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UNIT – 5

WELFARE OF SPECIAL CATEGORIES OF LABOUR

Special categories of Labour

1. Child Labour
2. Female Labour
3. Contract Labour
4. Construction Labour
5. Agricultural Labour
6. Differently abled Labour
7. BPO & KPO Labour

1. CHILD LABOUR

# “Child” means a person who had not completed fourteen years of age.

# Article 24 of The Constitution of India, 1950 – Prohibits the employment of children in

factories, etc.

# No child below the age fourteen years shall be employed in work in any factory or mine or
engaged in any other hazardous employment.

The Child Labour (Prohibition and Regulation) Act, 1986

This 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.

Scope of this act

This 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. This Act extends to the whole of India.

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 any 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.

Occupations Set forth in Part – A of the schedule

1. Transport of passengers, goods or mails by railways
2. Cinder picking, clearing of any ash pit or building operations in the railway
premises
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3. Work in a catering establishment at a railway stations, involving the movement of
a vendor or any other employee of the establishment from one platform to another
or into or out of a main train.
4. Work relating to the construction of a railway station or with any other work where
such work is done in close proximity to or between the railway lines.
5. A port authority within the limits of any port
6. Work relating to selling of crackers and fireworks in shops with temporary
licenses
7. Abattoirs / slaughter house

Processes Set forth in Part – B of the schedule

1. Bidi –making
2. Carpet –weaving
3. Cement manufacture – including bagging of cement
4. Cloth printing, dyeing and weaving
5. Manufacture of matches, explosives and fire-works
6. Mica cutting & splitting
7. Shellac manufacture
8. Soap manufacture
9. Tanning
10. Wool cleaning
11. Building & Construction industry
12. Manufacture of Slate pencils (including Packing)
13. Manufacture of products from agate
14. Manufacturing process using toxic metals and substances such as lead, mercury,
manganese, chromium, cadmium, benzene, pesticides and asbestos.
15. Hazardous processes and Dangerous operations mentioned in Factories act 1948
16. Priming
17. Cashew and Cashew nut decaling and processing
18. Soldering processes in electronic industries

(3) Hours and period of work:

(a) 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
- Working hours limited to 4 and1/2 hours in any day
- No night duties (between 10pm and 6am)

(b) 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:

(c) 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;

(d) Female child shall be allowed to work between 8am and 7pm
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(e) No child shall be allowed to work overtime; and

(f) No child shall be permitted to work in many establishments on any day on which he
has already worked in some other establishment

(4) Weekly Holiday -Every child employed in any establishment shall be given one weekly
holiday of 24 hours.

(5) Healthy and Safety

(i) The 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 (discrimination) to the generality of the foregoing provisions,
the rules for health and safety may provided for all or any of the following matters
namely;
1. Cleanliness in the place of work and its freedom from nuisance
2. Disposal of wastes and effluents
3. Ventilation and temperature
4. Dust and fumes
5. Lighting
6. Drinking water
7. Artificial humidification
8. Latrine and urinal
9. Spittoons
10. Fencing of machines
11. Work at or near machinery in motion
12. Employment of children on dangerous machines
13. Instructions training and supervision in relation to employment of children on
dangerous machines
14. Device for cutting off power
15. Self-acting machines
16. Casing of new machinery
17. Floor, stairs and means of access
18. Pits, sumps, opening in floors etc.
19. Excessive weights
20. Protection eyes
21. Explosive or inflammable dist gas etc
22. Precaution in case of fire; maintenance of buildings; and safety of buildings and
machinery.

(5) Child Labour Technical Advisory committee

The Central Government by notification in the Official Gazette may constitute a Child
Labour Technical Advisory Committee to advise government for the purpose of occupation and
processes to be include in the Schedule.
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The committee shall consist of a Chairman and such other members not exceeding 10. It
can meet as often as it likes to carry on its business. The committee is empowered constitute one
or more sub-committees for general or any specific function.

(6) Power to Make Rules

The appropriate government by notification in the Official Gazette can make rules for the
proper enforcement of the Act. Such rules may provide for all or any of the following matters
namely:
(a) The term of office and the manner or filling casual vacancies of and the allowances
payable to the Chairman and members of the child labour technical advisory committee.

(b) Number of hours for which a child worker may be required to work.

(c) Grant of certificate of age in respect of young persons in employment or seeking

employment, the medical authorities which may issue such certificate, the form of such
certificate, the charges which are required to be made in this respect and the manner of
issuance of such certificates.

(7) Appointment of Inspectors - The appropriate government may appoint inspectors for the
purpose of securing compliance of this Act.

(8) Penalties: Whosoever employs any child or permits any child to work in contravention of the
provision of Act shall be punishable with imprisonment of a term of not less than three
months but can be extended months but can be extended to one year or with a fine which shall
not be less than Rs.10,000, however, it can extend to Rs.25,000 or with both.

Focusing of General Developmental Programmes for benefiting Child labour

As poverty is the root cause of child labour, the action plan emphasizes the need to cover
these children and their families also under various poverty alleviation and employment
generation schemes of the government.

Project Based Plan of Action envisages starting of projects in areas of high concentration
of child labour. Pursuant to this, in 1988, the National Child Labour Project (NCLP) Scheme
was launched in 9 districts of high child labour endemicity in the country. The Scheme envisages
running of special schools for child labour withdrawn from work. In the special schools, these
children are provided formal/non-formal education along with vocational training, a stipend of
Rs.100 per month; supplementary nutrition and regular health checkups so as to prepare them to
join regular mainstream schools. Under the Scheme, funds are given to the District Collectors for
running special schools for child labour. Most of these schools are run by the NGOs in the
district.
The Government has accordingly been taking proactive steps to tackle this problem
through strict enforcement of legislative provisions along with simultaneous rehabilitative
measures. Also the Government has been laying a lot of emphasis on the rehabilitation of these
children and on improving the economic conditions of their families.
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2. FEMALE LABOUR

Provisions
1. General
1. Employment of women underground in a mine is strictly prohibited
2. On surface, working hours should be between 6a.m. to 7p.m.
3. In a mine above ground, Not less than 11 hours interval is must between days work

2. Maintenance of a Register – A Register shall be maintained for every mine in the

prescribed form and place with following information:
1. Name of the employee and her father/husband’s name
2. The age of the employee
3. Nature of employment

3. Leave with wages:

- For mine workers – In addition to weekly rest and festival holidays
o Above- ground workers: Leave with wages for 1 day for every 20 days of work

- In an year, 190 days attendance for mine workers and 240 days for others
- Maternity leave not exceeding 24 weeks (6 months)

4. Provisions under Maternity Benefit Act, 1961

The act was passed to regulate the employment of women in certain establishments for
certain period before and after child- birth and to provide for maternity benefit and certain other
benefits.
Definitions
1. Child: A Still born child
2. Delivery – the birth of a child
3. Miscarriage – expulsion of the contents of a pregnant uterus at any period prior to or
during 26th week of pregnancy.

Prohibition of employment
1. An employer is prohibited from knowingly employing any women in any establishment
during the 06 weeks immediately following the day of her delivery or her miscarriage.
2. Employer shall not give any work for the following nature as per her request
- Any work is in arduous (difficult) nature
- Work involves long hours of standing
- Any work interfere with her pregnancy/ normal development of fetus
- Period of one month immediately preceding the expected ate of delivery.

Maternity benefit: Right to payment of maternity benefit: Average daily wages or 03 months
average of salary
Conditions:
- Minimum 80 days she has worked
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- Maximum period of maternity benefit 24 weeks
- Death: If the women dies during this period of 24 weeks – benefit shall be payable
only for the days up to her death.
- If death during delivery – benefit for entire period.

# Notice of claim for maternity benefit and payment there of

- Any women employed in an establishment
- May give notice to her employer
- Shall be in writing in a prescribed form
- Under taking that she will not work in any establishment during the period
- In the notice, shall state the date from which she will be absent/ leave
- Failure to give notice shall not disentitle her to maternity benefit
- Mode of payment – shall be paid in advance – production of proof -within 48 hours
from production of proof.

# Payment of maternity benefit in case of death of women

- Will be given to nominee or
- To any legal representative

# Forfeiture of maternity benefit

- She shall forfeit her claim to the maternity benefit for such period

# Dismissal during absence of pregnancy:

- Unlawful for her employer to discharge or dismiss her during such absence.
- The employer cannot discharge the/ stop the maternity benefits, but incase, such
dismissal is due to misconduct, she may be refused.

Reasons: - Willful destruction of employer’s goods or property

- Assaulting any superior’s place of work
- Criminal offence
- Theft, fraud, etc.,
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3.THE CONTRACT LABOUR

The Contract Labour (Regulation and Abolition) Act, 1970

# It is applicable where 20 or more workmen are working

Contract Labour: A workman is considered to be employed as “Contract Labour” in or in
connection with the work of an establishment when he is hired for this work by or through a
contractor with or without the knowledge of the principal employer.

Contractor: A person, who undertakes to produce a given result for an establishment through
contract labour, or who supply contract labour for any work of the establishment (includes sub-
contractors). The act does not regard persons as contractors who only supply goods or articles to
manufacturers.

# Prohibition of employment of contract labour

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/ business that is carried on in the
establishment
b. Of perennial or perpetual (continuous) nature or of a sufficient duration
c. Done ordinarily through regular workmen in that establishment or an establishment
similar there to;
d. Capable of employing considerable number of whole time workmen

# Contract Labour employed on the following

1. Loading and unloading
2. Construction and maintenance of buildings and roads
3. Seasonal works.

# Licensing of contractors: Every contractor has to obtain a license for employing contract
labour from the licensing officer appointed by the Government for this purpose.

# Welfare and Health of Contract Labour - The contractors are required to provide and
maintain:
a. A sufficient supply of wholesome drinking water at convenient places
b. A sufficient number of latrines and urinals of the prescribed type conveniently situated
and accessible
c. Washing facilities
d. A first-aid box equipped with prescribed contents at every place where contract labour is
employed
e. Canteen facilities- if work is to continue for more than 6 months and 100 or more
workers are employed.

Obligations of Principal employer or Contractors

1. Get his establishment registered with registering officer
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2. Obtain a license from licensing authority for employing contract labour
3. Not to employ contract labour without obtaining a registration certificate and license
4. Provide welfare and health facilities
5. Pay wages to workers before the expiry of the wage period
6. Co-operate with the inspectors during inspection of premises, documents, etc.,
7. Maintain the registers and records about contract labours, such as nature of work
performed, rates of wages and other information
8. Exhibit in the information of hours of work, rates of wages, wage period, nature of duties,
etc.
9. Send a half-yearly return to the licensing officer and yearly return to registration officer.

Rights of Contract Labour

1. Claim such working conditions, facilities and other benefits as are provided under this act
2. They can be represented by their representatives on the Central and State Advisory
Boards.

4. CONSTRUCTION LABOURS

Building or other construction work

The construction, alteration, repairs, maintenance or demolition- of or, in relation to,
buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and
navigation works, flood control works (including storm water drainage works), generation,
transmission and distribution of power, water works (including channels for distribution of
water), oil and gas installations, electric lines, wireless, radio; television, telephone, telegraph
and overseas communication dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts,
aquaducts, pipelines, towers, cooling towers, transmission towers and such other work as may be
specified in this behalf by the appropriate Government, by notification but does not include any
building or other construction work to which the provisions of the Factories Act, 1948 (63 of
1948), or the Mines Act, 1952 (35 of 1952), apply;

Construction labour
A labour employed at the site in any of the activities described in the definition of
“construction industry”

Construction industry
The businesses that are engaged in constructing, altering, decorating, repairing or
demolishing buildings, structures, roads, sewers, water or gas mains, pipe lines, tunnels, bridges,
canals or other works at the site; (“industrie de la construction”)

“Building worker”- means a person who is employed to do any skilled, semiskilled or unskilled
manual, supervisory , technical or clerical work for hire or reward, whether the terms of
employment be expressed or implied, in connection with any building or other construction work
but does not include any such person-
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(i) who is employed mainly in a managerial or administrative capacity; or.

(ii) who, being employed in a supervisory capacity, draws wages exceeding Rs.1600 per month,
either by the nature of the duties attached to the office or by reason of the powers vested in him,
functions mainly of a managerial nature;

(c) "Contractor"- means a person who undertakes to produce a given result for any
establishment, other than a mere supply of goods or articles of manufacture, by the employment
of building workers or who supplies building workers for any work of the establishment; and
includes a sub-contractor.

# Welfare measures, hours of work and other conditions of service of building workers

The building and other construction workers (regulation of employment and

conditions of service) act, 1996

Sec.28- Fixing hours for normal working day, etc.- (1) The appropriate Government may, by
rules.-

(a) fix the number of hours of work which shall constitute normal working day for a building
worker, inclusive of one or more specified intervals;

(b) provide for a day of rest in every period of seven days which shall be allowed to all building
workers and for the payment of remuneration in respect of such days of rest;

Sec. 29- Wages for overtime work.- (1) Where any building worker is required to work on any
day in excess of the number of hours constituting a normal working day he shall be entitled to
wages at the rate of twice his ordinary rate of wages.

Sec. 31- Prohibition of employment of certain persons in certain building or other

construction work.- No person about whom the employer knows or has reason to believe that he
is a deaf or he has a defective vision or he has a tendency to giddiness shall bc required or
allowed to work in any such operation of building or other construction work which is likely to
involve a risk of any accident either to the building worker himself or to any other person.

Sec. 32- Drinking water.- (1) The employer shall make in every place where building or other
construction work is in progress, effective arrangements to provide and maintain at suitable
points conveniently situated for all persons employed there in, a sufficient supply of wholesome
drinking water.

Sec. 33- Latrines and urinals.- In every place where building or other construction work is
carried on, the employer shall provide sufficient latrine and urinal accommodation of such types
as may be prescribed and they shall be so conveniently situated as may be accessible to the
building workers at all times while they are in such place.
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Sec. 34- Accommodation.- (1) The employer shall provide, free of charges and within the work
site or as near to it as may be possible temporary living accommodation to all building workers
employed by him for such period as the building or other construction work is in progress.

(2) The temporary accommodation provided under sub-section (1) shall have separate cooking
place bathing, washing and lavatory facilities

Sec. 35- Creches- (1) In every place where in more than 50 female building workers are
ordinarily employed, there shall be provided and maintained, a suitable room or rooms for the
use of children under the, age of 6 years of such female workers.

(2) Such rooms shall-

(a) provide adequate accommodation:

(b) be adequately lighted and ventilated;

(c) be maintained in a clean and sanitary condition;

(d) be under the charge of women trained in the care of children and infants.

Sec. 36- First-aid.- Every employer shall provide in all the places where building or other
construction work is carried on such first-aid facilities as may be prescribed.

Sec. 37- Canteens, etc.-The appropriate Government may, by rules require the employer-

(a) to provide and maintain in every place wherein not less than two hundred and fifty building
workers are ordinarily employed, a canteen for the use of the workers;

(b) to provide such other welfare measures for the benefit of building workers as may be
prescribed.

Sec. 3- Levy and collection of Cess.- (1) There shall be levied and collected a cess for the
purposes of the Building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Act, 1996, at such rate not exceeding two percent- but not less than one
percent of the cost of construction incurred by an employer,
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5.THE AGRICULTURAL LABOURS (WORKERS)

“Agriculture” includes
 farming in all its branches, including dairying, beekeeping, aquaculture,
 the raising of livestock including non-traditional livestock, furbearing animals and
poultry,

 the production, cultivation, growing and harvesting of agricultural commodities,

including eggs, maple products, mushrooms and tobacco, and

 any practices performed as an integral part of an agricultural operation.

Agricultural operation
It means any agricultural activity including sowing, plugging, grabbing, harvesting of
fruits, vegetables, flowers and sugarcane or dairy development activity or commercial crops
development activity.

Agricultural worker
It means a person who is engaged in one or more of the following agricultural
occupations in the capacity of labourer on hire and does not own agricultural land in excess of
ceiling to be prescribed:—
(i) Farming, including the cultivation and tillage of soil;
(ii) Dairy farming;
(iii) Pisciculture;
(iv) Production, cultivation, growing and harvesting of any horticulture & floriculture
(v) Raising of livestock, bee-keeping or poultry;
(vi) Any practice performed on a farm as incidental to, or in conjunction with, the farm
operations (including any forestry or timbering operations and the preparation for market
and delivery to storage or to market or to carriage for transportation of farm products);
and
(vii) Growing fodder or thatching grass or for grazing cattle;

Agricultural land
It means any land, used for cultivation or used for—
(i) Farming, including the cultivation and tillage of soil etc;
(ii) Dairy farming;
(iii) Production, cultivation, growing and harvesting of any horticultural commodity;
(iv) Raising of livestock, bee-keeping or poultry;
(v) Any practice performed on a farm as incidental to or in conjuction with the farm
operations (including any forestry or timbering operations and the preparation for market
and delivery to storage or to market or to carriage for transportation of farm products); or
(vi) Reserved or used for growing fodder or thatching grass or for grazing cattle but does
not include any plantation as defined in the Plantation Labour Act, 1951.

Cultivating tenant
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It means a tenant who is in actual possession of, and is entitled to cultivate the land
comprise in his holding.

Personally cultivate
It means cultivate either solely by one’s own labour or with the help of the members of
his family or hired labourers or both, or personally direct or supervise cultivation by such
members or hired labourers or both, provided that such members or hired labourers have not
agreed to pay or to take any fixed proportion of the reduced of the land they cultivate as
compensation for being allowed to cultivate it or as remuneration for cultivating it.

Statutory provisions and welfare measures

1. Hours of works: No audit agricultural worker shall be required to work for more than
eight hours in any day and no adolescent or child for more that six hours in any day :

2. Daily intervals for rest: The period of work on each day shall be so fixed that no period
shall exceed four hours and that no agricultural worker shall work for more than four
hours before he has had an interval for rest for at least half an hour.

3. Wages payable to agricultural workers

 Every landowner shall pay to an agricultural worker employed by him the prescribed
wages for each day or for work done.

4. Wages for harvest

 The prescribed wages for harvest shall be paid at the threshing floor on which the
threshing takes place and no portion of the produce shall be removed from the threshing
floor without payment of the prescribed wages to the agricultural worker concerned

5. Rights of agricultural employees

i. The right to form or join an employees’ association.
ii. The right to participate in the lawful activities of an employees’ association.

iii. The right to assemble.

iv. The right to make representations to their employers, through an employees’

association, respecting the terms and conditions of their employment.

v. The right to protection against interference, coercion and discrimination in the

exercise of their rights.

6. Benefits to the Agricultural workers

The Central Government shall provide the following benefits:-
(i) Old age pension after attaining the age of sixty years if the worker is not
engaged in any avocation, at the rate of rupees one thousand per month;

(ii) Free medical or health insurance facilities as the case may be;
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(iii) Free educational facilities to their children;

(iv) Essential commodities at subsidized rates through public distribution system;

(v) Free life insurance upto rupees two lakh;

(vi) Compensation to agricultural workers in case of accidents or death during

agricultural operations;

(vii) Free electricity and water facilities for agricultural operation in their own
land in such manner as may be prescribed;

(viii) Loan facilities for marriage, higher education, medical treatment from
nationalized banks at subsidized rates; and

(ix) Ex-gratia payments for construction of permanent dwelling units.

6. DIFFERENTLY ABLED PERSONS

According to the Persons with Disabilities (Equal opportunities, Protection of Rights and
Full Participation) Act, 1995, The Differently abled persons are those who are Mentally illed or
Persons with Disabilities or the handicapped persons.

Category of Disabilities: Cerebral (Brain/ intellectural) palsy, Hearing Impairment, Leprosy Cured
Person, Permanent paralysis of limbs, Mental Illness, Mental Retardation, Low Vision/blindness and
Autism.

Population of the differently abled Persons in the state

As per the 2001 Census data, total population of differently abled persons in India is
2,19,06,769 and population of differently abled persons in Tamil Nadu is 16,42,497.

Welfare measures
In order to ensure the differently abled persons to lead a dignified life on par with others,
Government of Tamil Nadu has evolved a number of policies and various welfare schemes.

1. The Government is committed to ensure 3% reservation in employment for differently-

abled persons.

2. Action is being taken to establish vocational training centers with residential facilities
through Voluntary Organizations in order to create employment opportunities for
Differently abled Persons in private sector.
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3. Imparting in plant training under the scheme of Ministry of Special Justice and
Empowerment during which clients are given stipend to sustain their interest and
motivation in the training.

4. Sponsoring and assisting the handicapped persons to utilize the facilities of reservations
against the seats in various educational training institutions

5. Recommending the handicapped persons for grant of loans by the concerned financial
institutions under differential rate of interest or setting up at different ventures under
various self employment schemes.

6. Early Diagnostic Centers for Hearing impaired children were started at Thoothukudi

7. Early Intervention Centre for Visually Impaired were established in 5 districts

8. Recognition of Special Schools for Differently-abled Persons: Permission to start

Special School and Recognition for running Special School for the differently-abled
students.

9. National trust: The National Trust Act was enacted in 1999 for the welfare of persons
with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, with the main
objective to enable and empower persons with these disabilities to live as independently
and as fully close to the community to which they belong.

10. The task of issuing National Identity Cards to all the eligible differently-abled persons in
the State is given top priority by the State Government.

11. Educational assistances for the differently abled students

i. Special education: With an objective to provide special education. Special

schools are run by Government, catering to the needs of differently abled students
who require special education due to visual impairment, hearing impairment,
mental retardation and severely affected lower and upper limb.

There are 23 Government Special Schools – 10 for the Visually Impaired, 11 for
the Hearing Impaired, 1 for the Severely Locomotor disability and 1 for the
Mentally Retarded.

Differently abled children studying in Government Special Schools are provided

with special education, boarding, lodging and two sets of uniform. Teaching and
learning materials, vessels, furniture and play materials are also provided to all
Government Special Schools.

ii. Readers allowance: The Government is providing Readers Allowance

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along with scholarship to the Visually impaired students who are studying from
standard 9 up to post graduation level. The quantum of Readers Allowance is
given as detailed below

Sl. No. Standard Readers Allowance Amount/annum

1 9th to 12th Std Rs.1500/
2 Under Graduate Courses Rs.2500/-
3 Professional and Post-Graduate Courses Rs.3000/-

iii. Scholarship: The State Government is providing scholarship to differently

abled students who are pursuing education from standard 1 up to Post-
Graduate level. The quantum of scholarship is as detailed below:-
Sl. No. Standard Amount/annum
1 I std to V std Rs.500/
2 VI std to VIII Rs.1500/-
3 IX to XII std Rs.2000/-
4 Under Graduate Courses Rs.3000/-
5 Professional and Post-Graduate Courses Rs.3500/-

iv. Cash prize to the visually impaired students who have obtained first three
ranks in the public examinations:
State Level:
Category For 10th Standard For 12th Standard
First Rank Rs.12000 Rs.18000
Second Rank Rs.9000 Rs.12000
Third Rank Rs.6000 Rs.9000

v. Scribe assistance: The visually impaired students who are studying in

standard 9 to standard 12 in special schools are permitted to engage scribe to
attend school examinations and a sum of Rs.100/- per paper is paid to each
scribe.

12. Maintenance allowance to severely affected differently abled persons: A sum of

Rs.1000/- per month is being given as maintenance allowance to Severely Affected
Differently Abled persons. It is sent directly to the residence of the beneficiaries through
money order.

13. Maintenance allowance to mentally retarded persons

Mentally Retarded persons with percentage of disability 60% and above are given
with maintenance allowance of Rs.1000/- per month.

14. Unemployed allowance to the differently abled unemployed persons:

Unemployment allowance is given to all categories of differently abled persons as
detailed below:
Educational Qualification Rate of Unemployment Allowance (per month)
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i) Graduates/Post Rs.450
ii)12th Standard Rs.375
iii) 10th Standard and below Rs.300

15. Marriage assistance schemes: To encourage persons marrying differently abled persons,
apart from the financial assistance of 25,000/-, 4 grams of gold coin for making
“Thirumangalyam” for bride is being given to them.

16. Homes for mentally ill persons: 11 Homes for mentally ill persons are established
through Voluntary Organizations to provide food, shelter, medical assistance and
rehabilitation services to 50 inmates in each home in Thoothukudi, Ramnad, Erode,
Tiruchirappalli, Tiruvallur, Cuddalore, Madurai, Coimbatore, Tiruvarur. Vellore and
Salem districts

17. Supply of petrol scooters to the differently abled persons

18. Travel concession to the differently abled persons in state owned transport corporation
buses

19. Areas of to be concentrated by the Government are as follows

􀂙 Prevention of disabilities;
􀂙 Early detection and intervention;
􀂙 Rehabilitation measures;
􀂙 Providing Special Education;
􀂙 Development of professionals for rehabilitation;
􀂙 Provision of assistive devices;
􀂙 Education and economic empowerment including self-employment;
􀂙 Creation of barrier free environment
􀂙 Social security.

 Strategies to achieve Thrust areas

􀂙 Creation of data base on differently abled persons.
􀂙 Creation of Infrastructure facilities.
􀂙 Free and compulsory Primary Education.
􀂙 Vocational Training for private jobs
􀂙 Creation of Awareness

20. United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)
It covers rights such as equality, nondiscrimination and equal recognition before the law;
liberty and security of the person; accessibility, personal mobility and independent living;
right to health, work and education; and participation in political and cultural life. Under the
UNCRPD, a number of obligations have been accepted by Government of India to provide
facilities, options and opportunities to persons with disabilities to live their lives with dignity.

21. Schemes and Initiatives

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From providing aids and appliances, scholarships, awards and monetary benefits to
reservations in government jobs and incentives for private employers to promote
employment of such persons, the government's approach has been multifaceted. The
endeavour is to ensure overcoming the restrictions imposed by their condition and allowing
them to lead a normal, self reliant life. Some schemes for empowerment of Persons with
Disabilities and concessions offered by the government are:-

 Assistance to Disabled Persons for Purchase / Fitting of Aids and Appliances

 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- External website that opens in a new window

7. BPO & KPO Labour

BPO: Business Process Outsourcing

Meaning

Business Process Outsourcing (BPO) – BPO refers to the contracting of third party
service providers the operations of several business processes or functions.

Business process outsourcing (BPO) is the contracting of a specific business task, such as
payroll, to a third-party service provider.

Categories of BPO: It is often divided into two categories

1. Back office outsourcing which includes internal business functions such as billing or
purchasing, and
2. Front office outsourcing which includes customer-related services such as marketing or
tech support.

Types of BPO contracts

a. BPO that is contracted outside a company's own country is sometimes called Offshore
outsourcing.
b. BPO that is contracted to a company's neighboring country is sometimes called
Nearshore outsourcing, and
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c. BPO that is contracted with the company's own county is sometimes called Onshore
outsourcing.

Call Center / Contact Center – refers to a central customer service operation where agents or
customer care specialists or customer service representatives handle business-related telephone
calls and other IT-related activities on behalf of a client

KPO: Knowledge Process Outsourcing

Meaning
Knowledge process outsourcing (KPO) is a form of outsourcing, in which knowledge-
related and information-related work is carried out by workers in a different company or by a
subsidiary of the same organization, which may be in the same country or in an offshore
location.
KPO involves "high-end" tasks being outsourced. These tasks are defined as high-end
ones because it requires in-depth analysis and perspective. Some of these tasks include legal
work, research and development, web content, design, and many others.

Functions of KPO
- Intellectual property or patent research,
- R&D in pharmaceuticals and biotechnology,
- Data mining and database creation
- A range of analytical services such as equity research, competitive intelligence,
industry reports and financial modeling.

Main problems of these sectors

1. High employment potential and fast growth but difficulty of getting right people in
situations of high demand
2. A very high attrition rate, being a minimum of 15%and rising to about 60-65% in certain
situations and locations.
3. Poor quality of graduates
4. Low quantitative availability since 50% of population is less than 25years old.
5. Low availability of professionally trained personnel
6. Only 20,000 to 40,000 of the 4.5 lakh engineers annually from 1400 colleges could be
employable
7. Incompatibility of curriculum with industry requirements and
8. Constraints in faculty availability.

Employee relations problems

1. Retention problems
2. High employees turnover
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3. Expectations of IT professional is high
4. Promotion – Limited scope for promotions
5. Handling professionals is difficult
6. Tie-up with foreign collaborators – it is a prestige issue

BPO & KPO Workers’ Welfare and Protection Act of 2009

1. SECTION 4. Coverage. – This Act shall cover all employees and workers engaged in the
Business Processing Outsourcing industry.

2. SECTION 5. Standard of Treatment. – The employer and the supervisors must, at all
times, treat the BPO worker in a just and humane manner and ensure and provide that
rights and benefits of BPO workers. Abusive language, physical violence or any act
which debases the dignity of a person shall not be used against the employee.

3. SECTION 6. Access to Relevant Information. – The State shall ensure that BPO
companies allow their workers and employees access to relevant information to make
them understand their rights, benefits, obligations, conditions and realities attending to
their profession.

4. SECTION 7. Protection from Understaffing or Overloading – There shall be no

understaffing or overloading of BPO workers.

5. SECTION 8. Right to Self-Organization, to engage in Collective Bargaining, and to

participate in Democratic Exercises. – The State shall ensure BPO Workers’ right to join,
organize, or assist organizations or unions, to collective bargaining and to participate in
the deliberation of issues and in the formulation of policies that affect them.

6. SECTION 9. Freedom from Interference or Coercion. – It shall be unlawful for any

person or company to commit any of the following acts of interference or coercion.

7. SECTION 10. Freedom from Company Bond. – It shall be unlawful for any person or
company to compel a BPO worker to commit to a company bond, imposing high fee to
be paid by the employee upon leaving the company before a specified length of time.

8. SECTION 11. Protection from Discrimination. – BPO workers shall be protected from
discrimination by reason of sex, sexual orientation, age, political or religious beliefs, civil
status, physical characteristics or disability, or ethnicity.

9. SECTION 12. Safeguards in Administrative Proceedings. – In any administrative

proceeding, a BPO worker shall have:
(a) The right to be informed of the charges;
(b) The right to full access on evidence against him/her;
(c) The right to defend himself/herself or by a counsel of his/her choice;
(d) The right to be given adequate time to prepare his/her case.
(e) The right to appeal to designated authorities;
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(f) Such other rights as will ensure fairness and impartiality during proceedings.

10. SECTION 13. Regular Hours of Work. – Normal hours of work for BPO workers shall
not exceed eight (8) hours a day. Any work done by BPO employees beyond the regular
hours of work shall be duly compensated by the employer.

11. SECTION 14. Overtime Work. – BPO workers may be required to render services
beyond his/her required working hours in cases provided that the employee is paid for the
overtime work with an additional compensation equivalent to not less than his regular
wage plus twenty-five percent (25%).

12. SECTION 15. Night Shift Differential. – BPO workers shall be paid a night shift
differential of not less than ten percent (10%) of his regular wage for each hour of work
performed between 10 o’clock in the evening and 6 o’clock in the morning.

13. SECTION 16. Rest & Meal Periods. – BPO workers shall be entitled to compensable
rest periods and meal periods not less than what is provided for in the Labor Code and
other existing laws. Employees shall not be disallowed from taking brief restroom breaks
during their working hours.

14. SECTION 17. Regular Working Days. – All BPO workers shall render work for not
more than six (6) consecutive days per week. Provided, That the employer shall respect
the preference of the employee for his/her weekly rest day when said preference is based
on religious grounds.

15. SECTION 18. Work on Holidays. – BPO workers may be required to work on days
designated as non-working holidays. Provided, That the employer shall duly compensate
the employee’s work on such days in accordance to existing laws with regard to holiday
pay.

16. SECTION 19. Leave Benefits. – BPO workers shall be entitled to all leave benefits and
privileges, such as but not limited to maternity, paternity, vacation and sick leaves, as
provided for under existing laws.

17. SECTION 20. Transportation Benefits. – In the absence of or in the lack of safe and
adequate public transportation services in BPO workers’ places of work, they shall be
entitled to safe transportation service.

18. SECTION 21. Medical Examination and Treatment. – BPO workers shall be entitled to a
medical examination free of charge upon entry in the BPO company and every year
thereafter during his/her tenure of employment.

19. SECTION 22. Workplace Policy on Occupational Safety and Health – An occupational
safety and health policy shall be formulated by each BPO establishment addressing the
safety and health concerns in BPO workplaces and worksites.
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20. SECTION 23. Security of Tenure. – No employee may be terminated except for just
cause as may be provided by the Labor Code.

21. SECTION 24. Prohibition Against Elimination or Diminution of Benefits. – Nothing in

this Act shall be construed to eliminate or diminish in any way existing benefits being
enjoyed by BPO employees.

Social Security

Social Security
It is the protection which society provides for its members – through a series of public
measures against the economic and social distress.

A programme of protection provided by society against the contingencies of modern life

– such as sickness, unemployment, old age, dependency, industrial accidents and invalidism. The
individuals cannot be expected to protect himself and his family by his own ability or foresight
against this economic and social distress. - Fridlander

The security that society furnishes, through appropriate organisation, against certain risks
to which its members are exposed. - ILO

Elements of Social Securities

1. Social assistance
2. Social insurance

1. Social Assistance
A service or scheme which provides benefits to persons of small means as of right in
amounts sufficient to meet minimum standards of need and finances from taxation.

Features:
a. Social assistance schemes are funded from general revenues rather than from individual
contributions
b. Which are designed to help people who are in financial difficulties
c. The assessment of the claimant’s financial status is known as the means test
d. It is provided by the society or government to the poor and needy individuals
e. Claimants may have to prove their inabilities (No relatives, handicapped, etc.)

2. Social insurance
It is a government provision for unemployed, injured or aged people; financed by
contributions from employers and employees as well as by government revenue.
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Giving in return for contribution, benefits upto subsistence (survival) level, as of right
and without means-tests, so that an individual may build freely upon it.

Need/ importance of social security

1. Social Security protects not just the subscriber but also his/her entire family by giving
benefit packages in financial security and health care
2. Social Security schemes are designed to guarantee at least long-term sustenance to
families when the earning member retires, dies or suffers a disability.
3. It acts as a facilitator - it helps people to plan their own future through insurance and
assistance.

Social security laws

The principal social security laws enacted in India are the following:
(i) 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.

(ii) 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.

(iii) The Workmen’s 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.

(iv) 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.

(v) 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.

Social security schemes for the organized and unorganized sectors

A. Organized sector social security schemes

The Organized sector includes primarily those establishments which are covered by
the Factories Act, 1948, the Shops and commercial establishments act of State
governments, the Industrial employment standing orders act, 1946, and so on.

Social security to the workers in the organized sector is provided through five central
Acts, such as
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 ESI Act
 The EPF & MP Act
 The Workmen’s compensation Act,
 The Maternity Benefit Act and
 The Payment of Gratuity act.

In addition, there is large number of welfare funds for certain specified segments of
workers such as Beedi workers, Cine workers, Construction workers, etc.

B. Unorganized sector Social security schemes

1. Pension of Rs.500/month on retirement or total disablement and family pension
in case of death of the worker
2. A personal accident insurance cover for Rs.1,00,000.
3. Universal Health insurance scheme for a worker is Rs.548/annum for the family
of 5 members or Rs.365/annum for a family of three members

Social Security schemes of EPFO and ESIC

A. Social security scheme of EPFO (Employees’ Provident Fund Organisation)

i. The Employees’ Provident fund scheme
In respect of establishment employing 20 or more persons and engaged in
industry, contribution includes 12% of the Basic pay – not more than
Rs.6500p.m. – Voluntary higher contributions should not exceed 10%. EPF
recommended a rate of interest on PF amount is 8.5% p.a.

ii. The Employees’ pension scheme:

Out of employees’ contribution on PF, 8.33% is segregated and is credited
to the EPF. The Central Government contributes 1.16% of total wages.

iii. Employees’ Deposit Linked Insurance scheme

For this fund no amount is recovered from employee’s wages. The
employer should pay 0.5% of total wages subject to a ceiling of Rs.6,500 p.m.

B. Social Security scheme of ESIC (Employees’ State Insurance Corporation)

The Employees’ State insurance Act, 1948 envisages following six social
security benefits, such as;
1. Sickness benefit 2. Maternity benefit 3. Disablement benefit
4. Dependants’ benefit 5. Medical benefit 6. Funeral benefit
# All benefits, except medical benefit are monetary benefits.
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1. Sickness benefit
The daily rate of sickness benefit shall be the standard benefit rate (SBR)
corresponding to the average daily wages. An insured person shall be entitled to this
benefit only if his sickness is certified by a duly appointed medical practitioner.
Example: Earns between Rs.6-Rs.24 daily, SBR is Rs.10/day. Maximum period of 56
days, first two days not allowed.

2. Maternity benefit
It is for confinement, miscarriage and sickness due to pregnancy. The daily rate of
maternity benefit shall be equal to twice the SBR. Example: Daily wage rate is Rs.6 –
Rs.8 (Rs.3.5 x 2 times), therefore Rs.7 is the daily rate.
# During that 12 weeks, not exceeding for 6 weeks.

3. Disablement benefit
It is payable to insured employee suffering from disablement as a result of an
employment injury.
Employment injury includes,
- Accidents happening while travelling in employer’s transport,
- Accidents happening while meeting emergency
- Occupational disease
Full rate: ie.40% extra on normal SBR. Example: Daily wage rate is Rs.8 – Rs.12, SBR is
Rs. 5. So, Rs.5 and 40% on Rs.5 extra. (5+2 = Rs.7).

4. Dependant’s benefit
If an insured person dies as a result of an employment injury, his dependents who
are entitled to compensation under this act. It shall be entitled to periodical payments.

5. Medical benefits
This benefit is to an insured person and/ or a member of his family whose
condition requires medical treatment.
Who are eligible for sickness benefit and maternity benefit can avail medical
benefit. Receipt of such benefit does not disentitle him to receive medical benefit. An
insured person may cease to be in insurable employment on account of permanent
disablement, can receive medical benefit till the death.

6. Funeral expenses
In case the insured person dies, the expenditure on his funeral, call as funeral
expenses.
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- Shall be payable to eldest surviving member of the family
- Claim must be made within 3 months from the date of death
- Rs.1000 is prescribed as Funeral expenses.