Académique Documents
Professionnel Documents
Culture Documents
WELFARE
PART-A
Indian Trade Union Act 1926 “ A trade union is any combination whether
temporary or permanent ,formed primarily for the purpose of regulating the
relations between workmen and employers , or between workmen and workmen,
between employers and employers, or for imposing restrictive conditions on the
conduct of any trade or business, and includes any federation of two or more trade
unions”.
Q17. Name the 6 periods in which the growth and development of trade union
occurred.
Ans. The growth and development of the labour movement and trade unions in India
can be divided into following periods:-
1. Social welfare period from 1875 to 1918.
2. Early Trade Union period from 1918 to 1924.
3. Left wing Trade Unionism period from 1924 to 1934.
4. Trade Union Unity period from 1935 to 1938.
5. Second World War period from 1939 to 1945.
6. Post Independence period from 1947 to date.
Q19. How many members together can apply for registration of Trade Union?
Ans. Any seven or more members of a trade union can apply for registration by
subscribing their names to the rules of the trade union and by complying with the
provisions of the act.
Q20. Specify the eligibility criteria for becoming a member of Trade Union.
Ans. According to section 21 of Trade union act , any person who is above the age of
15 years may become a member of the registered trade union. However it is
subject to any rules of the trade union to the contrary.
PART-B
PART-A
Q2. What are the Principal objectives of Industrial dispute Act 1947?
Ans. 1) To promote measures for securing and preserving amity and good relations
between employees and employer.
2) To make investigation and settlement of Industrial dispute.
3) To facilitate collective bargaining.
Q6. Mention other/ miscellaneous related factors which cause Industrial disputes.
Ans. Other factors:-
a) Political instability and the strained centre and state relation.
b) Corruption in industry and public life.
1. when the subject matter of the dispute is highly technical, arbitrators with an
appropriate degree of expertise can be appointed
2. arbitration is often faster than litigation in court
3. arbitration can be cheaper and more flexible for businesses
4. arbitral proceedings and an arbitral award are generally secret
5. because of the provisions of the New York Convention 1958, arbitration
awards are generally easier to enforce in other nations than court judgments
6. in most legal systems, there are very limited avenues for appeal of an arbitral
award
PART-B
PART-A
Q4. Write a short note on the need for labour welfare work.
Ans. The need for the labour welfare arises from the very nature of the industrial
system, which is characterized by two basic factors; one the conditions under
which work is carried on are not congenial for health; and second when a labourer
joins an industry, he has to work in an entirely strange atmosphere, which creates
problems of adjustment.
The working environment in a factory and long hours of job( Beyond the working
schedule) have adverse effects on the workers . Hence the need for provision of
welfare service within the premises was felt.
To make the worker adapt to new surrounding , the need for welfare services
aroused.
PART-B
Q2. What is Labour welfare? Discuss the principles of labour welfare services?
Ans. Introduction –Labour welfare definition- principles of labour welfare services-
Importance of labour welfare services-conclusion.
Q3. Define labour welfare officer. State the qualification and the duties of welfare
officer.
Ans. Introduction –Labour welfare definition- labour welfare officer-qualification and
the duties of welfare officer- conclusion.
PART-A
The Occupational Hygienist may be involved with the assessment and control of
physical, chemical or environmental hazards in the workplace that could cause
disease or discomfort. Physical hazards may include noise, temperature extremes,
illumination extremes, ionizing or non-ionizing radiation, ergonomics. Indoor air
quality (IAQ) and safety may also receive the attention of the Occupational
Hygienist. As part of this activity, the Occupational Hygienist may be called upon
to communicate effectively regarding hazard, risk, and appropriate protective
procedures; to evaluate and occasionally to design ventilation systems; and to
manage people and programs for the preservation of health and well-being of
those who enter the workplace.
Q7. What do you mean by Counseling?
Ans. It is a face to face interaction between the employee-employee, employer-
employee for resolving the psychological problem.
Under this scheme, medical care is provided to the workers through the
Employees’ State Insurance dispensaries. For outdoor and indoor patients,
hospital facilities are available. Medical aid to the family members of the workers
is also provided.
A number of benefits are provided to the workers under the scheme. A worker is
entitled to get cash payment for 91 days as sickness benefit in two consecutive
benefit periods in case the sickness is duly certified by the IMO/IMP to
compensate the loss of wages suffered on account of absentation from work.
Besides, the Extended Sickness Benefit is available to an insured persons in case
of long-term diseases at the rate of 25 per cent more than the sickness benefit for
124 days or 309 days in accordance with the disease. Insured persons undergoing
rilization under the family planning programme are entitled to cash benefit and
leave upto 7 days for vasectomy and 14 days for tubectomy. This may alsobe
extended to 14 days and 21 days, respectively as sequence to post-operative
complications. The female workers are enttitled to cash payment as maternity
benefit for confinement, premature birth of child or miscarriage. The additional
maternity benefit for 30 daysis admissible on account of sickness arising out of
confinement or pregnancy. The insured person who sustains employment injury is
entitled to get cash payment at the rate of 40 per cent more than the standard
sickness benefit. This benefit is available as long as the temporary disablement
lasts. Periodical cash benefit payments to the insured persons suffering loss of
earning capacity as a result of employment injury are available under this head.
Commutation of such payment is allowed if the Permanent Disablement Benefit
rate of the worker is upto Rs 1.50 per day. In the event of the death of insured
person as a result of employment injury, the dependents are entitled to periodical
cash benefit payments. A sum not exceeding Rs 500 is paid as a lump sum grant
to defray the funeral expenses of the deceased insured person. Insured persons are
provided artificial limbs in case of loss of limbs due to employment injury.
Hearing aids, spectacles and dentures are also provided to the insured persons
where loss of hearing impairment of eye-sight or loss of teeth are due to
employment injury. Besides, miscellaneous benefits have also been provided such
as payment of conveyance charges and loss of wages in certain cases and
remittance of money order without deduction of money order commission, etc. is
also available to insured persons.
This Scheme functions under the Employees’ State Insurance Corporation which
has its Headquarters at New Delhi. It is under the administrative control of the
Director General, Employees’ State Insurance Corporation, New Delhi. The
Scheme is executed in the State through the Regional Director, Employees’ State
Insurance Corporation, who inspects factories, collects contributing and arranges
payment of cash benefits.
Job Insecurity
Organized workplaces are going through metamorphic changes under intense
economic transformations and consequent pressures. Reorganizations, takeovers,
mergers, downsizing and other changes have become major stressors for
employees, as companies try to live up to the competition to survive. These
reformations have put demand on everyone, from a CEO to a mere executive.
Technology
The expansion of technology—computers, pagers, cell phones, fax machines and
the Internet—has resulted in heightened expectations for productivity, speed and
efficiency, increasing pressure on the individual worker to constantly operate at
peak performance levels. Workers working with heavy machinery are under
constant stress to remain alert. In this case both the worker and their family
members live under constant mental stress. There is also the constant pressure to
keep up with technological breakthroughs and improvisations, forcing employees
to learn new software all the times.
Workplace Culture
Adjusting to the workplace culture, whether in a new company or not, can be
intensely stressful. Making oneself adapt to the various aspects of workplace
culture such as communication patterns, hierarchy, dress code if any, workspace
and most importantly working and behavioral patterns of the boss as well as the
co-workers, can be a lesson of life. Maladjustment to workplace cultures may lead
to subtle conflicts with colleagues or even with superiors. In many cases office
politics or gossips can be major stress inducers.
Personal or Family Problems
Employees going through personal or family problems tend to carry their worries
and anxieties to the workplace. When one is in a depressed mood, his unfocused
attention or lack of motivation affects his ability to carry out job responsibilities.
PART-B
Q1. What do you mean by Counseling? Elaborate the steps in counseling process.
Ans. Psychological problem-Counseling definition- what for counseling is given- steps
in counseling process- its benefits.
Q5. Write a brief note on a) Safety Programmes b) Safety education c) Safety Audit.
Ans. a) Introduction to Safety- Why Safety is required- Safety Programmes- types of
safety programme conducted in industries- Advantages of safety programme-
Benefits of it.
b) Introduction to Safety- Why Safety is required- Safety Education –Safety
training Programmes- types of safety education conducted in industries-
Advantages of safety education-Benefits of it.
c) Introduction to Safety- Why Safety is required- Safety audit – benefit of Safety
Programmes- benefit of safety education & Training.
Q6. What do you mean by Industrial Health? Explain Occupational Hazards &
Occupational diseases.
Ans. Industrial health-hygiene- what for industrial health is need- Occupational
hazards- kinds of Occupational Hazards- Occupational disease –effects of
Occupational diseases- how to prevent Occupational Hazards & diseases.
PART-A
Q1. Define Social security.
Ans. Social Security protects not just the subscriber but also his/her entire family by
giving benefit packages in financial security and health care. Social Security
schemes are designed to guarantee at least long-term sustenance to families when
the earning member retires, dies or suffers a disability.
In countries (e.g., the United Kingdom) social assistance plays a considerable role
in supplementing social insurance benefits for those without other sources of
income such as sick pay or employers’ pension schemes as well as providing for
those without rights to benefits (e.g., one-parent families other than widows) or
those whose benefits have run out because they are paid only for a specific
number of months (e.g., unemployment benefits).
The United States uses what is essentially the social assistance approach for
meeting the medical care needs of low-income persons under the Medicaid
program. Ireland operates a scheme by which persons with low income can apply
for a medical card that gives them more extensive rights to free health care than
are available to other income groups. Those with low incomes in South Korea can
also apply for cards giving rights to free or nearly free health care.
Social insurance has also been defined as a program where risks are transferred to
and pooled by an organization, often governmental, that is legally required to
provide certain benefits.
Q5. Write the Objective and Purposes of the contract labour act?
Ans. OBJECTS AND PURPOSES OF THE ACT
The Contract Labour (Regulation and Abolition) Act, 1970 was brought on the
Statute Book to regulate the employment of Contract Labour in certain
establishments and to provide for its abolition in certain circumstances and for
matters connected therewith.
Q16. State the nutrition parameter that has been introduced in the child labour welfare
scheme.
Ans. NUTRITION: The amount for provision of nutrition to the children in the special
schools has been doubled from Rs. 2.50/- per child per day to Rs. 5/- per child per
day.
Q17. State the health component parameter that has been introduced in the child labour
welfare scheme.
Ans. HEALTH COMPONENT: In the existing scheme, there was no separate
budgetary provision for any health component to take care of the health-related
aspects of the children. In the revised scheme an amount of honorarium (Rs.
5,000/- per month for one doctor for every 20 schools) has been provided to put in
place an institutionalised mechanism for regular and periodical effective health
care of the children by a doctor. A health card in respect of every child also needs
to be maintained with all the necessary entries.
Q18. State the vocational training parameter that has been introduced in the child
labour welfare scheme.
Ans. VOCATIONAL TRAINING: In the existing scheme, there was no separate
budgetary provision for the services of any Master Trainer for imparting training
to the children/teachers. In the revised scheme, budgetary provision (Rs. 5,000/-
for one Master Trainer for each NCLP) has been provided to hire the services of a
Master for each NCLP.
PART-B
Q3. What are the strategies adopted by the government for elimination of child
labour?
Ans. The details are as follows:
· Expansion of the NCLPs to additional 150 districts during the five year plan.
· Ensuring that the NCLPs have a focused time frame of 5 years with clearly
defined targets.
· Linking the child labour elimination efforts with the scheme of Sarva Shiksha
Abhiyan of the MHRD an attempt to ensure that small children in the age group
of 5-8 years get directly linked to school and the older children are mainstreamed
to the formal education system through the rehabilitation centres. Increased
efforts to provide vocational training to the older children.
· Strengthening of the formal school mechanism in the endemic child labour areas
in the country both in terms of quality and numbers in such a manner as to
provide an attractive schooling system to the child labour force and its parents so
that motivational levels of both the parents and such children are high and sending
these children to school becomes an attractive proposition.
· Convergence with the ongoing schemes of the Dept. of Education, Rural
Development, Health and Women & Child Development would be critical for the
ultimate attainment of the objective of elimination of child labour in a time bound
manner.
· Large-scale involvement of the voluntary organizations at the district level to
assist in the running of the NCLP schools. The attempt during this Plan would be
to encourage the running of the rehabilitation schools only through accepted and
committed NGOs so that the Government machinery is not burdened with running
of such schools.
· Policy and programmes for elimination of child labour would be continued in a
more focused, integrated and convergent manner.
· Focused and reinforced action to eliminate child labour in the hazardous
occupations by the end of the Plan period.
Q5. Write the Objective and Purposes of the contract labour act?
Ans. The Contract Labour (Regulation and Abolition) Act, 1970 was brought on the
Statute Book to regulate the employment of Contract Labour in certain
establishments and to provide for its abolition in certain circumstances and for
matters connected therewith.
Q6. State the Penalty for not providing facilities to contract labour.
Ans. PENAL PROVISIONS
For contravention of the provisions of the Act or any rules made there under, the
punishment is imprisonment for a maximum term upto 3 months and a fine upto a
maximum of Rs.1000/-.
Q7. State the cases under which employment of contract labour can be prohibited
Ans. PROHIBITION
Apart from the regulatory measures provided under the Act for the benefit of the
contract labour, the ‘appropriate government’ under section 10(1) of the Act is
authorized, after consultation with the Central Board or State Board, as the case
may be, to prohibit, by notification in the official gazette, employment of contract
labour in any establishment in any process, operation or other work. Sub-section
(2) of Section 10 lays down sufficient guidelines for deciding upon the abolition
of contract labour in any process, operation or other work in any establishment.
The guidelines are mandatory in nature and are:-Conditions of work and benefits
provided to the contract labour. •Whether the work is of Perennial nature.
•Whether the work is incidental or necessary for the work of an establishment.
•Whether the work is sufficient to employ a considerable number of whole-time
workmen. •Whether the work is being done ordinarily through regular workman
in that establishment or a similar establishment.
However, it will be useful to refer some of the attempts made by experts in this
connection.
1.The First Agricultural Labour Enquiry Committee 1950-55 defined Agricultural
Labourer as - "Those people who are engaged in raising crops on payment of
wages"
Q9. Specify the categories in which of Agricultural Labourers have been divided.
Ans. Agricultural labourers can be divided into four categories -
1.Landless Labourers, who are attached to the land lords;
2.Landless labourers, who are personally independent, but who work exclusively
for others;
3.Petty farmers with tiny bits of land who devote most of their time working for
others and
4.Farmers who have economic holdings but who have one or more of their sons
and dependants working for other prosperous farmers.
The first group of labourers have been more or less in the position of serfs or
slaves, they are also known as bonded labourers.
Q12. Mention some of the measures taken by the Government to improve the
Conditions of Agricultural Labourers.
Ans. The Government has shown awareness of the problems of agricultural workers
and all plan documents have suggested ways and means to ameliorate the lot of
these people.
Measures adopted by the Government for ameliorating the economic conditions
of Agricultural labourers are
1.Passing of minimum wage Act.
2.Abolition of Bonded Labourers
3.Providing land to landless labourers
4.Provision of Housing cities to houseless
5.Special schemes for providing employment
i)Crash Scheme for Rural Employment(CSRE)
ii)Pilot Intensive Rural Employment Project(PIREP)
iii)Food for works programme (FWP)
iv)National Rural Employment Programme(NREP)
v)Rural Landless Employment Programme(RLEP)
vi)Drought Prone Area Programme (It was known as Rural Works Programme)
6.Jawahar Rojgar Yojana (which come in with the merger of NREP and RLEGP)
7.Desert Development Programme
8.National Scheme of Training of Rural Youth for Self Employment (TRYSM)
9.Development of Women and Children in Rural Areas (DWCRA)
10. Abolition of Bonded Labourer Act
11. Integrated Rural Development Programme(IRDP)
Q13. Write down the suggestions for the Improvement of Agricultural Labours.
Ans. The following suggestions can be made for the improvement of the socio-
economic position of the agricultural labourers :
1.Better implementation of legislative measures.
2.Improvement the bargaining position.
3.Resettlement of agricultural workers
4.Creating alternative sources of employment
5.Protection of women and child labourers
6.Public works programmes should be for longer period in year
7.Improving the working conditions
8.Regulation of hours of work
9.Improvements in Agricultural sector
10. Credit at cheaper rates of interest on easy terms of payment for undertaking
subsidiary occupation.
11. Proper training for improving the skill of farm labourers
12. Cooperative farming
Social Security Benefits in India are Need-based i.e. the component of social
assistance is more important in the publicly-managed schemes-
In the Indian context, Social Security is a comprehensive approach designed to
prevent deprivation, assure the individual of a basic minimum income for himself
and his dependents and to protect the individual from any uncertainties. The State
bears the primary responsibility for developing appropriate system for providing
protection and assistance to its workforce. Social Security is increasingly viewed
as an integral part of the development process. It helps to create a more positive
attitude to the challenge of globalization and the consequent structural and
technological changes.
The organized sector includes primarily those establishments which are covered
by the Factories Act, 1948, the Shops and Commercial Establishments Acts of
State Governments, the Industrial Employment Standing Orders Act, 1946 etc.
This sector already has a structure through which social security benefits are
extended to workers covered under these legislations.
The unorganized sector on the other hand, is characterized by the lack of labour
law coverage, seasonal and temporary nature of occupations, high labour
mobility, dispersed functioning of operations, casualization of labour, lack of
organizational support, low bargaining power, etc. all of which make it vulnerable
to socio-economic hardships. The nature of work in the unorganized sector
varies between regions and also between the rural areas and the urban areas,
which may include the remote rural areas as well as sometimes the most
inhospitable urban concentrations. In the rural areas it comprises of landless
agricultural labourers, small and marginal farmers, share croppers, persons
engaged in animal husbandry, fishing, horticulture, bee-keeping, toddy tapping,
forest workers, rural artisans, etc. where as in the urban areas, it comprises mainly
of manual labourers in construction, carpentry, trade, transport, communication
etc. and also includes street vendors, hawkers, head load workers, cobblers, tin
smiths, garment makers, etc.
(b) no women shall be required or allowed to work in any factory except between
the hours of 6 A.M. and 7 P.M. :
Provided that the State Government may, by notification in the Official Gazette,
in respect of any factory or group or class or description of factories, vary the
limits laid down in clause (b), but so that no such variation shall authorize the
employment of any woman between the hours of 10 P.M. and 5 A.M.; [ lra-114
(c) there shall be no change of shifts except, after a weekly holiday or any other
holiday.
(2) The State Government may make rules providing for the exemption from the
restrictions set out in sub-section (1), to such extent and subject to such conditions
as it may prescribe, of women working in fish curing or fish-canning factories,
where the employment of women beyond the hours specified in the said
restrictions is necessary to prevent damage to or deterioration in, any raw
material.
(3) The rules made under sub-section (2) shall remain in force for not more than
three years at a time.
Q16. Write a essay on amended made by the government in the Factories Act with
regard to the Women working in late night shifts.
Ans. THE Government March 30,2005 decided to amend the Factories Act, 1948, to
allow women to work in late night shifts, provided the employers guarantee
adequate safeguards for women workers.
"The Cabinet today decided to amend the Act so that women can also work
between 10 p.m. and 6 a.m.," the Information and Broadcasting Minister, Mr
Jaipal Reddy, told reporters after the Cabinet meeting.
The amendment of the Factories Act will provide flexibility in the matter of
employment of women during night hours, he said.
The move is likely to benefit all factories engaged in manufacturing across sectors
including textile, auto, paper, cement, shoes and drugs and pharmaceuticals since
the labour supply available for their late night shifts will logically increase.
The Factories Act, in fact, covers all those premises where 10 or more workers are
engaged in a manufacturing process "with aid of power" or where "20 or more
workers are engaged in the manufacturing process without aid of power,"
according to official sources. However, workshops where manufacturing
processes are carried out for purposes of education, training, research or
reformation could be exempted by the State Governments from all or certain
provisions of the Factories Act.
Mr Reddy added that flexible work timings for women shall be allowed "provided
adequate safeguards in the factory as regards occupational safety and health, equal
opportunity for women workers, adequate protection of their dignity, honour and
safety and their transportation from the factory premises to the nearest point of
their residence" are made.
The above law aims to provide for regulation of employment & conditions of
service of the building and other construction workers as also their safety, health
and welfare measures in every establishment which employs or employed during
the preceding year ten or more workers. The exception made is only in respect of
residential houses for own purpose constructed with a cost not exceeding Rs. 10
lakh and such other activities to which the provisions of Factories Act, 1948 and
Mines Act, 1952 apply. Some of the other main provisions of the Main Act are
given below:
1. Provision for an Advisory Committee at the Central and the State levels with
the function to advise the Governments concerned on such matters arising out of
the administration of the Act as may be referred to it.
6. Provision for health and safety measures for the construction workers in
conformity with ILO convention No.167 concerning safety and health in
construction revising the Safety Provisions (Building) Convention, 1937. For this
purpose comprehensive Central Rules i.e. Building and other Construction
Workers (Regulation of Service and Conditions of Service) Central Rules, 1998
have been notified by the Central Government.
7. Provision for constitution of safety committees in every establishment
employing 500 or more workers with equal representation from workers and
employers in addition to appointment of safety officers qualified in the field.
FUNDING
To raise the Funds for provision of various welfare measures, the Main Act
provides for constitution of Welfare Boards. The major source of the Funds shall
be collection of cess at rates not exceeding 2% of the cost of construction incurred
by an employer. The collection of funds and administration of the Welfare Boards
would be the responsibility of concerned State Governments.
GOVERNMENT POLICY
Government’s policy is to ensure that the intended benefits and advantages reach
the construction workers at the earliest and in full measure. The difficulties
experienced in implementation of these Act(s) will become more evident once the
implementation of various provisions of the Act(s) and Rules by the Central as
well as State Governments pick up momentum. Based on the experience gained
by way of implementation of the Act(s) and Rules, corrective steps, if any, will be
taken to make them more responsive to the welfare needs of the construction
workers.
ENFORCEMENT
The Building & Other Construction Workers’ Welfare Cess Act, 1996 . ( 28 of
1996 )
An Act is provide for the levy and collection of a cess on the cost of construction
incurred by employers with a view to augmenting the resources of the Building &
Other Construction Workers’ Welfare Boards constituted under the Building &
Other Construction Workers (Regulation of Employment and Conditions of
Service) Act,1996. It extends to the whole of India and come in to force on the
3rd day of November, 1995.
Under the Act 1% cess shall be collected from every employer where the cost of
construction is more than Rs. 10 lakhs. The proceeds of the cess so collected shall
be paid by the local authority or the State Government collecting the cess to the
Board after deducting the cost of collection of such cess not exceeding 1% 0f the
amount collected.
Responsibility for enforcement of the Act primarily lies with the State
Governments/UTs