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125 Chapter No. 04: Labour welfare Acts of Government. Introduction. Conceptual Issues of Labour Legislations. Need of Labour Legislation in India. Purpose of Labour Legislation. Labour Laws. Various Labour Laws of India. Labour Policy of India. The Minimum Wages Act, 1948. The Employee's State Insurance Act, 1948. Maternity Benefit Act, 1961 and Workmen’s Compensation Act, 1923. The Bombay Shops’ & Establishments Act, 1948. The Ministry of Labour & Employment of India. Employees Provident Fund Organisation (EPFO). The Maharashtra Labour Welfare Fund Act, 1953. International Labour Organization. National Labour Cooperatives Federation of India Ltd (NLCF). Labour Welfare Officer. References

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Chapter No. 04:

Labour welfare Acts of Government.

Introduction.

Conceptual Issues of Labour Legislations.

Need of Labour Legislation in India.

Purpose of Labour Legislation.

Labour Laws.

Various Labour Laws of India.

Labour Policy of India.

The Minimum Wages Act, 1948.

The Employee's State Insurance Act, 1948.

Maternity Benefit Act, 1961 and Workmen’s

Compensation Act, 1923.

The Bombay Shops’ & Establishments Act, 1948.

The Ministry of Labour & Employment of India.

Employees Provident Fund Organisation (EPFO).

The Maharashtra Labour Welfare Fund Act, 1953.

International Labour Organization.

National Labour Cooperatives Federation of India

Ltd (NLCF).

Labour Welfare Officer.

References

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Introduction:

Industrial progress depends on satisfied labour force and in

this connection the importance of labour welfare measures was

accepted long back. Way back in 1931 the Royal Commission on

Labour stressed the need of labour welfare primarily because of the

harsh treatment meted out to the workers. This need was further

emphasized in independent India by the Constitution, which lays

down the following articles in this regard:1

“Article 42: The state shall make provision for securing just

and humane conditions of work……”

“Article 43: The state shall endeavour to secure by suitable

legislation or economic organization or in any other way, to

all workers agricultural, industrial or otherwise, a living

wage, conditions of work ensuring a decent standard of life

and full enjoyment of leisure and social and cultural

opportunities…..”

Discussing the importance of the labour welfare S.T.

Edwards (1953) said: “One can buy a man’s time, his physical

presence at a particular space, even a few muscular movements,

but enthusiasm, initiative, loyalty and devotion to duty cannot be

bought. They will have to be created through right employer-

employee relations, provision of constructive opportunities for

satisfying the major motivating desires of human action. “

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Conceptual Issues of Labour Legislations:

Labour in the broadest sense of the term, may be defined as

any ‘hand’ or ‘brain’ work, which is undertaken for a monetary

consideration. The term 'labour legislation' is used to cover all the

laws which have been enacted to deal with employment and wages,

working conditions, industrial relations, social security and welfare

of workers employed in industries. Labour Legislation refers to all

the laws of government which have been enacted to provide social

and economic security to the labour or worker. Labour law also

known as employment law is the body of laws, administrative

rulings and precedents which address the legal rights of, and

restrictions on, working people and their organizations. As such, it

mediates many aspects of the relationship between trade unions,

employers and employees. In other words, labour laws define the

rights and responsibilities of workers, union members and

employers in the workplace.2

Need of Labour Legislation in India:

Organized industry in a planned economy calls for the spirit

of co-operation and mutual dependence for attaining the common

purpose of better production. In India, labour legislation is treated

as an arm of the state for the regulation of working and living

conditions of workers. The need for labour legislation may be

summarized as follows:3

1. To provide for the health, safety and welfare of workers.

2. To protect the workers against oppressive of economically

weak and has little bargaining power.

3. To encourage and facilitate the workers' organizations.

4. To deal with industrial disputes and

5. To enforce social insurance and labour welfare schemes.

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Purpose of Labour Legislation:

Labour legislation that is adapted to the economic and social

challenges of the modern world of work fulfils three crucial

objectives.4

1. It establishes a legal system that facilitates productive

individual and collective employment relationship.

2. By providing a frame work within which employers, workers

and their representatives can interact with regard to work

related issues, it serves as an important vehicle for achieving

harmonious industrial relations based on democratic value at

workplace.

3. It provides a clear and constant reminder and guarantee of

fundamental principles and rights at work which have received

broad social acceptance, and establishes the processes through

which these principles and rights can be implemented and

enforced.

Labour Laws:

Labour law also known as employment law is the body of

laws, administrative rulings, and precedents which address the

legal rights of, and restrictions on, working people and their

organizations. As such, it mediates many aspects of the

relationship between trade unions, employers and employees. In

other words, Labour law defines the rights and obligations as

workers, union members and employers in the workplace.

Generally, labour law covers:5

Industrial relations – certification of unions, labour-

management relations, collective bargaining and unfair labour

practices;

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Workplace health and safety;

Employment standards, including general holidays, annual

leave, working hours, unfair dismissals, minimum wage, layoff

procedures and severance pay.

There are two broad categories of labour law. First, collective

labour law relates to the tripartite relationship between employee,

employer and union. Second, individual labour law concerns

employees' rights at work and through the contract for work. The

labour movement has been instrumental in the enacting of laws

protecting labour rights in the 19th and 20th centuries. Labour

rights have been integral to the social and economic development

since the industrial revolution.

Various Labour Laws of India:

It would be a Herculean task to cover all the business and

commercial laws governing SMEs in India in the present study, but

however, a humble effort is being made to cover important

enactments with references to labour welfare laws.6

Sr. Name of Act Object / Governing

1 Arbitration and

Reconciliation Act,

1996:

Act relating to alternative in

redressal of disputes amongst

parties.

2 Central Excise Act,

1944:

Act governing duty levied on

manufacture.

3 Competition Act,

2002:

Act to ensure free and fair

competition in the market.

4 Consumer Protection

Act, 1986:

Act relating to the protection of

consumers from unscrupulous

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traders/manufacturers.

5 Customs Act, 1962: Act dealing with import regulations.

6 Customs Tariff

(Amendment) Act,

2003:

Act that has put in place a uniform

commodity classification code

based on globally adopted system of

nomenclature for use in all trade-

related transactions.

7 Electricity Act, 2003: Act that regulates generation,

transmission, distribution, trading

and use of electricity and generally

for taking measures conducive to

the development of the electricity

industry, promotion of investment

and competition, protection of the

interests of consumers and the

assured supply of electricity to all

areas.

8 Environment

Protection Act, 1986:

Act providing the framework for

seeking environmental clearances.

9 Factories Act, 1948: Act regulating labour in factories.

10 Foreign Exchange

Management Act,

1999:

Act regulating foreign exchange

transactions including foreign

investment.

11 Income Tax Act, 1961: Act governing direct taxes on

income of all persons, both

corporate and non-corporate as

well as residents and non-residents.

12 Industrial

(Development &

Act governing all industries.

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Regulation) Act, 1951:

13 Information

Technology Act, 2000:

Act governing e-commerce

transactions.

14 The Prevention of

Money Laundering

Act, 2002:

Act preventing money laundering

and providing for confiscation of

property derived from, or involved

in, money laundering.

15 The Patents Act, 1970

with Patents

(Amendments) Act,

2004:

The Act amends the Patent Act,

1970 to extend the product patent

protection to all fields of

technology, including drugs, foods

and chemicals.

16 Value Added Tax Act,

2005:

Act governing the levy of tax on

sales.

17 Securitization and

Reconstruction of

Financial Assets and

Enforcement of

Security Interest Act,

2002 :

Act seeking to put in place

securitization and asset foreclosure

laws creating a legal framework for

the establishment of Asset

Reconstruction Companies.

18 The Special Economic

Zones Act, 2005:

Provides a long-term, stable policy

framework and establishes a single-

window clearance mechanism for

the establishment, development

and management of SEZs and units

operating in such zones. An SEZ is a

specifically delineated duty-free

enclave and shall be deemed to be

foreign territory for the purposes of

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trade operations and duties and

tariffs.

19 Payment of Wages

Act, 1936:

The Payment of Wages Act was

enacted during the British Rule in

1936 on the recommendations of

the Royal Commission on Labour.

The Act regulates the payment of

wages to workers and ensures that

they are disbursed by the employers

within the stipulated time frame

and without any unauthorized

deductions.

20 Contract Labour

[R&A] Act 1970:

Every principle employer who

intends to employ contract Labor in

his Establishment/Factory shall

make an application in specified

form to the concerned authority of

the area in which the establishment

sought to be registered is located.

21 Payment of Bonus Act

1965:

The payment of Bonus Act is

applicable to every factory and

every other establishment in which

twenty or more persons are

employed on any day during an

accounting year excluding some

categories of employees as

contained in section 32 of the Act

(i.e. employees in Life Insurance –

Corporation, seamen, port and dock

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workers, universities, etc.).

22 Minimum Wages Act: A Minimum Wages Bill was

introduced in the Central

Legislative Assembly on 11.4.48 to

provide for fixation of minimum

wages in certain employments. It

was passed in 1948 and came into

force with effect from 15.3.48.

23 Dock Workers (Safety,

Health & Welfare) Act,

1986P:

contains provisions for the health,

safety and welfare of workers

working in ports/docks.

24 Mines Act, 1972: Contains provisions for measures

for the health, safety and welfare.

25 Maternity Benefit Act,

1961:

Regulates employment of women

before and after child birth and

provides for 12 weeks maternity

leave, medical bonus and certain

other benefits.

26 Payment of Gratuity

Act, 1972:

Provides for payment of gratuity @

15 days’ wages for every completed

year of service or part thereof, in

excess of seven months.

The Labour Laws can be categorized under the following four

broad categories, namely:

1. Labour Laws enacted by Central Government and also

enforced by Central Government.

2. Labour Laws enacted by Central Government enforced by both

Central Government as well as State Government

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3. Labour Laws enacted by Central Government and enforced by

the State Government.

4. Labour Laws enacted and enforced by State Government (The

List given herein is restricted to labour laws frequently

encountered by Industries in Maharashtra)

Labour Policy of India:

Labour policy in India has been evolving in response to

specific needs of the situation to suit requirements of planned

economic development and social justice and has two fold

objectives, namely maintaining industrial peace and promoting the

welfare of labour.

Labour Policy Highlights:

Creative measures to attract public and private investment.

Creating new jobs

New Social security schemes for workers in the unorganized

sector.

Social security cards for workers.

Unified and beneficial management of funds of Welfare

Boards.

Reprioritization of allocation of funds to benefit vulnerable

workers.

Model employee-employer relationships.

Long term settlements based on productivity.

Vital industries and establishments declared as `public

utilities`.

Special conciliation mechanism for projects with investments

of Rs.150 crores or more.

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Industrial Relations committees in more sectors.

Labour Law reforms in tune with the times. Empowered body

of experts to suggest required changes.

Statutory amendments for expediting and streamlining the

mechanism of Labour Judiciary.

Amendments to Industrial Disputes Act in tune with the times.

Efficient functioning of Labour Department.

More labour sectors under Minimum Wages Act.

Child labour act to be aggressively enforced.

Modern medical facilities for workers.

Rehabilitation packages for displaced workers.

Restructuring in functioning of employment exchanges.

Computerization and updating of data base.

Revamping of curriculum and course content in industrial

training.

Joint cell of labour department and industries department to

study changes in laws and rules.

The Government has enacted a number of legislations in the

area of Social Security for the workers. The important Acts in this

regard are the Minimum Wages Act, 1948, The Payment of Bonus

Act, 1965, Workmen's Compensation Act, 1923 (now renamed

Employees Compensation Act, 1923), The Bombay Shops’ &

Establishments Act, 1948, The Employees Provident Fund and

Miscellaneous Provisions Act, 1952, the Maternity Benefit Act,

1961, the Payment of Gratuity Act, 1972 and the Employees State

Insurance Act, 1948. Several initiatives have been recently taken to

accord larger benefits to workers under these Acts as detailed

below:7

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The Minimum Wages Act, 1948:

General: The need for a country of having minimum wage

fixing machinery was stressed by the International Labour

Organization long back in 1928. Twenty years later our

country passed The Minimum Wages Act, 1948. The reason

given by the government for passing the Act was that workers

organization in the country was poorly developed and

consequently their bargaining power also was very poor. The

act is a boon to a large number of poorly paid persons in this

country.

Applicability: The Minimum Wages Act, 1948 is applicable

to various schedule of employment, which are notified by the

appropriate Government from time to time. At present in

Maharashtra Minimum Wages Act is applicable to about 70

(Seventy) Schedule of employment. The Act is applicable to all

types of employees i.e. whether they are Monthly rated, Part-

Time employees, daily rated or piece rated employees, casual,

temporary or permanent employees.

Procedure of fixing Minimum Wages : The appropriate

government has to fix and revise minimum wages either - by

appointing one or more committees and sub-committees

consisting of representatives of employers and employees and

also of independent persons to hold necessary enquiries and

by taking into consideration the advice tendered by the

committee or committees, or by formulating and publishing its

proposals and taking into consideration the representations

received in response to the proposals.

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What Minimum Wages Consist?

The Minimum Wages consist of:

a) Basic rate of wages and special allowance or cost of living

allowance or

b) Basic rate of wages with or without cost of living allowance or

c) All inclusive rates, cost of living allowance and the cash value

of the concessions if any.

Basic Wages: Once the appropriate Government declares by

its notification the Basic rate of wages for the particular

schedule of employment, than it remains constant throughout

till the Government revises it by another notifications.

Special allowance or cost of living allowance:

Generally the said allowance declares by the appropriate

authority at the fixed intervals. At present in Maharashtra the

period of special allowance is for six months i.e. January to

June & July to December.

How to pay minimum wages: The minimum wages

payable under the Act must be paid in cash. However,

employer can pay them in kind with the permission of the

appropriate Government.

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Classification of employees:

The appropriate Government classified the employees for the

purpose of declaring Basic wages as per the notifications. The

employees are classified as under:

i. Highly skilled: The employee who is a degree holder for a

particular job of work and performs the job independently

applying his own mind to do the assigned job i.e. Engineers,

Doctors, Artists, etc.

ii. Skilled: Skilled employee is one who is capable of working

efficiently, exercising considerable independent judgment and

discharging his duties responsibly i.e. Turner, Fitter etc.

iii. Semiskilled: Employee is one who does work generally of a

well-defined routine nature wherein major requirements is not

so much of the judgment, skill and dexterity, but of proper

discharge of duties assigned to him for a relatively narrow job

and important decisions are made by others.

iv. Unskilled: Employee is one who does operations that involve

the performance or previous experience although a familiarity

with the occupational environments is necessary. i.e. Helper,

Peons etc.

Different Zones:

The Minimum wages declares by the appropriate

Government differs with different Zones. The different Zones are

also notified in the Government Gazettes. Generally there are three

Zones but sometimes Government declares less than 3 Zones or

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more than 3 Zones for a particular schedule of employments. The

Zones comprises of8 –

Zone I – All municipal corporations.

Zone II – Shall comprise ‘ A ’ and ‘ B ’ category Municipal

councils and District Head Quarters.

Zone III – Comprises of all other areas not falling in Zone I

and II.

Obligation of the employer:

Where Minimum wages are fixed and enforced under Section

5 in respect of any employment covered by the Act, the employer is

bound to pay to every employee engaged in that employment

wages at a rate of not less than the Minimum rate so fixed and

enforced. Any employer shows his incapability to pay the minimum

wages, than it is irrelevant whether he has capability to pay or not.

Normal working hours:

The normal working hours prescribed for the employees

covered by the Act is of 9 hours and not more than 48 hours in a

week.

Overtime : An employee covered by the Act works for more than

9 hours on any day or 48 hours in any week, he is entitled to get

Overtime Wages at double the ordinary rate of wages.

Records to be maintained:

1. Muster Roll cum Wages Register Rule 27 (1)

2. Muster Card cum Wages slips shall be issued to employees every

month Rule 27 (2)

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3. Bound Inspection Book (Rule 28)

For records maintained on computer special permission is

required to be taken from the Competent Authority.

Inspectors:

The appropriate Government may, by Notification in the

official Gazette appoint such Persons as it thinks fit to be

inspectors for the purpose of this Act.

Claims:

Every claim for Minimum wages shall be presented to the

Notified officer within six months from the date on which the

Minimum Wages became payable.

Offences:

If any employer – pays to any employee less than the

Minimum rates of wages fixed for that employee’s class of work,

Contravenes any rate or order made by appropriate Government

regarding hours of work. He would be punished with

imprisonment up to six months or with fine up to Rs.500/- or with

both.

Jurisdiction:

Industrial Tribunal has jurisdiction of adjudication upon a

dispute relating to the fixation of Minimum Wages.

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The Payment of Bonus Act, 1965:9

General: The payment of Bonus Act, 1965 gives to the

employees a statutory right to a share in the profits of his

employer. Prior to the enactment of the Act some employees

used to get bonus but that was so if their employers were

pleased to pay the same.

Object: The object of the Act is to maintain peace and

harmony between labour and capital (i.e. employees &

employers) by allowing the employees to share the prosperity

of the establishment reflected by the profits earned by the

contributions made by capital, management and labour.

Applicability: The Act is applicable to -Every factory, Every

other establishment employing 20 (Twenty) or more persons.

The Government can, however, apply the Act to any

establishment employing less than 20 (Twenty) but not less

than 10 (Ten) persons. The Government of Maharashtra, by a

Notification dt. 11.04.1984 has applied the Act to factories and

other establishment employing 10 or more but less than 20

persons w.e.f. Accounting year 1983. Once the Act applies it

shall continuously remain in force irrespective of number of

employees fall in number i.e. once covered always covered.

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Calculation of Bonus:

The employee who is drawing salary or wages not exceeding

Rs.3,500/- per month is entitled to get bonus on entire salary

or wages.

The employee who is drawing salary or wages between

Rs.3,500/- per month and Rs.10,000/- per month, the Bonus

payable to him is to be calculated as, if his salary or wages

were Rs.3,500/- per month. An employee getting a salary or

wage exceeding Rs.10,000/- per month is not at all entitled to

get Bonus as per The Payment of Bonus Act.

Minimum & Maximum Bonus:

The employer is bound to pay his employees every year a

minimum Bonus of @ 8.33 per cent of the yearly salary or wage or

Rs.100/- whichever is higher, whether he has allocable surplus or

not. If any year the allocable surplus exceeds the amount of

Minimum Bonus payable to the employees, the maximum Bonus

payable by the employer to his employee in that particular year is

@ 20 per cent of the yearly salary or wages. Hence, Bonus is

payable to the employee between 8.33 per cent and 20 per cent as

per availability of allocable surplus.

Available surplus & allocable surplus:

The Bonus payable under the Act is linked with profits of the

company. The employer has to calculate “Gross Profit” of his

establishment in the manner specified in section 4. Than from

Gross Profit so calculated he has to deduct the sums referred to in

section 6 as prior charges. The balance amount is called available

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surplus i.e. a percentage of available surplus calculated in

accordance with the provisions of sub-section (4) of section 2 is

called allocable surplus. Where, allocable surplus exceeds the

amount of minimum Bonus payable to the employee, the Employer

must pay to every employee in respect of that year Bonus in

proportion to the salary or wages earned by the employee during

the year subject to maximum of 20 per cent of such salary or wage.

Deductions from Bonus:

In any year the employer has paid any amount to an

employee as customary / pooja bonus than he can deduct such

amount from Bonus payable to the employee for that year. If any

employee is found guilty of misconduct causing financial loss to the

employer can deduct the amount of loss from the amount of Bonus

payable to the employee for the year in which he was found guilty

of misconduct.

Time limit for payment of Bonus:

Bonus must be paid within a period of 8 months from the

close of accounting year as per Income Tax Act i.e. April to March.

2. If any dispute about the payment of Bonus pending before any

authority than Bonus must be paid within one month from the date

of Awards.

Remedy for recovery of Bonus:

If any employer fails to pay Bonus to the employee, he can

make the application for his recovery of Bonus to the competent

Authority & Authority issues a certificate to the collector to recover

the same as an arrears of land revenue i.e. Attachment of Property

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& Assets. However, the time limit for application to the Authority is

within one year from the date on which Bonus amount became

due.

The Employee's State Insurance Act, 1948:

The Employees State Insurance Act, provides for certain

benefits to employees in case of sickness, maternity and

employment injury. The Act extends to the whole of India. It

applies to all factories (including Government factories but

excluding seasonal factories) employing ten or more persons and

carrying on a manufacturing process with the aid of power or

employing 20 or more persons and carrying on a manufacturing

process without the aid of power and such other establishments as

the Government may specify. A factory or other establishment to

which this Act applies, shall continue to be governed by its

provisions even if the number of workers employed therein falls

below the specified limit or the manufacturing process therein

ceases to be carried on with the aid of power, subsequently. The

Act does not apply to the following:10

i. Factories working with the aid of power wherein less than 10

persons are employed;

ii. Factories working without the aid of power wherein less than

20 persons are employed;

iii. Seasonal factories engaged exclusively in any of the following

activities viz. Cotton ginning, cotton or jute pressing,

decortications of groundnuts, the manufacture of coffee,

indigo, lac, rubber, sugar (including gur) or tea or any

manufacturing process incidental to or connected with any of

the aforesaid activities, and including factories engaged for a

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period not exceeding seven months in a year in blending,

packing or repackaging of tea or coffee, or in such other

process as may be specified by the Central Government;

iv. A factory which was exempted from the provisions of the Act

as being a seasonal factory will not lose the benefit of the

exemption on account of the amendment of the definition of

seasonal factory

v. Mines subject to the Mines Act, 1952;

vi. Railway running sheds;

vii. Government factories or establishments, whose employees are

in receipt of benefits similar or superior to the benefits

provided under the Act and Indian naval, military or air forces.

The appropriate Government may exempt any factory or

establishments or class of factories or establishments or any

employee or class of employees from the provisions of this Act.

Employees Entitled:

Every employee (including casual and temporary employees),

whether employed directly or through a contractor, who is in

receipt of wages up to Rs. 10,000 p.m. is entitled to be insured

under the E.S.I. Act. However, apprentices engaged under the

Apprentices Act are not entitled to the E.S.I. benefits. Coverage of

part time employees under the ESI Act will depend on whether

they have contract of service or contract for service with the

employer. The former is covered whereas the latter are not covered

under the E.S.I Act. Besides, in the following cases, the employees

have been held to be covered under the Act:

i. persons employed in a canteen of a club,

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ii. drivers employed by the Transport organization,

iii. persons engaged in distribution and sale of products,

iv. persons carrying administrative work of processing the

orders and executing sales,

v. hawkers employed for sale of products,

vi. employees of cycle stand and canteen run in cinema theatres

by contractors,

vii. members of editorial and administrative staff of a printing

press publishing newspaper,

viii. a home worker rolling beedies at home,

ix. medical representative,

x. persons employed in a hospital attached to and maintained

by factory,

xi. part-time doctor employed for ambulance room,

xii. book binders engaged by a contractor, and

xiii. sales clerk working in a factory.

Maternity Benefit Act, 1961 and Workmen’s

Compensation Act, 1923:

An employer/establishments covered under the E.S.I. Act is

exempt from the provisions of Maternity Benefit Act and

Workmen’s Compensation Act. It is specifically provided that when

a person is entitled to any of the benefits provided by the Act, then

he shall not be entitled to recover any similar benefits admissible

under the provisions of any other enactment.11

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Employers / Employees Contribution:

The employer is required to contribute at the rate of 4.75 per

cent of the wages paid/payable in respect of every wage period. The

employees are also required to contribute at the rate of 1.75 per

cent of their wages, except when the "average daily wages in a

wage period" are equal to or less than Rs. 50. Employees earning

less than and up to Rs. 50 per day are exempted from payment of

contribution. It is the employers’ responsibility to deposit his own

as well as employees’ contributions in respect of all employees

including the contract labour, into the E.S.I. Account. The

employer may deduct the employees’ contribution from his wages

in respect of the period for which the contribution is payable.

Employee Benefits Sickness Benefit:

Every insured employee is entitled to the cash benefit for the

period of sickness occurring during any benefit period and certified

by a duly appointed medical practitioner if the contributions in

respect of him were payable for not less than (78 days) in the

corresponding contribution period. However, in the case of a newly

appointed employee, eligible for the first time who has got shorter

contribution period of less than 156 days, he shall be entitled to

claim sickness benefit if he pays contribution for not less than half

the number of days available for working in such contribution

period. The benefit is payable at the standard benefit rate,

corresponding to his daily average wages. The benefit is, however,

not payable for any day on which the employee works, remains on

leave, holiday or strike, in respect of which he receives wages.

Sickness benefit shall be allowed to an employee for any day on

which he remains on strike, if:12 -

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i. he is receiving medical treatment and attendance as an

indoor patient in any E.S.I. hospital or a hospital recognized

by the E.S.I. Corporation for such treatment; or

ii. he is entitled to receive extended sickness benefit for any of

the diseases for which such benefit is admissible; or

iii. he is in receipt of sickness benefit immediately preceding the

date of commencement of notice of the strike given by the

Employees Union to the Management of the

factory/establishment.

iv. No sickness benefit shall be payable for the first two days of

sickness following, at an interval of not more than 15days,

after the sickness in respect of which sickness benefits were

last paid.

v. Further no sickness benefit shall be payable to any person for

more than 91 days in any two consecutive benefit periods.

Conditions to Be Observed:

Any person in receipt of sickness benefit:

a. shall remain under medical treatment at the ESI dispensary

or hospital and carry out the instructions of the medical

officer;

b. shall not do anything which retards or reduces his chances of

recovery;

c. shall not leave the area where medical treatment is provided

without medical officers permission;

d. shall get himself examined by the medical officer.

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Maternity Benefit:

A periodical cash benefit is payable to an insured woman

employee, in case of confinement, miscarriage, medical

termination of pregnancy, premature birth of a child, or sickness

arising from pregnancy, miscarriage, etc., occurring or expected to

occur in a benefit period, if the contributions, in respect of her

were payable for at least (70 days) in the two immediately

preceding contribution periods. The benefit is payable at twice the

standard benefit rate or Rs. 20, whichever is higher, for all days on

which the she does not work for remuneration during the period

prescribed as under.13

Disablement Benefit:

Disablement benefit is payable in the form of cash

installments, to an employee who is injured in the course of his

employment and is, permanently or temporarily, disabled, or

contacts any occupational disease. It is sufficient if it is proved that

the injury was caused by an accident arising out of, and in the

course of employment, no matter when it occurred, and where it

occurred. The accident shall be deemed to have arisen out of and in

the course of employment unless there is evidence to the contrary,

i. where an accident happens while the employee is traveling in

employers transport, to or from his place of work;

ii. where an accident happens in or about any premises at which

the employee is employed for the purposes of his employers

trade or business, while the employee is taking steps, in an

emergency, to rescue, secure or protect persons who are

injured or imperiled or to avert or minimize serious damage

to property;

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iii. where the employee is at the time of the accident acting in

contravention of any law or any safety rules and instructions,

if the employee is acting for the purpose of, and in

connection with, the employers trade or business.

The employee claiming any disablement benefit is required

to furnish a medical certificate as prescribed under the regulations.

The employee is also required to observe certain conditions as to

medical examination etc., as prescribed for sickness benefit. The

benefit for temporary disablement is, however, not payable for any

day on which the employee works, remains on lease, holiday or

strike, in respect of which he receives wages. However,

disablement benefit for temporary disablement shall be allowed to

an employee for any day on which he remains on strike, if:

i. he is receiving medical treatment and attendance as an

indoor patient in any ESI hospital or a hospital recognized by

the ESI corporation, for such treatment; or

ii. he is in receipt of such disablement benefit immediately

preceding the date of commencement of notice of the strike

given by the Employees Union to the management of the

factory/establishment.

Obligations of employers:

i. The employer should get his factory or establishments

registered with the E.S.I. Corporation within 15 days after the

Act becomes applicable to it, and obtain the employers Code

Number.

ii. The employer should obtain the declaration form from the

employees covered under the Act and submit the same along

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with the return of declaration forms, to the E.S.I. office. He

should arrange for the allotment of Insurance Numbers to

the employees and their Identity Cards.

iii. The employer should deposit the employees and his own

contributions to the E.S.I. Account in the prescribed manner,

whether he has sufficient resources or not, his liability under

the Act cannot be disputed. He cannot justify non-payment

of E.S.I. contribution due to non-availability of finance.

iv. The employer should furnish a Return of Contributions along

with the challans of monthly payment, within 30 days of the

end of each contribution period.

v. The employer should not reduce the wages of an employee on

account of the contribution payable by him (employer).

vi. The employer should cause to be maintained the prescribed

records /registers namely the register of employees, the

inspection book and the accident book.

vii. The employer should report to the E.S.I. authorities of any

accident in the place of employment, within 24 hours or

immediately in case of serious or fatal accidents. He should

make arrangements for first aid and transportation of the

employee to the hospital. He should also furnish to the

authorities such further information and particulars of an

accident as may be required.

viii. The employer should inform the local office and the nearest

E.S.I. dispensary/hospital, in case of death of any employee,

immediately.

ix. The employer must not put to work any sick employee and

allow him leave, if he has been issued the prescribed

certificate.

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x. The employer should not dismiss or discharge any employee

during the period he/she is in receipt of

sickness/maternity/temporary disablement benefit, or is

under medical treatment, or is absent from work as a result

of illness duly certified or due to pregnancy or confinement.

The Bombay Shops’ & Establishments Act, 1948:14

General: Legislation to regulate conditions of work in Shops

& Commercial Establishments has been in force in the state of

Maharashtra for nearly 57 years. The first Shops Act of the

State was enacted in 1939. The Present Shops &

Establishments Act, 1948 is an improved version of the 1939

Act. Though the Present Act has undergone several

improvements during the last 48 years. But it has failed to

fulfill the legitimate expectations of its beneficiaries due to its

inadequate provisions & unsatisfactory implementations.

Applicability: This Act is applicable to all Commercial

Establishments, Shops, Residential Hotels & Clubs,

Restaurants, Eating Houses, Theatres Other Places of Public

Amusement or Entertainment. This Act is also applicable to

Factories having total manpower less than 10 with the aid of

power & less than 20 without the aid of power.

Exemptions : The Establishment of the Central Government

& State Government are exempted from all the Provisions of

the Act, further The Government by issuing a General

notification can temporarily exempt all the establishments

from all or some of the Provisions of the Act by suspending the

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operation of such provision on account of any holidays or

festive occasions. The Government by issuing special

notifications can permanently exempt any establishment from

all or some of the Provisions of the Act by making such

provisions inapplicable to that establishment on account of the

Special requirement of that establishment.

Registration: The Employer of an establishment has to

apply to the Inspector of the Local Area concerned in the

prescribed form (Form – A) along with the prescribed Fees for

Registration of the firm under the Act. After the Scrutiny &

Inspection the Inspector will issue Registration Certificate to

the Establishment.

Change / Amendment in Certificate: If there is any

change in the particulars mentioned in the Certificate the

employer has to notify the same to the Inspector by applying

in the prescribed form (Form – E) along with prescribed fees &

get the Registration Certificate suitably amended.

Renewals: The employer has to get the Registration

Certificate renewed every year by applying to the Inspector in

prescribed form (Form – B) accompanied by prescribed fees.

The employer can get it renewed for the period of maximum 3

(Three) years. The application for renewal may be made before

15 days from the Expiry of period of registration Certificate.

Closure of Business Activities: At the time of Closure of

Business Activities the employer has to notify to the Inspector

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within 10 days of his Closure Activities, then the Inspector will

cancel the registration of the Establishment.

Issue of Duplicate Certificate: If registration certificate is

lost, destroyed or defaced, the employer should apply for

duplicate certificate with prescribed fee for duplicate

certificate.

Working hours: The main restrictive provisions about

working hours are as follows:

Opening hours:

oShops: Not earlier than 7.00 a.m.

oShops selling Milk, vegetables etc.: not earlier than

5.00a.m.

oRestaurants, Eating Houses etc.: Not earlier than 5.00 a.m.,

however, working hours for preparation may start from

04.30 a.m.

Closing hours:

o Shops: Latest by 8.30 p.m.

o Shops selling Pan/Bidi etc. : Latest by 11.00 p.m.

o Restaurants, Eating Houses etc. : Latest by 12.00

midnight.

o Theatres, Public Amusement or Entertainment: Latest by

00.30 a.m.

Working hours for an employee:

An employee in a Shop or Commercial Establishment cannot

be required or allowed to work more than 9 hours in a day

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(Excluding Lunch hours) & 48 hours in a week. Interval /

Rest: An employee must be allowed an interval of rest of at

least one hour after 5 hours of continuous work.

Spread-over work:

o An employee working in a shop or commercial

establishment his spread over work cannot exceed 11

hours in a day.

o For Hotel, Restaurants & Eating house- Spread over work

cannot exceed 12 hours in a day.

o For Theatre, public Amusement or entertainment –

Spread over work cannot exceed 11 hours in a day.

Weekly Holiday: Every Shop & Commercial Establishment

must remain closed on one day of the week. No deduction can

be made from the wages of any employee in a shop or

commercial establishment on account of any day on which it

has remained so closed. For Hotels, Restaurants, Eating House

& Theatres an employee must be given at least one day in a

week as a holiday.

Public Holidays: In addition to annual Leave with pay an

employee is entitled to a paid holiday on 26th January, 1st May,

15th August & 2nd October every year.

Leave with Wages: The Main provisions are as under:

An employee is entitled to annual Leave with Pay for 21 days

for 240 days of work in a Calendar year. An employee who has

not worked for 1 calendar year is entitled to leave with pay 5

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days for every 60 days of work. Leave with Pay can be

accumulated up to 42 days. A discharged employee is entitled

to leave for the balance of Leave to his credit.

Overtime Work: When any employee is required to work

overtime he must be paid for such work at double the rate of

his ordinary wages.

Minimum Wages: Any employee working in Shops or

Commercial Establishments shall get minimum Wages.

The Ministry of Labour & Employment of India:

The Ministry of Labour & Employment is one of the oldest

and important Ministries of the Government of India. The main

responsibility of the Ministry is to protect and safeguard the

interests of workers in general and the poor deprived and

disadvantaged sections of the society, in particular. Further it aims

to creating a healthy work environment for higher production and

productivity and to develop and coordinate vocational skill training

and employment. At present, there are 44 labour related statutes

enacted by the Central Government dealing with minimum wages,

accidental and social security benefits, occupational safety and

health, conditions of employment, disciplinary action, formation of

trade unions, industrial relations, etc. The list of Central Acts is

annexed. Government's attention is also focused on promotion of

welfare and providing social security to the labour force both in

organized and unorganized sectors, in tandem with the process of

liberalization. These objectives are sought to be achieved through

implementation of various labour laws, which regulate the terms

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and conditions of service and employment of workers. The State

Governments are also empowered to enact legislations, as labour is

a subject in the concurrent list under the Constitution of India.15

Industrial Relations:

Maintenance of harmonious industrial relations remains an

avowed objective of Ministry of Labour & Employment. Due to

constant endeavor of the Industrial Relations Machineries of both

Centre and the States, the overall industrial relations climate has

generally remained peaceful and cordial. The number of incidences

of strikes and lockouts which were 456 in 2005 has exhibited a

declining trend and were 99 (Provisional) in 2010. The mandays

lost on account of these disturbances were 29.66 million in 2005

and 0.16 million in 2010 (Provisional) and show variations over

this period. As regards the spatial/industry wise dispersion of the

incidences of strikes and lockouts, there exists widespread

variation among different States / UTs. Wage & Allowance, Bonus,

Personnel, Indiscipline & Violence and Financial Intermediaries

(excluding insurance & pension funds) are the major reasons for

these strikes and lockouts.16

Employees Provident Fund Organisation (EPFO):

The Employees Provident Fund and Miscellaneous

Provisions Act, 1952 (EPF & MP Act) provides for compulsory

provident fund, pension and deposit-linked insurance in factories /

establishments employing twenty or more employees in industries

mentioned in Schedule to the Act. The Government of India

through the EPFO administers the Employees Provident Fund and

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Miscellaneous Provisions Act, 1952 and the following three

Schemes framed there under:

Employees Provident Fund Scheme, 1952;

Employees Pension Scheme, 1995 and

Employees Deposit-Linked Insurance Scheme, 1976.

The progress achieved and the reforms introduced by the

EPF organisation under various areas are given below:

Membership: As on 31.03.2011, there were 6,60,546

establishments covered under the Act.

Media Campaign: An Awareness Campaign on project

'Pehchan' and on the Commitments made during the Diamond

Jubilee Year of ESIC (2010-11) through Print Media,

Hoardings and Radio, T.V. Commercials have been launched

throughout India in Hindi, English and respective vernacular

languages of the States to bring awareness and educate various

stake- holders about making of their 'Pehchan Cards'. The

Wellness Mobile Van was launched for preventive medical

care. 2,750 were exempted establishments. The total

membership in the Employees Provident Fund was 615.89

lakh with membership in the Pension Fund being 551.21Iakh.

Claim settlement: During. 2010-11, 72.49 lakh members’

claims were settled.

Contribution by Members: Total corpus of cumulative

contributions received against all three Schemes administered

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by EPFO as on 31.03.2011 stand at Rs.438023.94 crore.

During the year 2010- 11, the total contributions received

under all three Schemes amounted to Rs.60648.29 crore.

Rate of interest: The rate of interest declared on the

deposits of members to the Employees Provident Fund was 9.5

per cent for 2010-11. During the year, 606.65 lakh annual

statements of accounts were issued to members of un-

exempted establishments.

Compliance: During the year 2010-11, 7,233 prosecution

cases were launched against defaulting establishments under

section 14 of the EPF & MP Act, 1952 with 2,313 cases being

decided. 12,771 Recovery Certificates for amount of Rs.235.15

crore dues under EPF Scheme were issued under section 8 of

the Act. 10,776 Recovery certificates were issued against dues

of Rs.137.97 crore under Employees Pension Scheme, 1995

and 10,833 Recovery Certificates were issued against dues of

Rs.12.01 crore under EDLI Scheme. 369 FIRs and 8 challans

were filed by the police in various courts under section

406/409 of Indian Penal Code for recovery of dues from

defaulting establishments.

The Maharashtra Labour Welfare Fund Act, 1953:

The Act provides for the constitution of a fund for the

financing of activities to promote welfare of labour in the state of

Maharashtra. Any establishment which is covered under the

Bombay Shops and Establishments Act, 1948 or employs at least 5

employees is required to make bi-annual contributions in the

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months of June and December every year to the Maharashtra

Labour Welfare Fund with respect to each of its employees

including contract labourers except those employed in managerial

capacity or supervisory role drawing monthly salary of more than

Rs. 3,500. For this purpose, apart from paying its own contribution

with respect to each employee covered under the statute, the

employer needs to deduct a contribution amount from the salary of

the employee as well and submit such amount to the labour welfare

fund. For this purpose, employers are allotted code numbers. The

Government also adds some contribution with this which goes to

the Labour Welfare Fund administered by a Welfare

Commissioner. The employer has to apply for allotment of code

number to the Welfare Commissioner, Maharashtra Labour

Welfare Board.17

International Labour Organization:

The ILO was created in 1919, as part of the Treaty of

Versailles that ended World War I, to reflect the belief that

universal and lasting peace can be accomplished only if it is based

on social justice. The Constitution was drafted between January

and April, 1919, by the Labour Commission set up by the Peace

Conference, which first met in Paris and then in Versailles. The

Commission, chaired by Samuel Gompers, head of the American

Federation of Labour (AFL) in the United States, was composed of

representatives from nine countries: Belgium, Cuba,

Czechoslovakia, France, Italy, Japan, Poland, the United Kingdom

and the United States. It resulted in a tripartite organization, the

only one of its kind bringing together representatives of

governments, employers and workers in its executive bodies.18

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The Constitution contained ideas tested within the

International Association for Labour Legislation, founded in Basel

in 1901. Advocacy for an international organization dealing with

labour issues began in the nineteenth century, led by two

industrialists, Robert Owen (1771-1853) of Wales and Daniel

Legrand (1783-1859) of France. The driving forces for ILO's

creation arose from security, humanitarian, political and economic

considerations. Summarizing them, the ILO Constitution's

Preamble says the High Contracting Parties were 'moved by

sentiments of justice and humanity as well as by the desire to

secure the permanent peace of the world...'

There was keen appreciation of the importance of social

justice in securing peace, against a background of exploitation of

workers in the industrializing nations of that time. There was also

increasing understanding of the world's economic interdependence

and the need for cooperation to obtain similarity of working

conditions in countries competing for markets. Reflecting these

ideas, the Preamble states:

1. Whereas universal and lasting peace can be established only if

it is based upon social justice;

2. And whereas conditions of labour exist involving such injustice

hardship and privation to large numbers of people as to

produce unrest so great that the peace and harmony of the

world are imperiled; and an improvement of those conditions

is urgently required;

3. Whereas also the failure of any nation to adopt humane

conditions of labour is an obstacle in the way of other nations

which desire to improve the conditions in their own countries.

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The areas of improvement listed in the Preamble remain

relevant today, for example:

1. Regulation of the hours of work including the establishment of

a maximum working day and week;

2. Regulation of labour supply, prevention of unemployment and

provision of an adequate living wage;

3. Protection of the worker against sickness, disease and injury

arising out of his employment;

4. Protection of children, young persons and women;

5. Provision for old age and injury, protection of the interests of

workers when employed in countries other than their own;

6. Recognition of the principle of equal remuneration for work of

equal value;

7. Recognition of the principle of freedom of association;

8. Organization of vocational and technical education, and other

measures.

The ILO has made single contributions to the world of work

from its early days. The first International Labour Conference held

in Washington in October 1919 adopted six International Labour

Conventions, which dealt with hours of work in industry,

unemployment, maternity protection, night work for women,

minimum age and night work for young persons in industry. The

ILO was located in Geneva in the summer of 1920 with France's

Albert Thomas as the first Director of the International Labour

Office, which is the Organization's permanent Secretariat. Under

his strong impetus, 16 International Labour Conventions and 18

Recommendations were adopted in less than two years. This early

zeal was quickly toned down because some governments felt there

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were too many Conventions, the budget too high and the reports

too critical. Yet, the International Court of Justice declared that the

ILO's domain extended also to international regulation of

conditions of work in the agricultural sector. A Committee of

Experts was set up in 1926 as a supervisory system on the

application of ILO standards. The Committee, which exists today,

is composed of independent jurists responsible for examining

government reports and presenting its own report each year to the

Conference.

National Labour Cooperatives Federation of India Ltd

(NLCF):

National Labour Cooperatives Federation Of India Ltd

(NLCF) is an apex organization of Indian Labour Cooperative

Movement established in the year 1981, working under the aegis of

Ministry of Agriculture, Government of India. NLCF's main

objective is to organize, promote, co-ordinate, help and develop the

working of Labour Cooperatives for economic and social

development of unorganised sector, the poor labourers consisting

of economically weaker sections of the society mainly SC/ST &

OBCs. NLCF is representing 44,143 Labour Contract/Construction

& Forest Labour Cooperatives with their 215 District,17 State Level

Federations, having membership of 27.30 lakhs workers. Presently

Labour contract cooperative societies are executing the works more

than 2350 crore per year. Main activities of NLCF are being run

with the financial support of Ministry of Agriculture, Government

of India.19

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The objectives of the National Labour Cooperatives

Federation Of India Ltd shall be to protect economic and social

interests and to work for advancement of the labourers in India

and to organize, promote, co-ordinate, help and develop the

working of labour co-operatives. In furtherance of this object, the

National Federation may also undertake following activities:20

To organize, promote and develop labour cooperatives, their

district and/ state level unions/federations.

To promote the economic interests of its members including

their affiliated societies vis-a-vis NLCF to obtain work from

work awarding agencies and to ensure the execution through

labour cooperatives to improve the financial position of NLCF

and to provide regular work to member cooperatives round the

year.

To set up industries, plants, kiln etc., in collaboration with

other cooperatives for the manufacture of construction

material, equipments and allied products to facilitate the

working of member cooperatives

To assist in marketing, import or export and carry on agency

business of every kind to procure, store and distribute material

required or manufactured by the member societies and/or their

affiliated units.

To lease or operate mineral mines for the production and

supply of construction material and allied industries including

decoration works.

To supply tools, implements, accessories and sophisticated

machinery to its members or their affiliated societies on hire

purchase or hire system.

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To establish technical wing and to make available know-how

and technology relevant to the work of affiliated societies.

To represent the cause of labour cooperative movement at

various levels.

To promote and develop the labour cooperative programme in

India, to educate, guide and assist the labourers in their efforts

to build up and expand the labour cooperative sector and to

serve as an exponent of labour cooperative opinion.

To improve the economic, moral, physical and social condition

of the members of the labour cooperatives.

To arrange publication of literature, books and periodicals to

maintain\par information bureau, library, labour cooperative

education training programme and to convene seminars,

conferences, exhibitions and to organize, assist, guide and help

such activities at state and other levels.

To organize and carry on research in the economic, social and

developmental aspects of the labour cooperatives.

To suggest activities for reducing unemployment and under-

employment of the forest dwellers and other labourers.

To raise funds to own purchase, sale or mortgage movable and

immovable property and to construct building for office use,

imparting training to unskilled workers of construction

industry and allied subject with hostel facilities, if needed.

The National Federation may undertake the agency for export

of labour to abroad from ministry of labour.

The National Federation may execute different projects of

Central & State Governments and other agencies to provide

social services to members/non-members i.e. child, women

and release bonded labour etc.

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National Federation can work as financial institution for

availing the finance from Financial Institutions/Banks/Other

institution for lending tats affiliated organisations/Institutions.

National Federation can undertake the work for providing

Security Services and the supply of skilled as well as unskilled

labourers to cooperatives as well as other organizations

Labour Welfare Officer:

In India the Government has enacted a number of laws

providing for the welfare of industrial workers. One such law the

Factory Act, 1948 requires industrial concerns to appoint Labour

Welfare Officers so that the due interests of workers are adequately

protected. Accordingly, each unit provides for one such

functionary. He is appointed and paid by the management of the

industrial unit concerned. Functioning from within the unit, he

ensures that the management of his unit suitable and effectively

provides for the welfare of the workers, as per the requirements of

the law.21

Role & Responsibility of Welfare Officer under Factory

Act Rules:

to encourage provision of amenities such as canteens, shelters

for rest, crèches, adequate latrine facilities, drinking water,

sickness and benevolent scheme payments, pension and

superannuation funds, gratuity payments, granting of loans

and legal advice to workers;

to help the factory management in regulating the grant of leave

with wages and explain to the workers the provisions relating

to leave with wages and other leave privileges and to guide the

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workers in the matter of submission of application for grant of

leave for regulating authorized absence;

to advise on provision of welfare facilities, such as housing

facilities, foodstuffs, social and recreational facilities,

sanitation, advice on individual personnel problems and

education of children;

to bring to the notice of the factory management the

grievances of workers, individual as well as collective, with a

view of securing their expeditious redress and to act as a

liaison officer between the management and labour;

to establish contacts and hold consultations with a view to

maintaining harmonious relations between the factory

management and workers;

to study and understand the point of view of labour in order to

help the factory management to shape and formulate labour

policies and to interpret these policies to the workers in a

language they can understand;

to watch industrial relations with a view of using his influence

in the event of a dispute between the factory management and

workers and to help to bring about a settlement by persuasive

effort;

to advise on fulfillment by the management and the concerned

departments of the factory of obligations, statutory or

otherwise, concerning regulation of working hours, maternity

benefit, medical care, compensation for injuries and sickness

and other welfare and social benefit measures;

to promote relations between the concerned departments of

the factory and workers which will bring about productive

efficiency as well as amelioration in the working conditions

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and to help workers to adjust and adapt themselves to these

working environments;

to encourage the formation of Works and Joint Production

Committees, Cooperative Societies and Welfare Committee,

and to supervise their work;

to advise the factory management on questions relating to

training of new starters, apprentices, workers on transfer and

promotion, instructors and supervisors, supervision and

control of notice board and information bulletins to further

education of workers and to encourage their attendance at

technical institutes; and

to suggest measures which will serve to raise the standard of

living of workers and in general promote their well- being.

Welfare Officers not to deal with disciplinary cases or appear

on behalf of the management against workers. No Welfare

Officer shall deal with any disciplinary cases against workers

or appear before a conciliation officer in a court or tribunal on

behalf of the factory management against a worker or workers.

References:

1. Monga, M.L. (1980) - Implementation of labour laws in

Haryana - Punjabi University Journal.

2. Mishra. S. N. (1997) - Labour and Industrial Laws - Central

law Publications, Allahabad

3. Report of National Commission on Labour, Government of

India, 2002.

4. Sharanappa Saidapur And Jayakumar Sindhe (2013) -

Implications Of Labour Legislations In India: A Realistic

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Assessment - Indian Streams Research Journal, Volume 3,

Issue. 5.

5. Kala, S. “Social Security of Unorganized sector workers”,

HRD Times, Chennai, November, 2008.

6. Paromita Goswami (2009) - A Critique of the Unorganized

Workers Social Security Act - Economic & Political Weekly,

Mumbai.

7. Anjali Ganesh and Vijayi D Souza (2008) - Social Security

and Welfare Measures at New Mangalore Port Trust: A

Case Study”, The ICFAI Journal of Management Research,

Hyderabad, August 2008, Vol. VII, No. 8

8. Deepika, M.G. (2008) - A Relook into the Measurement of

Human Welfare and Happiness - HRM Review, Hyderabad.

9. Sudansu Rath (2010) - Public choice, Public Policy and

Social Welfare in a Democratic Country: A Theoretical

Analysis - International Journal of Economics, Serials

publications, New Delhi, Vol.2, No.2

10. Mukul G. Asher (2009) - Pension Plans, Provident Fund

Schemes and Retirement Policies: Indian Social Security

Reform Imperative - ASCI Journal of Management,

Hyderabad, September 2009, Vol.39, No.1.

11. Hitesh I. Bhatia (2010) - Social Security for the Most

Overlooked Human Resources in India - HRM Review,

Hyderabad.

12. Jeya A and Kirubakaran Samuel (2010) - A Study on

Impact of Social Welfare Schemes on Rural women in

Cuddalore District - International Journal of Rural

Development and Management Studies, Haryana, Vol.4,

No.1.

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13. Krishana Raj (2005) - Socio-economic conditions of women

workers in the Garment Industry in Bombay - SNDT

Women’s University

14. Venkateswarlu, V. (2008) - Social Security Measures for the

Empowerment - HRD Times, Chennai.

15. http://www.labour.nic.in

16. http://www.labour.nic.in

17. The Maharashtra Labour Welfare Fund Act, 1953 -

http://blog.ipleaders.in/the-maharashtra-labour-welfare-

fund-act-1953

18. http://www.ilo.org

19. Bhatia,K.L., (1986) - Administration of Workmen’s

Compensation Law: A socio Legal Study - Deep and Deep

Publications , New Delhi.

20. Mathur, D.C., (1993) - Personnel problems and labour

welfare - Mittal Publications, New Delhi.

21. Ravi Duggal (2006) - Need to Universalize Social Security -

Economic & Political Weekly, Mumbai, Vol.41, No. 32.