Copy of Labour Welfare With Statutory Prov

8/2/2019 Copy of Labour Welfare With Statutory Prov

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Labour Welfare&

Industrial Hygiene


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Labour Welfare

Labour :

Defined as

any hand or brain work

Undertaken for a temporary consideration

S.E. Thomas Labour consist of all human effort of body or of mind,

which is undertaken in the expectation of reward

Jevons:

Labour is any exertion ofmind and body undertakenpartly or wholly with a view to some good other thanthe pleasure deriveddirectly from the work


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Labour Welfare :

Defined as,

-efforts to make life worth for workers.

Encyclopedia of social sciences-

The voluntary efforts of the employers to establishwithin the existing industrial system, working andsometimes living and cultural conditions of theemployees beyond what is required by law, thecustoms of the industry and the conditions of themarket.

Anything done for the comfort and improvement,intellectual and social, of the employees over andabove the wages paid, which is not a necessity ofthe industry.


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Objectives of Labour welfare

Humanitarianism and social awareness

Desire for greater efficiency and output from workers

View to attract better workers

To combat the influence of outside agencies on theemployees

To avoid payment of surplus tax

Building better relations with the employees

To show off and advertise for their concern foremployees


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THEORIES OF LABOUR WELFARE

There are seven theories of Labour Welfare

The Police Theory of Labour Welfare

The Religious Theory of Labour Welfare

The Philanthropic Theory

The Trusteeship Theory

The Public Relations Theory

The Placating Theory, and

The Functional Theory


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The Police Theory

Minimum standard of welfare is necessary forlabourers.

The Police theory leads to, Passing the laws providing minimum provision of welfare

measures

Periodical supervision Punishment to employers who disobey the laws.


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The Religious Theory

Based on the concept that the man is a religiousanimal.

This theory has two aspects:

Atonment aspect, and

Investment aspect

Any good work is considered as investment.

Both the benefactor and the beneficiary are rewarded.

e.g. charitable institutions in India.


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The Philanthropic Theory

In Greek Philos means loving and anthropes means

man.

Philanthropic means loving mankind.

This theory depends onmans love for mankind. Cannot be universal and continuous.


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Trusteeship Theory

This theory is also called as Paternalistic Theory.

Industrialist or the employer holds

- the total industrial estate,

- properties, and- profits

accruing from them in trust.

Employers are like minors

Industrialists have the moral responsibility to look afterthe employees as their wards.

Workers are treated perpetual minors

Industrialists as eternal guardians.


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The Placating Theory

Timely and periodical acts of labour welfare can satisfythe workers by this theory.


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The Public Relations Theory

Provides the basis for an atmosphere of goodwillbetween

- employee and management,

- management and the public Labour welfare works as a sort of advertisement

Helps an industrialist to build healthy and good relationswith the public.

An advertisement projects good image of the companyto the public


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The Functional Theory

Called as Efficiency Theory

Welfare work is used as a means to secure, preserveand develop the efficiency and productivity of the labour.

Healthy collaboration of union and management isnecessary.

This theory provides better wages to the workers andthus increases the production.

It is a reflection of contemporary support for labourwelfare.

Improves labour participation in welfare programmes.


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Principles of Labour Welfare

There are several basic principles of Labour

Welfare for successful implementation ofwelfare programes.

1. Principle of Adequacy of wages

2. Principle of Social Responsibility of Industry3. Principle of Efficiency

4. Principle of Re-personalisation

5. Principle of Totality of Welfare

6. Principle of Co-ordination of Integration7. Principle of Association or Democratic Values

8. Principle of Responsibility

9. Principle of Accountability

10. Principle of Self-help


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LABOUR WELFARE

OFFICER


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Labour Welfare Officer

The Royal Commission on Labour appointedLabour Officer in 1831.

Recommended abolition of jobber system.

He should be subordinate to General Manager.

Qualities required - Integrity, personality, energy,the gift of understanding individuals and

linguistic facility. Had right to appoint and dismiss an individual

with consent to the departmental heads.


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Duties of the Labour Officer

Eliminate the evils and malpractices of thejobber system

Development and improvement of labour

administration in mills Serving as a liaison with the State Labour

Commissioner

Expected to discharge the policingfunction including maintenance of law andorder in an organisation.


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Factories Act of 1948 provides for the statutoryappointment of a welfare officer in a factory.

Section 49 (1) and (2) of the Factories Act,lays down that

1. In a factory wherein five hundred or more workers

are ordinarily employed the occupier shall employ inthe factory such number of welfare officers as maybe prescribed.

2. The State Government may prescribe the duties,qualifications and conditions of service of officersemployed under sub-section (i).


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Factories Act contd..

Table showing employment of WelfareOfficers, Additional Welfare Officers and/or Assistant Welfare Officers.
http://table%20showing%20employment%20of%20workers.doc/http://table%20showing%20employment%20of%20workers.doc/


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Plantations Labour Act, 1951

According to section 18(1) and (2) of thePlantations Labour Act, 1951:

1. In every plantation wherein 300 or more workers areordinarily employed the employer shall employ such

number of welfare officers as may be prescribed;2. The state government may prescribe the duties,

qualifications and conditions of service of officersemployed under sub-section 58(q).


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Mines Act 1952 In the Mines Act, 1952, under the Section

58(q). Rule 72 of the Mines Rule, 1955provides,

that every mine wherein 500 or morepersons are ordinarily employed, theowner, agent or manager has to appoint asuitably qualified person as WelfareOfficer.


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Qualifications of Welfare Officer

1. A degree of University recognised by the StateGovernment in this behalf

2. Degree or Diploma in social science (or socialwork or labour welfare in the case of

mines)recognized by the state government inthis behalf.

3. Adequate knowledge of the language spokenby the majority of workers.

4. As per Mines Rules, with addition to above Practical experience of handling labour problems in

any industrial undertaking for at least three years


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Functions of a Welfare Officer It is mainly a staff function with the role of a staff

advisor or specialist. Expected to act as an advisor, counsellor,

Mediator and liaison man between managementand labour.

Broadly classified under three areas:

1. Labour Welfare (welfare functions)2. Labour administration (personnel functions3. Labour relations (conciliation function)


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1. Labour Welfare (welfare functions)

This includes,

Advise and assistance in implementinglegislative and non-legislative provisions

relating to. health,

safety and welfare,

hours of work,

leave,

formation of welfare committees.


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2. Labour administration (personnelfunction)

This covers Organisational discipline,

Safety and medical administration

Liaison Wage and salary administration

Education of workers


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3. Labour Relations (conciliation function)

Settlement of grievances

Administration of standing orders

Steps to increase productive efficiency

Peaceful settlement of disputes

Promotion of harmonious labour-

management relations


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Duties of Welfare Officer

In exercise of the powers conferred bysub-section (2) of Section 49 andSections 50 and 112 of the Factories

Act, 1948 (LXIII of 1948) theGovernment of Maharashtra made thefollowing rules or duties,

i. To establish contacts and hold consultationsii. To bring to the notice of the factory

management the grievances of workers.


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Duties of Welfare Officer contd..

iii. To study and understand the point of view of labours

iv. To watch industrial relationsv. To advise workers against going on illegal strikes and

the management against declaring illegal lockouts andto help in preventing anti-social activities

vi. To maintain impartial attitude during legal strikes and

lock-outsvii. To advise and assist the factory management in the

fulfillment of obligations, statutory or otherwise,concerning the application of provisions of theFactories Act, 1948, and the rules made thereunder

and to establish liaison with the Factory Inspector andthe Medical Service concerning medical examinationsof employees, health records, supervision ofhazardous jobs, sick visiting and convalescence,accident prevention and supervision of safety


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Duties of Welfare Officer contd..

committee, systematic plant inspection, safety

education, investigation of accidents, maternitybenefits and workmens compensation

viii. To promote relations between factory managementand workers which

ix. To encourage the formation of Works and JointProduction Committee, Co-operative society, SafetyFirst and Welfare Committees, and to supervise thiswork

x. To advise and assist factory management in provision

of amenities such as canteens, shelters for rest,crches, adequate latrine facilities, drinking water,sickness and benevolent payments, pension andsuperannuation funds, and gratuity payments.


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STATUTORY

WELFAREPROVISIONS


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STATUTORY WELFARE SCHEMES

The statutory welfare schemes include the following provisions:

1. Facilities for sitting: In every organization, especially factories,suitable seating arrangements are to be provided.

2. First aid appliances: Recommended first by Royal Commission on Labour

First aid appliances are to be provided and should be readily assessable so thatin case of any minor accident initial medication can be provided to the neededemployee.

Persons on the staff should be able to utilise the appliances in proper mannerwhen needed

3. Canteen facilities:

Emphasis was given by Royal Commission of Labour and LabourInvestigation Committee for provision of canteen at work place.

Cafeteria or canteens are to be provided by the employer so as toprovide hygienic and nutritious food to the employees.

Canteens are broadly divided into 3 types: Canteens organised and administered by Employers directly

Canteens run by contractors

Canteens run on co-operative basis


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STATUTORY WELFARE SCHEMEScontd..

4. Facility for storing and drying clothing:This provision is incorporated only in the Factories Act. It provides

provision for keeping clothes not worn during working and for For dryingof wet clothes

5. Washing places: Was felt desirable by the Royal Commission on Labour

Commission recommended that the washing place and water should be madeavailable compulsory for the workers working in dirty processes.

Adequate washing places such as bathrooms, wash basins with tap and tap onthe stand pipe are provided in the port area in the vicinity of the work places.

6. Changing rooms: Adequate changing rooms are to be provided forworkers to change their cloth in the factory area and office premises.Adequate lockers are also provided to the workers to keep their clothes

and belongings.

7. Shelters, Rest rooms and lunch rooms: Adequate numbers ofrestrooms are provided to the workers with provisions of water supply,wash basins, toilets, bathrooms, etc.

STATUTORY WELFARE SCHEMES


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STATUTORY WELFARE SCHEMEScontd..

8. Creches:

Need was stressed by Royal Commission on Labour in 1931. The creche facility in different countries is provided either under law

or by public authorities or by local bodies.

9. Welfare officer:


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NON STATUTORY SCHEMES

Many non statutory welfare schemes may include the following schemes:

1. Personal Health Care (Regular medical check-ups): Some of thecompanies provide the facility for extensive health check-up

2. Flexi-time: The main objective of the flextime policy is to provideopportunity to employees to work with flexible working schedules. Flexible

work schedules are initiated by employees and approved by managementto meet business commitments while supporting employee personal lifeneeds

3. Employee Assistance Programs: Various assistant programs arearranged like external counseling service so that employees or members

of their immediate family can get counseling on various matters.

4. Harassment Policy: To protect an employee from harassments of anykind, guidelines are provided for proper action and also for protecting theaggrieved employee.


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NON STATUTORY SCHEMEScontd..

Maternity & Adoption Leave

Employees can avail maternity oradoption leaves. Paternity leave policies have also been introduced byvarious companies.

Medi-claim Insurance Scheme: This insurance scheme providesadequate insurance coverage of employees for expenses related tohospitalization due to illness, disease or injury or pregnancy.

Employee Referral Scheme: In several companies employee referralscheme is implemented to encourage employees to refer friends andrelatives for employment in the organization.


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Major Statutory Labour WelfareProvisions under the Labour Laws

1. Factories Act, 1948The welfare amenities provided under the Act aregiven below:

a) Washing Facilities under section 42 of the Act

Adequate and suitable washing facility, separately for menand women

b) Facilities for storing and drying clothes- under section 43of the Act

Provision for keeping clothes not worn during working

For drying of wet clothes

c) Sitting facilities S. 44

for occasional rest for workers who are obliged to workstanding

d) First-aid boxes or cupboards S. 45

one for every 150 workers

ambulance facilities - for more than 500 workers with


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Contd..

prescribed equipment under charge of qualified medical and

nursing staff.

Provision of first aid boxes and cupboards with prescribedcontents

Person who holds certificate in first aid treatment recognisedby State Government should be incharge of each box.

e. Canteens S.46

for more than 250 workers For construction of the canteen building plan should be

approved by the Chief Inspector of the factories

It must accommodate at least a dining hall, kitchen, storeroom, pantry and washing place separately for men andwomen

Dinning hall must accommodate 35 percent of total workers ata time

A portion of dinning hall and service counter should bepartitioned and reserved for women workers.

Sufficient stools, tables, benches, utensils, crockery, cutleryand other necessary equipments is must


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f. Shelters, rest rooms and lunch roomsS.47

for over 150 workers provision of drinking water

Sufficiently lighted and ventilated and to be maintainedin a cool and clean condition.

g. Crechesection 48 for more than 30 women for the use of children under

the age of 6 years

rooms must provide adequate accomodation

Adequately lighted and ventilated

Women trained in the care of children and infants

should be incharge of creche

h. Welfare officer S. 49 for 500 or more workers


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Contd..

Management are also to comply with the health

provision in the Act relating to, Cleanliness

Disposal of wastes and effluents

Elimination of dust and fumes

Artificial humidification Overcrowding

Lighting

Drinking water facilities (arrangement of cool drinking

water in summer in factories employing over 250workers)

Urinals

Latrines

Spittoons


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2) Mines Act, 1952

The main obligations of the mine owners are,a) Maintenance of creches for 50 women workersb) Provision of shelters for taking food and rest for

150 or more persons

c) Provision of canteen for 250 or more workers

d) Maintenance of first-aid boxes and first aid roomsfor more than 150 workers

e) Provision ofi. Pit head baths equipped with shower baths

ii. Sanitary latrines, andiii. Lockers, separately for men and women workers

f) Appointment of Welfare Officer for more than 500workers.

3)The Plantations Labour Act 1951


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3)The Plantations Labour Act, 1951

The following welfare measures are to be provided,a) Canteens for 150 or more workers

b) Creches for 50 or more workersc) Recreational facilities for the workers and their children

d) Educational facilities in the estate for the children of theworkers for 25 workers children between the age of 6 and12.

e) Housing facilities for every worker and his family residing inthe plantation.

f) The State Government may make rules requiring every

employer to provide the workers withi. Umbrellas

ii. Blanketsiii. Raincoats or other amenities

for the protection of workers from rain and cold as may beprescribed

g) Appointment of Welfare Officer for 300 or more workers.


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4)The Motor Transport Workers Act, 1961

The certain welfare measures and healthmeasures are,

a) Canteens for 100 or more workers

b) Clean, ventilated, well-lighted and comfortablerest rooms at every place

c) Uniforms, raincoats to drivers, conductors andline checking staff

d) A prescribed amount of washing allowancese) Medical facilities at the operating centres and

halting stations

f) First-aid facilities in every transport vehicle.


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5) The Merchant Shipping Act, 1958

Provisions relating to health and welfare cover,

a) Crew accomodationb) Supply of sufficient drinking water

c) Supply of necessities like beddings, towels, mess utensils

d) Supply of medicines, medical stores, and provision of surgical andmedical advice

e) Maintenance of proper weights and measures on board; and grantof relief to distressed seamen aboard a ship

f) A qualified medical officer on board

g) Appointment of a Seamens Welfare Officer at such ports in or

outside Indiah) Establishments of hostels, clubs, canteens, and libraries

i) Provision of medical treatment and hospitals

j) Provision of educational facilities


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6) Dock Workers (Safety, Health and Welfare)Scheme, 1961

Amenities provided in the port premisesinclude provision of

a) Urinals and latrines

b) Drinking waterc) Washing facilities

d) Bathing facilities

e) Canteens

f) Rest shelters

g) Call stands

h) First-aid arrangements


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Contd..

Other welfare measures provided are,

a) Housingb) Schools

c) Educational facilities

d) Grant of scholarships

e) Libraries

f) Sports and recreation

g) Fair price shops, and

h) Cooperative societiesThe cost of health measures and recreationfacilities shall be from the fund-the DockWorkers Welfare Fund.


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Besides the Statutory activities, some of themanagement also undertake following welfareactivities for the employees,

1. Educational facilities

2. Medical Facilities

3. Transport Facilities

4. Recreation Facilities

5. Housing Facilities

Welfare Facilities by Employer


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2. Medical Facilities

Employers provide medical facilities to their workers and their families.

In the departmental undertakings the medical facilities are provided as

applicable to government servants. In public sector undertakings, the medical facilities should form an integral part

of the project plan itself.

In public sectors well-equipped first-aid centers, ambulance rooms andeven regular hospitals are provided.

General medical treatment for diseases like T.B., Cancer, Leprosy, Mental

diseases have also been made in many hospitals. Hospitals and dispensary facilities for the treatment of workers and their

families have been provided by large plantations.

Arrangement of treatment of workers at government hospitals at their owncost.

In smaller units medical facilities are provided on joint basis by a group of

employers.


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3. Recreation facilities

Leisure time activity

Spare time occupation

It counteracts the ill-effects of life in urban areas.

In India hardly any priority is given to this activity.

Provided either statutorily or on voluntary basis

Plantations are statutorily obliged

In case of labour in coal mines, and iron ore mines the employerscontributions and welfare funds together provide this facility.

Big undertakings provide this facility voluntarily, wherein the standard of this

facility varies. Some big undertakings bear the cost of construction for buildings of

recreation and purchase sports kits.

Meet maintenance expenses and day to day recurring costs.

Jute mills Association has set up five welfare centers for leisure timepursuts.

The Ahmedabad Textile Labour Association has set up 27 welfare centersand organises various cultural activities and educational programmes fortextile workers.

Because of inadequate funds small scale industries pay very little attentiontowards the recreational facilities.

f


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Welfare Facilities by Workers

Organisations

The Workers organisations

engaged in the welfare work are,

Textile Labour Association, Ahmedabad

Steel Employees Welfare Association(SEWA) of Bhilai Steel Plant


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SEWA-

Implementing Social Scheme for socialsecurity of its members by providing

financial assistance to their families.

in case of death of the employees,

Retirement/transfer / removal, etc.

Prolonged sickness


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Contribution in the field of education

Runs 3 day and night schools,

Residential boarding house for workingclass

2 study homes for boys

69 reading rooms and libraries Adult education classes, vocational

training


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14 gymnasia, 27 physical centres

35 childrens centres

5 dispensaries

Started Workers Cooperative bank

Runs typewriting classes

Vaccination for certain diseases Few pre-nursery schools


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The other workers associations are,

Mill Mazdoor Union, Indore Runs Bal, Kanya and Mahila Mandirs

Night classes

Reading rooms

Libraries

Arranges indoor and outdoor games for workers


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The Railmens Union

Has organised cooperative societies

Provides fund for retirement, death,unemployment, sickness, etc.


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The Mazdoor Sabha of Kanpur

Reading room

Library

Dispensary for workers

Organises indoor and outdoor games

Social and cultural gatherings


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Welfare Facilities by Municipalties

The Bombay Municipal Corporation

Organises 15 welfare centers

Provide educational facilities

Nursery schools,

Indoor and outdoor games, film shows,

maternity facilities


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The Madras Municipal Corporation-

Set up centres for adult educationthrough night schools

Runs creche, canteen

Nursery school

Co-operative credit societies


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Other municipal corporations are,

Calcutta Municipal Corporation

Ajmer

Delhi

Kanpur

Welfare Facilities by Voluntary


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Welfare Facilities by VoluntaryOrganisations

The Bombay Social Service League

Promotion of education

Compensation for accidents to workers

Promoted public health and the boy

scouts movement


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The Poona and Bombay Seva Sadan Societies-

Provides educational , medical and social services tothe women and children.

The other NGOs are The Bengal Womens Institute

Hidustan Mazdoor Sevak Sangh

Assam Seva Samiti

Y.M.C.A. The Bombay Presidency Womens Council

Documents

Copy of Labour Welfare With Statutory Prov