ASSIGNMENT ON SOCIAL SECURITY AND LABOUR WELFARE

SUBMITTED TO: Prof. Manvinder Tandon

SUBMITTED BY: LOVLEEN MBA-3(A)

Social security in India

In our country social security programmes have been in existence since times of immemorial and joint families, Panchayats, religious and charitable institutions have continued to provide assistance to those who are needy for various common risks, misfortunes and calamities. The joint Hindu family was the original cell of security cell of security and first line of defense which could cope only with limited misfortunes. In case of longer calamities, appeal was made to the neighbors or the guilds. References to such guides are found in Rig-Veda, Upanishads and in other ancient Indian literature. Their main purpose was collective security of life and property, freedom from want and misery, and security against common risks. But organized social security measures in statutory form are of only of recent origin. Our constitution guarantees social security in the following words The State shall, in particular, direct its policy towards security: (a) Right to an adequate means of livelihood. [Article 39(a)] (b) The state shall within the limits of its economic capacity and development, make effective provision for securing public assistance in case of unemployment, old-age, sickness, disablement and other cases of undeserved wants. (Article 41) (c) The state shall endeavor to secure to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life.(Article 43) The Government of Uttar Pradesh introduced old-age assistance scheme in 1957. The scheme was designed to pay a monthly benefit to needy people over the age of 70 years who have no relatives liable and able to support them. Similar schemes were established in Andhra Pradesh in 1961, Tamil Nadu in 1962, Punjab and Haryana in 1963 and subsequently in most other states. However, different states have different eligibility conditions and provide different levels of benefit. Some have also liberalized the conditions of entitlement contained in the original legislation and some have extended the provisions of the legislation to cover physically handicapped people or widows and deserted women. It is estimated that about 3 million of needy old and disabled people received social assistance benefits from the various states in 1980-81

Social Security legislation in India in the industrial field consists of the following enactments: (1) The Workmens Compensation Act, 1923; (2) The Employees State Insurance Act, 1948; (3) The Employees Provident Funds and Miscellaneous Provisions Act, 1952; (4) The Maternity Benefit Act, 1961; (5) The Payment of Gratuity Act, 1972.

The Workmens Compensation Act is being administered exclusively by the State Governments/ Union Territory administrations. The Employees Provident Funds and Miscellaneous Provisions Act is administered by the Government of India through the Employees Provident Fund Organization. In the administration of the Employees State Insurance Act, the Central Government and State Governments share the responsibility. Cash benefits under the ESI Act are administered by the Central Government through the Employees State insurance Corporation (ESIC), whereas medical care under the ESI Act is being administered by the state governments and Union Territory Administrations. The payment of Gratuity Act is being administered by the Central Government in establishments under its control, and also establishments having branches in more than one state, major port, mines,oil fields and the railways; and by the respective State governments and Union Territory Administrations in all other cases. In mines and circus industry, the provisions of the Maternity Benefit Act are being administered by the Central Government through the Chief Labor Commissioner (central) and by the State Governments in factories, plantations and other establishments. On the whole, the social security legislation of our country suffer from such defects as uneven scope ,inadequacy of benefits ,duplication and overlapping provisions,and different administrative authorities for implementation and enforcement . The study group (195758) appointed by the Government of India has recommended for integration of various social security measures with a unified scheme of administration and contribution,providing for medical care and coverage against sickness,maturity,employment injury,old age and death. As in the case with some other countries,the statutory social security schemes in India cater only for a small proportion of the population.Even all industrial workers are not

covered as smaller establishments and those drawing salaries exceeding certain limit are excluded from the benefits of the various social security programmes. A vast majority of labor force in the unorganized and agricultural sector are beyond the benefits of organized social security schemes. Social security schemes in many countries around the world have come under increasing pressure in recent years. Some of the pressures are financial,reflecting increasing maturity of the schemes and demographic developments. Others are structural as schemes adopt to cope with the changing economic and political environment, including rapid inflation, high unemployment and evolving employment patterns. Budgetary pressures may lead to a reappraisal of what can be afforded out of the public purse. Priorities need to be established and resources channeled or targeted appropriately.

Conclusion
One of the most striking features of social security is its rapid progress and improvement throughout the world. As a mechanism for meeting human needs, social security programmes have achieved near universal acceptance. Nations with widely differing political, economic and social setting have made these programmes available to their people. Even among the newest of the emerging countries and among those with the least economic development, it is a rare nation which does not have at least one social security programme in operation. Extension of coverage; higher level of benefits; new benefits for less privileged section; and innovative benefits provision are highlights of recent development. However, the problem of limited coverage has become a matter of concern to social security policy-makers, who recognize that the exclusion of ordinary people from modern forms of social protection is undesirable. Further, there is absence of comprehensive social security policies which can co-ordinate different schemes and ensure that their various objectives are complementary. In spite of certain drawbacks, social security schemes can contribute towards social protection if they are adequately supported with resources, carefully designed to meet local needs, and integrated into a national policy committed to providing adequate social protection to the excluded majority.

Laws

PRINCIPAL SOCIAL SECURITY LAWS OF INDIA Objectives Coverage Eligibility

Benefits

To provide Compensation for workmen in cases Workmen's of industrial Compensation accidents/ Act, 1923 occupational diseases resulting in desablement or death Employee's State Insurance Act,1948 To provide for health care and cash benefits in the case of sickness, maternity and employment injury

Persons employed in factories, mines plantation, railways and other establishments metioned in Schedule II of the Act Factories/ establishments to which the law is made applicable by the Govt. Factories/ establishments employing 20 or more employeees (in scheduled industries);other establishments notified by the centeral govt. Factories, mines, plantations, commercial and other establishments to which the law is extended

The Benefits are payable in respect of work-related injuries to the workers dependants not covered y the ESI Act

Compensation for death, disablement, and occupational disease

Employees drawing wages nit extending Rs. 10,000 per month

Benefits of sickness, maternity, disability dependents and death

Employee's Provident Fund and Miscellaneous Provisions Act,1952

To provide compulsory provident fund, pension, depositlinked insurance.

Employees drawing pay not exceeding Rs. 6500 per month

Provident fund, pension and refundable with drawals.

Maternity Benefit Act 1961

To provide for maternity protection before and after child birth

There is no wage limit for coverage provided the woman is not covered by the ESI act.

Payment for actual absence upto 12 weeks on average daily wages, minimum wages or Rs. 10

Payment of Gratuity Act,1972

To provide for payment of gratuity on ceasing to hold office

Factories, mines, plantations, railway companies, shops and establishments and also to other establishments to which the law is extended

Five years continuous service is requried for entitlement of gratuity.

15 days wages for every completed year of service or part thereof in excess of 6 month subjects to a maximum of Rs.350000. The seasonal employees are entitled to gratuity at a rate of 7 days wages for each season.