Unit Ut EMPLOYEE'S SECURITY and WELFARE ASPECT Chapter -1 Social Security Meaning of Social Security In ancient times, if a person was unable to work on a particular day, he was cared for by the members of his family or by the village community. In industrial sector, in urban world, a worker has nothing to fall back upon in times of sickness, unemployment, old age and other similar contingencies. In modern times, social security is being provided by the State. Social security is the security that the State furnishes against the risks which an individual of small means cannot, today, stand up to by himself even in private combination with his fellow (p 162 Report of the National Commission on Labour, 1969). Social Security means and includes schemes and measures adopted by the State to furnish safety, relief and protection against sickness, maternity, disablement, medical, dependents’ funeral and employment insecurities and risks and various safeguards pertaining to health, safety, welfare and working hours in industrial establishments. The term ‘social security’ stands for policies, plans and measures to provide protection, relief and security against various risks to which a member of the community is often exposed in his life due to sickness, disablement, old age, unemployment, economic hardship, accident or occupational diseases caused due to polluted environment. As per International Labour Organisation, ‘social security’ means a guarantee provided by the State through its appropriate organisation against certain risks to which the members of the society may be exposed: Concept of Social Security Social security is anew concept and it represent$ society’s current answer to the problem of economic insecurity from the 1930°s Late Abraham Epstein, the executive secretary of the American Association of Social Security is credited with originating the term ‘social security’. The Social Security Act, 1935, passed by the Roosevelt administration in: the USA was the first official use of the term ‘social security’. This Act provided federal grants to the States for three forms of public assistance; to the needy aged, blind and dependent children. Second, it enabled States to enact unemployment insurance laws and expand their employment services. Thirdly, 223 Scanned with CamScanner224 (Uan,Cht Labour Law-Il it set up a federal system of old age insurance for persons working in industry and commerce. Fourthly, it provides additional federal funds for the extension of State public health and rehabilitation. The term ‘social security’ originated in the United States has spread throughout the world. The Universal Declaration of Human Rights contained the following: “Every one asa member of the society has the right to social security and is entitled to the realisation through national efforts and intemational cooperation and in accordance with the organisation and resources of each state of economic, social and cultural rights indispensable for his dignity and the free development of his personality” (Art. 22). ‘Every one has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services and the right to security in the event of unemployment, sickness, disability, widowhood, oldage, or other lack of livelihood, or circumstances beyond his control. The comprehensive social security planning found expression in international events. The 26th session of International Labour Conference in Philadelphia in 1944 adopted two recommendations dealing with social security Income Security and Medical Care. The Income Security Recommendation huss had a marked impact since it was the first major intemational instrument 19 view social seeurity as an integral whole made up of various programmes view iy treated separately. The Declaration of Philadelphia included the oe ofsacial securiy to provide a basic income to all in need of “ion of social security measures Fi eh comprehensive medial eae, Te second even ws he seen in 1947 of the name of “International Social Insurance Conference’ 1 the ‘International Social Security Association’. ‘The role of Intemational Labour Organisation in certain standar’es of sain security has been significant. The Social Security (Minar Standards) security ion of ILO adopted in 1952 embodies universally acceriey principles and common stan The aplication Principlesnas guided developments of this field throughout vat te ‘Social security envisages that the members of 2 COmmUDHY To! protected by collective action against social sks causing undue harsh am Privation to individuals whose private resources 20 seldom wo man dignity and reat them. ae sre cept of social security is based on ideals of social justice eee as iat equitable dstntion of prot Penge srs. Secondly, ‘Social justice implies two things. “other benefits of industry between industry owner and worker UJT.Ch.t] Social Security ns providing protection to the workers against harmful effects to their health safey and morality. Social justice is justice according to social intrest. Social justice is dealing equitably and fairly not between individuals but between classes of, society; the rich and the poor. To the less fortunate men and women, whose adverse circumstances. made them unable to oblain the mere necessities of existence without the aid of others, aid must be given by government not as measure of charity but as social duty. This duty is to be performed by the society through the State. The underlying idea behind the concept of social security is that a citizen who has contributed or is likely to contribute wo his county's welfare should be given protection against certain hazards and to live with dignity. Freedom from ‘want and security against economic fear is the minimum that has to be secured tots people in the country. According to the National Labour Commission, “social security has become a fact of life and these measures have introduced an element of stability and protection in the midst ofthe stress and strains of modem life. It isa major aspect of public policy today and the extent of its prevalence is a measure of the progress made by a country towards the idea of a welfare State tis an incentive for development, substituting as it does hope for fear in the process improving the efficiency of the working force”. Therefore, social security measures are not a burden but a wise investment toreach the goal of welfare State “The characteristics of Social Security are: (This provision for cash as well as medical relief to specific persons under certain specific condition; i) Benefits are paid as of rights; (Gi) Social Security benefit is paid by way of relief only; (iv). State Participation is imperative in the modem conditions; (0) The legislature decides the amounts payable, qualifying conditions for such benefits, rates and procedure for calculating the benefit et. International Labour Organisation and Social Security ‘The International Labour Organisation adopted the Social Security (Minimum Standards) Convention 1952 on June 28, 1952 and it came into force ‘on April 27, 1955. The Convention has been ratified by India in 1964. This Convention embodied the following universally accepted basic principles and ‘common standards of social security measur () Medical Care [Article 7: Each Member for which this Part of this Convention is in force shall secure tothe persons protected the provision of benefit in respect of a condition requiring medical care of a preventive or curative nature in accordance with the following Articles of this Part. Scanned with CamScanner oid126 Labour Law-It t Article 8: The contingencies covered shall include any morbid con whatever its cause, and pregnancy and confinement and their consequ Article 9: The persons protected shall comprise: @) Chat Prescribed classes of employees, constituting not less cent, of all employees, and also their ves and children; or (0) _ prescribed classes of economically active population, constituting not less than 20 per cent, of all residents, and also their wives and children; © Prescribed classes of residents, constituting not less than 50 per eent, of all residents: or (@)_ where a declaration made in virtue of Article 3 is in force, prescribed, classes of employees constituting not less than SO per cent, of all employees in industrial workplaces employing 20 persons or more, and also their wives and children, Article 10: 1. The benefit shall include at least (@) incase of a morbid condition: (general practioner ear, including domiciliary visting: Gi) specials care at hospitals for inpatients and out-patient, and © Sen specs cre ae may be valle cutie hospitals Gly the essential pharmaceuia] supplies as prescribed by medial ov ober qualiedpracttiones; nd Gv) hospitalisation where necessary; and (b) incase of pregnancy and confinement and their consequences pre-natal, confinement and post-natal care ether by medical Precitioner or by qualified midwives; and Gi) howptalistion where necessary. 2The beneficiary ori breadwinner may be required o share the cost of tho mice! cae the beneficiary receives in respect of & morbid condion: therutes conceming such cost-sharing shallbe soderiged as to avoid hardship. 3. The benefit provided in accordance with his Article shal be afforded witha viow to maintaining, restoring or improving the health ofthe person protected and his abiliy to work and fo attend to hs personal needs, 4 The insttuions or Government deparments administering the benefit shall by such means as may be deemed appropite, encourage the persons protecad to aval iemoelves of the general heallh services placed at Welt Gispoeal by the pubic authorities or by oter bodies recognised by the public tuberin ‘Article 11: The benefit specified in Article 10 shall, in contingency covered be secred a leat oa person protected who bas completed, or whose UATLChaty Social Security 227 breadwinner has completed, such qualifying period as may be considered necessary to preclude abuse Article 12: 1. The benefit specified in Article 10 shall be granted throughout the contingency covered, except that, in case of a mor its duration ‘condition, iy be limited to 26 weeks in each case, but benefit shall not be suspended while a sickness benefit continues to be paid, and provision shall be made to enable the limit to be extended for prescribed diseases recognised as entailing prolonged cate. 2. Where a declaration made in virtue of Article 3 is in force, the duration of the benefit may be limited to 13 weeks in each case. (2) Sickness Benefit Article 13: Each Member for which this Part of this Convention is in force shall secure to the persons protected the provision of sickness benefit in accordance with the following Articles of this Part. Article 14: The contingency covered shall include incapacity for work resulting from a morbid condition and involving suspension of earnings, as defined by national laws or regulations. Article 15: The persons protected shall comprise: (@)_where a declaration made in virtue of Anticle 3 is in force, prescribed classes of employees, constituting not less than SO per cent, of all ‘employees in industrial workplaces employing 20 persons or more. Article 16: 1. Where classes of employees or classes of the economically active population are protected, the benefit shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66. 2. Where all residents whose means during the contingency do not exceed prescribed limits are protected, the benefit shall be a periodical payment calculated in such a manner as to comply with the requirements of Article 67. Article 17: The benefit specified in Article 16 shall, in a contingency covered, be secured at least to a person protected who has completed such qualifying period as may be considered necessary to preclude abuse. Article 18: 1. The benefit specified in Article 16 shall be granted throughout the contingency, except that the benefit may be limited to 26 weeks, in each case of sickness, in which event it need not be paid for the first three days of suspension of earnings. 2. Where a declaration made in virtue of Amticle 3 is in force, the duration of the benefit may be limited: (@) 10 such period that the total number of days for which the sickness benefit is granted in any year is not less than ten times the average ‘number of persons protected in that year; or Scanned with CamScannerSocal Security ind after temporary employment lasting not more than a prescribed period as pattof the same case of suspension of earnings. case of seasonal workers the duration of the benefit and the lay be adapted to their conditions of employment. this Part of this Convention is in provision of old-age benefit in llowing Articles of this Part. ¢ 1. The contingency covered shall be survival beyond a Scanned with CamScanner Article 21: The persons protected shall comprise: (@) prescribed classes of employees, constituting not less than SO per cent, of all employees; or 5 (>) all residents whose means during the contingency do not exceed limits preseribed in such a manner as to comply with the requireme 2. The prescribed age shall be not more than 65 years or such higher age as may be fixed by the competent authority with due regard to the working ability of elderly persons in the country concemed jons may provide that the benefit of a person ‘may be suspended if such person is engaged in any contributory, may be reduced iciary exceed a prescribed amount and, if non- contributory, may be reduced where the earnings of the beneficiary or his other means or the {wo taken together exceed a prescribed amount. Article 27: The persons protected shall comprise- (a) prescribed classes of employees, constituting not less than 50 per ‘ent, of all employees; or * (©) prescribed classes of the economical! not less than 20 per cent, o © nts whose means during the c industrial workplaces employing 20 person: iployees are protected, fare protected, the bene! ‘calculated in such a manner as to comply Article 23: The benefit specified in Anicle 22 st Teast to a person protected who ve population, constituting, tion made in virtue of Article 3 is in force, prescribed 1g not less than SO per cent, of all a periodical pay (@) where classes of employees or benefit shall vary previously received wi (2) of parageaph 1 sh: benefit is at least 13 weeks within a period of 12 le contingency do not sete, in such a manner as to comply ions of subparagraph average duration of230 Labour Law-tt i Article 29: 1. The ben eo fit specified in vowered, be secured at eae SPeeified in Article 28 shall, in a contin @) the contingency, ti S.a qualifying period which may by or employment, oF 20 years of re in principle, all economically activ (b) where, © persons are protected, i 'S completed a prescribed qualifying period | Tespect of whom, while he was of working ‘early average number of contribi of contribution and in age, the prescribed Paid, 2. Where the benefit referred to in paragraph 1 is conditional upon minimum period of contribution or employment, a reduced benefit shel be, secured at least: (@) to aperson protected who has completed, prior to the contingency, accordance with prescribed rules, a qualifying period of 15 years of contribution oremployment; or (b) where, in principle. all economically active persons are protected, 8 person protected who has completed a prescribed qualifying period of contribution and in respect of whom, while he was of working age, half the yearly average number of contributions prescribed ig accordance with subparagraph (b) of paragraph I of this Article has been paid. = 3. The requirements of paragraph 1 of this Article shall be deemed to be | satisfied where a benefit calculated in conformity withthe requirements of Par XI but ata percentage of ten points lower than shown in the Schedule appended to that Part for the standard beneficiary concemed is secured at least to.&; person protected who has completed, in accordance with prescribed rues te” years of contribution or employment, or five years of residence. : 4. A proportional reduction of the percentage indicated in the Schedule appended to Part XI may be affected where the qualifying period for the benefit” corresponding to the reduced percentage exceeds ten years of contribution of ‘employment but is less than 30 years of contribution or employment; if such ‘qualifying period exceeds 15 years, a reduced benefit shall be payable in conformity with paragraph 2 of this Article. : 5. Where the benefit referred to in paragraphs 1,3 or 4 ofthis Article onitonal upon a minimum period of contribution o employment,» eel benefit shall be payable under preseribed conditions toa person protected win by reason only of his advanced age when the provisions concemed in te application ofthis Part come nt ore, has not satisfied the conditions presi in accordance with paragraph 2 of this Antic, unless a benefit in confi with the provisions of paragraphs 1, 3 or 4 of this Article is secured to s person at an age higher than the normal age. oe | Social Security 231 Article 30: The ified in Articles 28 and 20 throughout the contig ene SPecified in Articles 28 and 29 shall be granted it ingency. (8) Employment Injury Benefit Article 31: Each Member for wt hich this Pat ofthis Convention benefit in accordance withthe felon ie Provision of employment injury if Articles of this Part ered shall include the following where resulting from employment: (0) incapacity for work resuttin Pension of earnings, as (©) total loss of earnin, "8 from such a condition and involving defined by national laws or regulations: 2 Capacity or partial loss thereof in excess of a sus Frearn ted dese, likely to be permanent, or corresponding loss of faculty; and (@) the loss of support suffered b the case of a widow, the right to benefit her being presumed, in accordance with ational laws or regulations, to be incapable of self-support. Article 33: The persons protected shalt-comprise: () Prescribed classes of employees, constituting not less than 50 per Ent of all employees, and, for benefit in respect of death of the breadwinner, aso their wives and children, or (©) where a declaration made in virtue of Article 3 is in force, prescribed lasses of employees, constituting not less than 50 per cent, of all ‘may be made conditional on wives and children, Article 34: 1. Inespect of a morbid condition, the benefit shall be medical care as specified in paragraphs 2 and 3 of this Article, 2. The medical care shall comprise: (2) general practitioner and specialist in-patient care and out-patient care, including domiciliary visiting; (b) dental care; (©) nursing care at home or in hospital or other medical institutions; (@) “maintenance in hospitals, convalescent homes, sanatoria or other ‘medical institutions; (©) dental, pharmaceutical and other medical or surgical supplies, including prosthetic appliances, kept in repair, and eyeglasses; and, Scanned with CamScanner232 Labour Law-I qwaucna (the care furnished by members of such other professions as may at ‘any time be legally recognised as allied to the medical profession, ” under the supervision of a medical or dental practitioner. 3. Where a declaration made in virtue of Anicle 3 isin force, the medical care shall include at least: (2) general practitioner care, including domiciliary visiting: F (©) specialist care at hospitals for in-patients and out-patients, and such | specialist care as may be available outside hospitals; (©) the essential pharmaceutical supplies as prescribed by a medical or ‘other qualified practitioner, and (4) hospitalisation where necessary. 4. The medical care providedin accordance with the preceding paragraphs shall be afforded with a view to maintaining, restoring or improving the health Of the person protected and his ability to work and to attend to his personal needs. ms ‘Article 3S: 1. The institutions or Government departments administering the medical care shall co-operate, wherever appropriate, with the general vocational rehabilitation services, with a view to the re-establishment of handicapped persons in suitable work. = 2, National laws of regulations may authorise such institutions or © {departments to ensure provision for the vocational rehabilitation of handicapped? persons. : Article 36: 1. In respect of incapacity for work, total loss of earming capacity likely to be permanentor corresponding loss of faculty, or the death of the breadwinner, the benefit shall be a periodical payment calculated in sucha “| manner as to comply either withthe requirements of Article 65 or with the | requirements of Article 66. a 2. In case of partial loss of eaming capacity likely to be permanent, of corresponding loss of faculty, the benefit, where payable, shall be a periodical payment representing a suitable proportion of that specified for total loss of| fearing capacity or corresponding loss of faculty. 3."The periodical payment may be commuted for a lump sum- (a) where the degree of incapacity is slight; or (b) where the competent authority is satisfied thatthe lump sum will be properly utilised. Article 37: The benefit specified in Articles 34 and 36 shall, in a contingency covered, be secured at least to a person protected who was temployed in the territory ofthe Member atthe time ofthe accident ifthe injury is due to accident or atthe time of contracting the disease ifthe injury is due to # Social Security 233) vac.) 1 disease and, for periodical payments in respect of death of the breadwinne, to the widow and children of such person. ‘Article 38: The benefit specified in Articles 34 and 36 shall be granted throughout the contingency, except that, in respect of incapacity for work, the benefit need not be paid for the first three days in each case of suspension of earnings. (© Family Benefit Article 39: Each Member for which this Part of this Convention i force shall secure to the persons protected the provision of family benefit in accordance withthe following Amticles of this Part. Article 40: The contingency covered shall be responsibile for the ‘maintenance of children as presribed. Article 41: The persons protected shall comprise: (2) prescribed classes of employees, consttuting-not less than 50 per cent, ofall employees; or (©) prescribed classes ofthe economically active population, constituting Aot less than 20 per cent, of all residents; or (©) all residents whose means during the contingency do not exceed prescribed limits; or (2) where a declaration made in virtue of Article 3s in force, prescribed classes of employees, constituting not less than 50 per cent, of all ‘employees in industrial workplaces employing 20 persons or more. Article 42: The benefit shall be: (@) 4 periodical payment granted to any person protected having completed the prescribed qualifying period: or (©) the provision to ori respect of children, of food, clothing, housi holidays or domestic help; or 7 a2 (©) acombination of (a) and (b). Article 43: The benefit specified in Article 42 shall be secured at Least to ‘person protected who, wibhin a prescribed period as completed a qualifying Period which may be three months of contribution or employment, of one yeat of residence, a5 may be prescribed. Article 44; The total value of the benefits granted in accordance with Article 42 to the persons protected shall be such as to represent. (@) 3 per cent, of the wage of an ordinary adult male labourer, as determined in accordance with the rules laid down in Article 66, ‘multiplied by the total numberof children of persons protected; or (b) 15 percent of the sid wage, multiplied by the total number of children of all residents, pled By mm Scanned with CamScanner(Sy Re arane —— (oatcns taM.ehay Sactat Security — ase Article 45: Where the benefit consists of a periodical payment, it chall he payment calcrtated in se cadena granted throughout the contingency, (7) Maternity Benefit Artide 46: Each Member for which this Part of thie Convention is in force shall secure to the persons protected the provision af maternity heweta ye accordance with the following Articles of this Pan Article 47: The contingencies covered shall include pregnancy and confinement and their consequences, and suspension of earn national laws or regulations, resulting therefrom Article 48: The persons protected shall comprise: ticle 66, The amount of the periodical the contingency, subject to the average rate quirements rayment may vary in the eetese a thereof complying with these re Article St: The benefit specified in Articles 49 and 50 shal, in a camtingeney covered, be secured at least to a woman in the lasses protected saho has completed such qualifying period as may he considered necessity to preclude abuse, and the benefit specified in Article 49 shall alse be sect the wife of a man in the classes protected where the latter hus completed qualifying period es, as defined hy Article 82: The benefit specified in Articles 49 and 50 shall be granted (a) all women in prescribed classes of employees, which classes constitute throughout the contingency, except that the periodical pa ited not less than 50 per cent of all employees and, for maternity medical 10 12 weeks, unless a longer period of abstention from work fe tequited ot benefit, also the wives of men in these classes; or buthorised by nat mnal Laws oF reputations, in w toa period less than such longer period (8) Invalidity Benefit Article ‘h Member for which this Part of this Convention is in force shall secure to the persons protected the provision of invalidity benefit accordance with the following Articles of this Part Article 54: The contingency covered shall include inability to engage in any gainful activity, to an extent prescribed, which inability is likely to be Permanent or persists after the exhaustion of sickness benefit Article 55: The persons protected shall compris (a) prescribed classes of employees, cent, of all employees: or (b) _ prescribed classes of the economically active population, constituting not less than 20 per cent, of all residents: or (b) _ all women in prescribed classes of the economically active populatio which classes constitute not less than 20 per cent, of all residents, and, for matemity medical benefit, also the wives of men in these classes: oF (©) where a declaration made in virtue of Article 3 is in fore: in prescribed classes of employees, which classes constitute than 50 per cent, of all employees in industrial workplaces employing, 20 persons or more, and, for maternity medical benefit, also the wives of men in these classes, Article 49: 1. In respect of pregnancy and confinement and their consequences, the maternity medical benefit shall be medical care as specified in paragraphs 2 and 3 of this Article. 2. The medical care shall include at least- (a) pre-natal, confinement and post-natal care either by medical hich event it may not be li constituting not less than SO per i . (©) all residents whose means during the contingency do not exceed practitioners or by auaied midwives: 203) Hes Preseribed in sucha manners o comply withthe requirements (b) hospitalisation where necessary. of Article 67; or * 3. Te medical cae speiGed in passrap 2 of this Article shall be (@)_ where a declaration made in virtue of Anicle 3 is in force, prescribed afforded with a view to maintaining, restoring or improving the health o! ‘woman protected and her ability to work and to attend to her personal needs. 4. The institutions or Government departments administering the maternity medical benefit shall, by such means as may be deemed appropriate, encourage the women protected (0 avail themselves of the general health services placed at their disposal by the public authorities or by other bodies recognised by the public authorities. ; hing om pesnany Article 50: In respect of suspension of earnings resulting from pregnane and from confinement and their consequences, the benefit shall be a periodical classes of employees, constituting not less than SO per cent, of all ‘employees in industrial workplaces employing 20 persons or more. Article 56: The benefit shall be a periodical payment calculated as follows: (a) where classes of employees or classes of the economically active population are protected, in such a manner as to comply either with the requirements of Anticle 65 of with the requirements of Article 66, (b) where all residents whose means durin; exceed prescribed limits are protected, in h the requirements of Article 67. ig the contingency do not ‘such a manner as to comply Scanned with CamScanner236 “Article $7: 1. The benefit specified in Article S6 shal, in a contin covered, be secured at least 7 (2). toa penton protected who has completed, prior tothe contingency accordance with prescribed nutes, a qualifying period which may 15 yearsof contribution or employment. oF 10 Years of residence: ef protected who has completed a qualifying period of three years @f- ‘contribution and in respect of whom. while he was of working age, the prescrite, Yearly averape number of contutions has been paid 4 2. Where the benefit referred to in paragraph 1 is conditional upot’a rminimom period of contibution or employment. a reduced benefit shall BE secured st least j (2) to2.person protected who has completed, prior to the contingency:ii: score with prose rles 2 qulifing pede five yea contribution or employment: or ‘where. in principle. all economically active persons are protected, (© 2 person protected who has completed a qualifying period of three {year of contibution and ia respect of whom. while he was of working - 23ge. half the yearly average number of contributions prescribed f ‘sccordance with subparseraph (b) of paragreph I ofthis Anticle bat been paid 3. The requirements of paragraph | of this Amite shall be deemed tobe satisfied where 2 benefit calculated in conformity fof Part XI but ata percentage of tea points lower than shown in the Schedule ‘appcaded to that Part for the standard beneficiary concemed is secured a least to 2 person proteced who his completed, in accordance with prescribal rules, five pears of contribution, employment or residence. © 4. A proportional reduction of the percentage indicated in the Schedule: | appended to Part XI may be affected where the qualifying period forthe corresponding to the reduced percentage exceeds five years of contribution employment but is les than 15 years of contribution or employment; a reduced pension shall be payable in conformity, with paraaraph 2 ofthis Article. [Article 58: The benefit specified in Anicles 56 and 57 shall be granted throughout the contingency or until an old-age benefit becomes payable. (9) Survivors’ Benefit “Article 59: Each Member for which this Part of this Convention is force shall secure to the persons protected the provision of survivors’ benefitia accordance with the following Anicles of this Part. “Article 60: 1. The contingency covered shall include the loss of suppot suffered by the widow or child asthe result of the death ofthe breadwinner, the case of a widow, the right to benefit may be made conditional on her beitt | ini, with the requirement | th national laws or regulations, to be incapable of sumed, in accordance Eit-xupport 2. National laws or regulations may provide that the benefit of a person cteruise entitled to it may be suspended if such person is engaged in any rescribed gainful activity or that the benefit, if contributory. may bere There the earnings of the beneficiary exceed a prescribed amount, and, if non- Thinbutory. mag be reduced shere the earnings of the beneficiary orks other zeans or the two taken together exceed a prescribed amount. Article 61: The persons protected shall comprise: (a) constitute not less than 50 per cent, of all employees; or (©) the wives andthe children of breadwinners in prescribed classes of the economically active population, which classes constitute aot less than 20 per cent ofall residents: oF all resident widows and resident children who have lost their breadwinner and whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Anicle 67: (8) where a declaration made in virtue of Article 3is in force, the wives and the children of breadwinners in prescribed classes of employecs. which classes constitute not less than 50 percent, of all employers in industrial workplaces employing 20 persons or more. Article 62: The benefit shall bea periodical payment calculated 2s follows: (2) where classes of employees or classes of the economically active population ae protected, in such a manner as to comply either with the requirements of Article 65 or with the requirernents of Anicls 65: (©) where all residents whose means during the contingency etal ey me mem eye ony 2 With the requirements of Article 67 ° Article 63: 1. The benefit specified in Anicle 62 shall, in a coatingency el Ths benefit specified in Ani 62 shall in consngeacy (@) to a person protected whose breadwinner has completed, in secondance with prescribed rules, a qualifying period which my be 15 years of contribution or employment. or 10 Sears of residences or (©) where, in principle, the wives and children of all economically acuve persons are protected, to a person protected whose bresdwitecs tes completed a qualifying period of three years of contibutien aad in respect of whose breadwinner, while he was of working age the \ahtectited yey average number of sontibutions hasbeen paid 2. Where the benefit referred to in paragraph 1 is conditional imam period of contribution oc employments sail be m pra bution or employment, a reduced benefit shall be © Scanned with CamScannerEss Labour Law-It wang. 2 laneng (@) (0 @ person protected whose breadwinner has compl a accordance with prescribed rules, a qualifying period oh te ee A contribution or employment; or “sean oti (©) where, in principle, the wives and children ft of all economically acti? Persons are protected, toa person protected whos trea ete completed a qualifying period of three years of ‘contribution an iat respect of whose breadwinner, while he was of working nen the yearly average number of contributions prescribed in accordant ‘with subparagraph (b) of paragraph 1 of this Article has been paid 3. ‘The requirements of paragraph 1 of this Article shall ‘be deemed to be i satisfied where a benefit calculated in conformity with the requiremene of Part XI but a percentage of ten points lower than shown in the Schedule appended to that Part for the standard beneficiary concemed is secured df 4 least to a person protected whose breadwinner has completed, in accordanse with prescribed rules, five years of contribution, employment or residence, 4. A proportional reduction of the percentage indicated in the Schedule appended to Part XI may be affected where the qualifying period forthe benefit. corresponding to the reduced percentage exceeds five years of contribution of, employment but is less than 15 years of contribution or employment; a reduced benefit shall be payable in conformity with paragraph 2 ofthis Article. 5. In order that a childless widow presumed to be incapable of self-support™ may be entitled to survivor's benefit, a minimum duration ofthe marriage may. be required. [Article 64: The benefit specified in Articles 62 and 63 shall be granted = throughout the contingency. 3 ‘After adopting the Social Security (Minimam Standards) Convention, 1952 the Intemational Laveur Organisation adopted the following Social Securit Conventions: (1) The Employment Injury Benefits Convention, 1964 (No.121) a recommendations. A (2) The Invalidity, O1d-Age and Surtivors’ Benefits Convention, 1967 (NSE 128) and recommendations fe (3) The Medical Care and Sickness Benefits Convention, 1969 (No. 130): and recommendations. (4) The Employment Promotion and Protection against Unemployment: Convention, 1988 (No. 168) and recommendations. : (5) The Maternity Protection Convention, 2000 (No. 183) and recommendations. (6) The Maintenance of Social Security Ri ‘and recommendations. . 4 ights Convention, 1982 (No.157) i) Sociat Security 289 Indian Constitution and Social Security duty as an agent of the society in providing social ‘adverse situations of otherwise nceds protection old age, maternity. death and other similar ity on State ty to those who are to contingencies of disablem conditions with reference to India, the constitution levies responsi to provide social security to citizens of the country. ‘The Constitution of India under its Chapter IV embraces principles and policies pertaining to social security measures which are to be followed by the State in future when it would think expedient, just and proper to legislate for working class in our country. It would be desirable to mention the principles of ate Policy relating to Social Security as contained in our Constitution. (J) State to secure a social order for the promotion of welfare of 1 people (Art.38) “(1) The State shall stive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and politica, shall inform all the institutions of the national life.. (2) The State shal, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.” (2) Certain principles of (social security) policy to be followed by the State (Art.39) “The State shall, in particular, direct its policy towards securing (a) that te citizens, men and women equally, have the right tan adequate means of livelihood; that the ownership and control of the material resources’of the community are so distributed as best to subserve the common good: that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; that there is equal pay for equal work for both'men and women; that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.” (by © @ © o Scanned with CamScanner240 Labour Lawl () Equal Justice (Art.39-A) *39A. Equal justice and free le} Social Security les, the Concurrent ‘mentions issue: insurance, employment and unemployment; ‘other cases of undeserved want (5) Provision for just and human conditions of work and matern relief (Art.42) Schemes which were included in Dit le protection and safeguards and securit as Direct Fundamental Rights. against various ive Principles have been given same importance particular, the State shall endeavour to promote cottage industries on: or co-operative basis in rural areas.” () Participation of Workers in management of industries (Art. 43-4) “The State shall take steps, by suitable legislation or in any other way, mn of workers nagemient of undertaki organisations engaged in any industry.” for all the age of six ye (9) Duty of the State to raise the level of nuti of living and to improve public health (Art. 47) I regard the raising of the level of nut ‘and the improvement of public health as among drugs which are injurious to health. Scanned with CamScanner