Child Labour

Way back in 1979, Government formed the first committee called Gurupadswamy Committee to study the issue of child labour and to suggest measures to tackle it. It observed that as long as poverty continued, it would be difficult to totally eliminate child labour and hence, any attempt to abolish it through legal recourse would not be a practical proposition.

The Committee felt that in the circumstances, the only alternative left was to ban child labour in hazardous areas and to regulate and ameliorate the conditions of work in other areas.

Based on the recommendations of Gurupadaswamy Committee, the Child Labour (Prohibition & Regulation) Act was enacted in 1986. The Act prohibits employment of children in certain specified hazardous occupations and processes and regulates the working conditions in others.

A National Policy on Child Labour was formulated in 1987. The Policy seeks to adopt a gradual & sequential approach with a focus on rehabilitation of children working in hazardous occupations & processes in the first instance. The Action Plan outlined in the Policy for tackling this problem is as follows: Legislative Action Plan for strict enforcement of Child Labour Act and other labour laws to ensure that children are not employed in hazardous employments, and that the working conditions of children working in non-hazardous areas are regulated in accordance with the provisions of the Child Labour Act. It also entails further identification of additional occupations and processes, which are detrimental to the health and safety of the children.

Focusing of General Developmental Programmes for Benefiting Child Labour - As poverty is the root cause of child labour, the action plan emphasizes the need to cover these children and their families also under various poverty alleviation and employment generation schemes of the Government. Project Based Plan of Action envisages starting of projects in areas of high concentration of child labour. In 1988, the National Child Labour Project (NCLP) Scheme was launched in 9 districts of high child labour endemicity in the country. Running of special schools for child labour withdrawn from work. In the special schools, these children are provided formal/nonformal education along with vocational training, a stipend of Rs.100 per month, supplementary nutrition and regular health check ups so as to prepare them to join regular mainstream schools

Under the Scheme, funds are given to the District Collectors for running special schools for child labour. Most of these schools are run by the NGOs in the district. State Governments, which are the appropriate implementing authorities, have been conducting regular inspections and raids to detect cases of violations. The coverage of the NCLP Scheme has increased from 12 districts in 1988 to 100 districts in the 9th Plan to 250 districts during the 10th Plan. Strategy for the elimination of child labour under the 10th Plan

Some of the salient points of the 10th Plan Strategy are as follows: Expansion of National Child Labour Projects to additional 150 districts.

Linking the child labour elimination efforts with the Scheme of Sarva Shiksha Abhiyan of Ministry of Human Resource Development to ensure that children in the age group of 5-8 years get directly admitted to regular schools and that the older working children are mainstreamed to the formal education system through special schools functioning under the NCLP Scheme. Work along with other Schemes of the Departments of Education, Rural Development, Health and Women and Child Development for the ultimate attainment of the objective in a time bound manner.

In addition, 21 districts have been covered under INDUS, a similar Scheme for rehabilitation of child labour in cooperation with US Department of Labour. For the Districts not covered under these two Schemes, Government is also providing funds directly to the NGOs under the Ministrys Grants-in-aid Scheme for running Special Schools for rehabilitation of child labour.

Elimination of child labour is the single largest programme in this Ministrys activities. Government has allocated Rs. 602 crores for the Scheme during the 10th Plan
The implementation of NCLP and INDUS Schemes is being closely monitored through periodical reports, frequent visits and meetings with the District and State Government officials.

Women labour
WOMENS ACCESS TO EDUCATION AND SKILLS / VOCATIONAL TRAINING: women lag behind men in terms of access to education Womens Vocational Training programme was launched in 1977 under the Directorate General of Employment & Training (DGE&T) The programme aims at improving employability of women in wage/selfemployment through skill training/development. Under this programme, a separate Womens training wing has been set up at DGE&T Headquarters, which is responsible for designing and pursuing long term policies related to providing vocational training to women in the country.

As part of the programme, in the Central Sector, one National and ten Regional Vocational Training Institutes have been set up in different parts of the country. Besides the structured long-term courses, these institutes also organize need-based short term / ad-hoc courses for general women groups housewives, students, school drop-outs, etc. And refresher training programmes in advance skills / pedagogy for ITI instructors.

PROTECTION OF THE INTEREST OF WOMEN WORKERS

A separate Cell for Women Labour was set up in 1975. Formulation and coordination of policies and programmes for the female labour force within the framework of national manpower and economic policies. Maintaining liaison with other Government agencies to secure effective implementation of the programmes in respect of women workers. Monitoring the implementation of the Equal Remuneration Act,1976.Setting up of an Advisory Committee under the Equal Remuneration Act,1976. Giving grants-in-aid to Non-Governmental Organisations/ Voluntary Organisations to formulate and execute action oriented projects for women workers.

EMPLOYMENT OF WOMEN PROTECTIVE LEGAL PROVISIONS The Contract Labour(Regulation & Abolition)Act, 1970 - Provision of crches where twenty or more women are ordinarily employed as contract labour. - Female contract labour to be employed by any contractor between 6.00 A.M. and 7.00 P.M. with the exception of mid-wives and nurses in hospitals and dispensaries. The Maternity Benefit Act, 1961 - Maternity benefits to be provided on completion of 80 days working. - Not required to work during six weeks immediately following the day of delivery or miscarriage.

-No work of arduous nature, long hours of standing likely to interfere with pregnancy/normal development of foetus or which may cause miscarriage or is likely to affect health to be given for a period of six months immediately preceding the period of one week before delivery.
- On medical certificate, advance maternity benefit to be allowed.Rs.250.00 as Medical bonus to be given when no prenatal confinement and post natal care is provided . The Equal Remuneration Act, 1976 Payment of equal remuneration to men and women workers for same or similar nature of work protected under the Act. No discrimination is permissible in recruitment and service conditions except where employment of women is prohibited or restricted by or under any law.

The Employees State Insurance (General) Regulation, 1950 - Claim for maternity benefit becomes due on the date medical certificate is issued for miscarriage, sickness arising out of pregnancy, confinement or premature birth of child.
The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. - Representation of a women member on Building and other Construction Worker Welfare Boards. - Provisions for maternity benefit to female beneficiaries of the Welfare Fund. - Provision for crches where more than 50 female construction workers are ordinarily employed.

The Employees State Insurance (General) Regulation, 1950

Claim for maternity benefit becomes due on the date medical certificate is issued for miscarriage, sickness arising out of pregnancy, confinement or premature birth of child. The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. Representation of a women member on Building and other Construction Worker Welfare Boards.

Provisions for maternity benefit to female beneficiaries of the Welfare Fund.

Provision for crches where more than 50 female construction workers are ordinarily employed.

The Industrial Employment (Standing Orders) Act, 1946. Provision regarding safeguards against sexual harassment of women workers at their work places. CHILD CARE CENTRES Statutory provisions have been made in certain Labour laws for organizing child care centers for the benefit of women workers. 1. The Factories Act, 1948, 2. The Beedi & Cigar Workers (Conditions of Employment) Act, 1966, 3. The Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 The Plantation Labour Act, 1951, provides that the women workers be provided time-off for feeding children.

AGRICULTURAL LABOUR One of the most distinguishing features of the rural economy of India has been the growth in the number of agricultural workers, cultivators and agricultural labourers engaged in crop production. They usually get low wages, conditions of work put an excessive burden on them, and the employment which they get is extremely irregular
Agricultural workers constitute the most neglected class in Indian rural structure. Their income is low and employment irregular. Since, they possess no skill or training, they have no alternative employment opportunities either.

Seasonal unemployment is a characteristic feature of Agricultural Industry and underemployment of man power is inherent in the system of family farming

Adult male agricultural labourers were employed on wages for 189 days in agricultural work and for 29 days in non-agricultural work i.e. 218 day in all. They were self-employed for 75 days.

Casual male workers found employment for only 200 days, while attached workers were employed for 326 days in a year. Women workers employed for 134 days in a year.

Classification of Agricultural Labourers : 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.

Measures taken by the Government to improve the Conditions of Agricultural Labourers :

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)

The Building & Other Construction Workers Welfare Cess Act, 1996 . ( 28 of 1996 ) An Act is provided 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.

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.
The Central Government may, by notification in the Official Gazette, exempt any employer or class of employers in a State from the payment of cess payable under this Act where such cess is already levied and payable under any corresponding law in force in that State. Responsibility for enforcement of the Act primarily lies with the State Governments.

Differently Abled
Schemes and Initiatives From providing aids and appliances, scholarships, awards and monetary benefits to reservations in government jobs and incentives for private employers to promote employment of such persons, the government's approach has been multifaceted. Some schemes for empowerment of Persons with Disabilities and concessions offered by the government are:Assistance to Disabled Persons for Purchase / Fitting of Aids and Appliances (ADIP Scheme) Deendayal Disabled Rehabilitation Scheme to promote Voluntary Action for Persons with Disabilities

Scheme of National Awards for Empowerment of Persons with Disabilities Scheme of National Scholarships for Persons with Disabilities Scheme of Integrated Education for the Disabled Children Scheme for providing Employment to Persons with Disabilities in the Private Sector - Incentives to the Employers Conveyance Allowance

Income Tax Concessions

 Reservation of

Jobs & Other Facilities For Disabled Persons

Financial Assistance to Person with Disabilities Equal Insurance Benefits A person with visual disability can now access the Government portals using assistive technologies such as screen readers and magnifiers.

CONTRACT LABOUR (REGULATION & ABOLITION) ACT, 1970

Object of the Act To regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith.

Applicability Every establishment in which 20 or more workmen are employed or were employed on any day of the preceding 12 months as contract labour.
Every contractor who employs or who employed on any day of the preceding twelve months 20 or more workmen.

Welfare measures to be taken by the Contractor Contract labour either one hundred or more employed by a contractor for one or more canteens shall be provided and maintained. First Aid facilities. Number of rest-rooms as required under the Act. Drinking water, latrines and washing facilities. Sec. 16 & 17 Liability of Principal Employer To ensure provision for canteen, restrooms, sufficient supply of drinking water, latrines and urinals, washing facilities. Principal employer entitled to recover from the contractor for providing such amenities or to make deductions from amount payable. Sec. 20

Muster Roll, Wages Register, Deduction Register and Overtime Register by Contractor

Every contractor shall Maintain Muster Roll and a Register of Wages in Form XVI and Form XVII respectively when combined.

Register or wage-cum-Muster Roll in Form XVII where the wage period is a fortnight or less.
Maintain a Register of Deductions for damage or loss, Register or Fines and Register of Avances in Form XX, from XXI and Form XXII respectively. Maintain a Register of Overtime in Form XXIII. To issue wage slips in Form XIX, to the workmen at least a day prior to the disbursement of wages.

Obtain the signature or thumb impression of the worker concerned against the entries relating to him on the Register of wages or Muster Roll-Cum-Wages Register. When covered by Payment of Wages Act, register and records to be maintained under the rules Muster Roll, Register of wages, Register of Deductions, Register of Overtime, Register of Fines, Register of Advances, Wage slip. Rule 79 To display an abstract of the act and Rules in English and Hindi and in the language spoken by the Majority of workers in such forms as may be approved by appropriate authority Rule 80 To display notices showing rates of wages, hours of work, wage period, dates of payment, names and addresses of the inspector and to send copy to the inspector and any change forwithwith Rule 81

Social Security
Social Security schemes are designed to guarantee at least long-term sustenance to families when the earning member retires, dies or suffers a disability. it helps people to plan their own future through insurance and assistance
.

Organized and Unorganized Sectors

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.

SOCIAL SECURITY LAWS

The Employees State Insurance Act, 1948 (ESI Act)

The Employees Provident Funds & Miscellaneous Provisions Act, 1952 (EPF & MP Act)
The Workmens Compensation Act, 1923 (WC Act),

The Maternity Benefit Act, 1961 (M.B. Act),

The Payment of Gratuity Act, 1972 (P.G. Act), Separate Provident fund legislation exists for workers employed in Coal Mines and Tea Plantations in the State of Assam and for seamen.

EMPLOYEES PROVIDENT FUNDS & MISC. PROVISIONS ACT, 1952 & THE SCHEMES Applicability Every establishment which is factory engaged in any industry specified in Schedule 1 and in which 20 or more persons are employed.
Any other establishment employing 20 or more persons which Central Government may, by notification, specify in this behalf. Any establishment employing even less than 20 persons can be covered voluntarily u/s 1(4) of the Act.

Benefits Employees covered enjoy a benefit of Social Security in the form of an unattachable and unwithdrawable (except in severely restricted circumstances like buying house, marriage/education, etc.) financial nest egg to which employees and employers contribute equally throughout the covered persons employment. This sum is payable normally on retirement or death. Other Benefits include Employees Pension Scheme and Employees Deposit Linked Insurance Scheme.

SCHEME

EMPLOYEES

EMPLOYERS

Goverment

Provident Scheme

Fund

12%

Amount > 8.33% (in case where contribution is 12% of 10%) 10% (in case of certain Establishments as per details given earlier)

NIL

Insurance Scheme

NIL

0.5
8.33% out of Fund (Diverted Provident

NIL

Pension Scheme

NIL

1.16%

EMPLOYEES STATE INSURANCE

Applicability of the Act & Scheme Is extended in area-wise to factories using power and employing 10 or more persons and to non-power using manufacturing units and establish-ments employing 20 or more person upto Rs.7500/- per month w.e.f. 1.4.2004. It has also been extend-ed upon shops, hotels, restaurants, roads motor transport undertakings, equipment maintenance staff in the hospitals. Rate of Contribution of the wages Employers 4.75% Employees 1.75%

Benefits
To the employees under the Act

Medical, sickness, extended sickness for certain diseases, enhanced sickness, dependents maternity, besides funeral expenses, rehabilitation allowance, medical benefit to insured person and his or her spouse.

MATERNITY BENEFIT ACT, 1961

Object of the Act To protect the dignity of motherhood and the dignity of a new persons birth by providing for the full and healthy maintenance of the woman and her child at this important time when she is not working. Cash Benefits Leave with average pay for six weeks before the delivery. Leave with average pay for six weeks after the delivery. A medical bonus of Rs.25 if the employer does not provide free medical care to the woman. An additional leave with pay up to one month if the woman shows proof of illness due to the pregnancy, delivery, miscarriage, or premature birth. In case of miscarriage, six weeks leave with average pay from the date of miscarriage.

Non Cash Benefits/Privilege Light work for ten weeks (six weeks plus one month) before the date of her expected delivery, if she asks for it. Two nursing breaks in the course of her daily work until the child is 15 months old. No discharge or dismissal while she is on maternity leave. No change to her disadvantage in any of the conditions of her employment while on maternity leave. Pregnant women discharged or dismissed may still claim maternity benefit from the employer. Exception : Women dismissed for gross misconduct lose their right under the Act for Maternity Benefit

PAYMENT OF GRATUITY Applicability: Every factory, mine, oil field, plantation, port, railways, company, shop, establishment or educational institutions employing 10 or more employees Qualifying period: On rendering of 5 years service, either termination, resignation or retirement. Calculation Piece-rated employee @ 15 days wages for every completed year on an average of 3 months wages

WORKMENS COMPENSATION ACT, 1923 Amount of compensation Where death of a workman results from the injury An amount equal to fifty per cent of the monthly wages of the deceased workman multiplied by the relevant factor on an amount of eighty thousand rupees, whichever is more.
Where permanent total disablement results from the injury. An amount equal to sixty per cent of the monthly wages of the injured workman multiplied by the relevant factor or an amount of ninety thousand rupees, whichever is more