions received in case of the
Maternity Benefit Act and the Workmens Compensation
Act.

Innovative measures are proposed in the running


of the Social Security Schemes of EPFO and ESIC. This
includes flexible benefit schemes tailored to the specific
requirements of different segments of the population.

SOCIAL SECURITY SCHEMES FOR


UNORGANISED WORKERS

Indira Gandhi National old Age pension Scheme


National Family Benefit Scheme
Janani Suraksha yojana
Handloom weavers comprehensive welfare
scheme
Handicraft Artisanas Comprehensive welfare
Scheme
Pension to Master craft persons
National Scheme for welfare of fishermen and
training and extension
Janshree Bima Yojana
Aam Admi Bina Yojana
Rashtriya swasthya Bima Yojana

Social Assistance
Girl Child Protection Scheme (GCPS)
Swarnajayanti Grama Swarojgar
Jana (SGSJ)
National Social Assistance Program
(NSAP)
(i)National Old Age Pension Scheme
(ii) National Family Benefit Scheme
(iii) National Maternity Benefit Scheme

National Rural Health


Mission:

Child Health Care Services


Urban Health Services
Sub-Center Untied Funds
Village Level Health and
Sanitation Committees
Preconception and Prenatal
Diagnostic Techniques
(PC&PNDT)