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