Professional Documents
Culture Documents
By
Santosh Bagwe
And
Ameya Kajrolkar
Labour Welfare and Social Security
A) Labour Welfare
B) Social Security
1) Apprenticeship Training
2) The Workmen’s Compensation Act, 1923
3) The Employee’s State Insurance Act, 1948
4) The Employee’s Provident Funds and Miscellaneous Provisions Act, 1952
5) The Maternity Benefit Act, 1961
6) The Payment of Gratuity Act, 1972
Philosophy of Labour Welfare
Definition
“Anything done for the intellectual, physical, moral and economic betterment of the workers,
whether by employers, by Government or by other agencies, over and above what is laid down by
law or what is normally expected as part of the contractual benefits for which the workers may have
bargained.”
“It covers all the efforts which employers make for the benefit of their employees, over and above
the minimum standards of working conditions fixed by Factories Act and over and above the
provisions of the social legislations providing against accident, old age, unemployment and sickness.”
Scope
a) Welfare amenities within the precincts of the establishment: Latrines, urinals, washing and
bathing facilities, crèches, rest shelters and canteens, drinking water, uniform, protective
clothing and shift allowances
b) Welfare amenities outside the establishment: Maternity Benefits, social insurance measures like
gratuity, pension, provident fund and rehabilitation, medical facilities, education facilities
Principles
First Aid
1) Obligation of employer to provide and maintain first-aid box and medical appliances
2) No. of boxes: Not less than one for every 150 workers
3) Should be kept in charge of a separate responsible person who holds a certificate in first aid
treatment recognized by State government
4) In case of more than 500 workers, an ambulance room of the prescribed size and containing
prescribed equipment is to be provided under the charge of qualified medical and nursing staff,
1) Obligation of employer employing 150 workers to provide adequate and suitable shelters or rest
rooms and lunch room with provision of drinking water.
2) For mining industry, it must be provided for mine having more than 50 workers.
Canteen
1) Obligation of employer employing 250 workers to provide canteen as per approved plan by
Factory Inspections having dining hall, kitchen, store rook, pantry and washing place.
b) Run by Contractors
Crèche
1) Setting up of crèches in every factory wherein more than 30 women workers are employers for
the use of children under the age of 6 years
2) The rooms must be adequately lighted and ventilated and under the charge of women trained in
the care of children and infants.
4) The mother of a child should be allowed two intervals of at least 15 minutes each to feed the
child.
5) For children above 2 years, wholesome refreshment be provided by employers.
Welfare Officer
1) Employer should appoint welfare officer having more than 500 workers in every factory.
2) Qualification:
ii) Counseling workers in personal, family problems and in adjusting to work environment
iii) Advising management in formulating labour welfare policies and training programs
iv) Maintaining liaison with workers, management and with other outside agencies
v) Suggesting measures for promotion of harmonious industrial relations and general well-
being of the workers by adopting various measures in plant for the redressal of
grievances,
Voluntary Welfare Provisions
Educational Facilities
Medical Facilities
Transport Facilities
Recreational Facilities
Housing Facilities
3) The Iron Ore and Manganese Ore Mines Labour Welfare Fund
5) U.P. (Sugar & Power Alcohol) Industries Labour Welfare and Development Fund
1) Recreation: Entertainment such as drama, cinema, cultural program; Games and sports and
physical Cultures
2) Community and Social Education: Reading rooms, library, study facility, exhibitions, book
bank, scholarship facility
4) Special Programs: For Women such as vocational classes, employment oriented training
program; For children such as Shishu mandir, outing, mid day meal
Industrial Safety
4) Hoists and lists are to be of good mechanical construction and to be thoroughly examined by
a competent person at least in every period of 6 months
5) Special care is to be taken for protection of eyes from particles or fragments thrown off in
the course of manufacturing
Safety Officer
1) Appointment of Safety Officer wherein more than 1000 workers are employer or state
government directs to appoint safety officer
a) To formulate safety procedure, safety policy and assess critically the safety
requirements
1) Set up in March, 1966 as a voluntary, non-profit making body representing the Government,
Employees and Trade Union representative
2) Services:
d) Educational services: through posters, mini posters, safety calendars, national safety day,
national contest
Industrial Health
a) Cleanliness
e) Artificial Humidification
f) Overcrowding
g) Lighting
h) Drinking water
j) Spittoons
2) He should have good experience in general practice, some special knowledge of the
treatment of injuries and an interest in occupational hazards.
3) Responsibilities
Occupational Hazards
1) Physical Hazards: Heat, Light, Noise and Vibration, Ultra Violet Radiation and Ionizing
Radiation
3) Biological Hazards
4) Mechanical Hazards
5) Psychological Hazards
Occupational Diseases
1) Lead poisoning
2) Phosphorus poisoning
3) Mercury poisoning
4) Manganese poisoning
5) Anthrax
6) Silicosis
7) Asbestosis
9) Telegraphists Cramps
11) Byssionosts
Certifying Surgeon
3) Duties:
3) Helping the government in its fight against inflation by active efforts aimed at industrial
growth and price stability.
B. Responsibilities to shareholders:
2) Vindication of the trust placed by shareholders on industry by making safe, dicreet and
proper use of their money by aiming for increasing returns to them through
expansion/diversification/increased profit.
C. Responsibilities to Employees:
2) Employees welfare schemes and amenities such as housing, medical attention, education
2) Reliable after-sales-service
1) The immediate community around the enterprise including developing and maintaining
resources, maintaining and improving the environment, etc; and
2) The general public including price stability, creation of employment and self employment
opportunities, aid (financial and participative) in times of natural calamities, etc.
4) Desisting from practices which threaten the existence and functioning of competitors such
as under-pricing, package-deal marketing, etc.
1) To educate the rank and file workers so that the traditional agitational role be gradually
transformed into one of understanding and co-operation
2) To keep the well-being and progress of the society constantly before them by way of
refraining from unnecessary strikes, rok stoppages, go-slow, intimidation, etc.
3) To protect the interest of the consumer which is usually lost sight of in bipartite agreements
reached between the parties
4) To discharge their role in the success of the schemes for planned economic development of
the country, maximizing production and distribution in an equitable manner. According to
the first plan document, “for the successful execution of the plan, the co-operation of the
trade unions and employers is indispensable” . the second plan document also emphasized
that “ a strong trade union movement is necessary both for safeguarding the interests of
labour and for realizing the targets of production”.
5) To adapt themselves to changing social needs and to rise above divisive forces of caste
religion and language and to help in promoting national, social and emotional integration at
all levels;
6) To instill in their members a sense of responsibility towards industry and the community.
Further they should seek to harmonize the sectional goals of their members with the
community interest in the larger good of the society
7) To organize the unorganized sections of the working class in the rural and urban areas and
help these groups in organizing themselves. They should involve themselves more in the
upliftment of those below the poverty line, rather than strive for achieving more comforts
for the privileged section of the organized labour
10) To work for a stable social order by establishing industrial democracy and social justice and
11) To help in holding the price line by keeping a vigilant watch on prices.
The Apprentices Act, 1961
Major Compliance:
1) General Obligations:
a) To provide the apprentice with training in his trade in accordance with Act and rules.
b) To ensure that a qualified person is placed in charge of the training.
c) To carry out obligation under the contract.
2) Registration of contract of apprenticeship:
To send the apprenticeship advisor the contract of apprenticeship within 3 months of date on
which it was signed.
3) Payment to apprentice:
To pay to every apprentice during the period of apprenticeship such stipend at a rate prescribed
under the Act.
Note: Apprentices advisors (Inspector) – Labour Minister – Sion Chunabbhati opp. Priyadarshani Bldg in
Mumbai.
Applicable to: 1) every establishment in which 20 or more workmen are employed or were employed on
any day of the preceding twelve months as contract labour.
Not applicable to: Establishment which carry on work of a casual nature occasionally.
Effect of non-registration: The principal employer cannot employ contract labour in establishment.
Major Compliance:
1) It is obligatory on every contractor not to undertake or execute any work through contract
labour without obtaining a valid license from the licensing officer.
2) Obligation to provide certain amenities:
A) Provision of canteens
B) Rest Rooms
C) Drinking water and other facilities like latrines and urinals
D) First-aid facilities
E) Crèches
3) It is obligatory on principal employer to see that wages of the workers are paid every month on a
fixed date and time and on termination of their employment before the expiry of 2 nd working day
after termination.
Maintenance of Records:
Form No. XXIV Half yearly Return in duplicate within 30 days by contractor
Register Particulars
Form No. XII Register of Contractor - Maintained by Principal employer for each
establishment
Form No. XIV Contractor to issue an employment card to each worker within 3 days of
employment
XVI-A muster roll, XVII-Register of wages, XX-deduction for damange, XXI – Register of fines, XXII-
Register of advances, XXIII-Register of overtime
Applicability:
Main Compliance:
A/c No.1 Employee and Employer Pf Due 15th of the Following month
A/c No.2 Admn and Inspection Charge 15th of the Following month
1.1 % of Salary
0.5% of Basic + DA
A/c No.21 Insurance Fund Inspection and Admn 15th of the Following month
Charge
0.01%
Submission of Returns:
Form 6A Abstract of Form 3A for the year 31st May Each Year
Form 13 Transfer of PF
1. Employee Contribution
2. Employer Contribution
PF = 2,500 x 3.67% = 92
3. Employee Contribution
Employer Contribution
PF = (7,500 x 12%) = 900 – 541 = 359
Applicability:
5) Company should inform within 48 hours to the Factory Inspector and ESIC inspector if any
fatal accident (which can be result into death)
If the person fail to inform it is being created as a death or murder against a Company
The Maternity Benefit Act, 1961
Applicability:
1) To every establishment being a factory, mine or plantation including Govt. establishment and
wherein person are employed for the exhibition of equestrian acrobatic and other
performances.
2) To any establishment in which 10 or more persons are employed or were employed on any
day of the preceding 12 months
During 1 month immediately preceding the period of six week before the date of expected
delivery, if the work
which in any way is likely to interfere with her pregnancy or normal development of the
foetus or is likely to cause her miscarriage or to adversely affect her health.
1) Payment of maternity benefits at the rate of the average daily wages for the period of actual
absence.
2) Average daily wages: Wages paid during the period of 3 calendar months immediately
preceding the date of her expected delivery..
3) The workmen must have actually worked for a period of not less than 80 days in the twelve
months immediately preceding the date of her expected delivery.
4) Maximum period entitled: Maximum 12 weeks of which not more than 6 weeks shall
precede the date of her expected delivery.
Leave for
Applicability:
1) To every factory and other establishment in which 10 or more persons are employed.
2) Once this is applicable, later on even if employees are reduced to less than, this Act remains
applicable.
Main Compliance:
Salary: Basic+ DA
Ex.