Management of Industrial relations concept social security
Social
security is the protection given by society to its members against
contingencies of modern life such as sickness, unemployment,
Old age, invalidity, industrial accidents etc..
The
basic purpose of social security is to protect people of small
Means from risks which impair a person’s ability to
support himself and his family.
The
security measure is generally specified by law.
Types:
Social
security benefits are provided in two major ways in India
a. Social insurance: a common fund is established with
periodically contributed from workers(which generally doesn’t exceed their
paying capacity) out of which all benefits in cash or kind are paid.
The primary purpose of the
fund is to provide for a minimum standard living to the beneficiaries during
the period of partial or total loss of income.
b. Social assistance: here, benefits are offered are to
persons of small means by the government out of its general revenues. under
Social security scheme the following benefits are commonly provided in India
a. Medical care
b. Sickness benefit in cash
c.
Old age pension
d. Retirement benefit
e.
Invalidity
benefit
f.
Maternity benefit
g.
Accident benefit
h. Survivor’s benefit
Social
security in India:
The
govt of India, with a view that there would be “no peace without social justice
and no justice without Social security” annexed certain prolusion to secure the Social security of industrial
workers. some of them are:
a. The workmen’s compensation act 1923
b. The employee’s state insurance act 1948
c.
The maternity
benefit act 1961
d. The employee’s provident funds act 1952
The worker’s compensation act 1923:
The act
followed the British model with some changes suit to Indian conditions.
Objective:
The main objective of the act is to impose an
obligation upon the employer to pay compensation to the workmen who suffers
partial or total in capacity for more than 3 days resulting in a loss in
earning capacity.
Silent features of the act:
a. Coverage: It is applicable to workers in factories,
mines, plantations, transportations, construction works, railways, ships and
hazards occupations.
It doesn’t applied to casual workers,
worker under ESI act and members of armed forces.
b. Administration: The
commission appointed by various state governments over see the implementation
of the act provisions
Benefits:
this act requires 3 conditions for
claiming compensation for the employer.
1. There must be an injury
2. It should be caused in an accident
3. It should be caused during the course of employment
Through this event if employs gets occupational
develops symptoms of it, the employer is liable to pay compensation to the
workmen in employment for a certain period.
The words “accident & injury “are important in this act. Accident is like unforeseen
mishap and injury may also mean a psychological suffering, not always tangible
in character.
The amount of compensation to be paid depends on the
wages, age of workmen and type of injury suffered by him.
The employer is not liable to pay compensation in the
following cases.
a. Where injury does not lead to partial for a period
exceeding 3 days.
b. Where injury not relating in death is caused by the
fault of worker.
Ex: due to influence of drinks, drugs, willful,
disobedience of an order.
Assessment:
Her employer has no obligation to ensure his liability
in case of fatal accidents many employers to small industries find it difficult
to pay compensation to workmen. The act makes no provision for medical care and
treatment in case of injury to a worker.
The ESI
act 1948:
It
provides for medical care and unemployment insurance to industrial workers
during their illness
Objective:
the basic objective is to offer social insurance to
workers in respect of three contingencies
sickness
employment injury
child birth
Feature
of the act:
a. Coverage: it
applies to all factories, other than seasonal run with power and employing 20
or more persons, it covers manual, supervising or administrative whose
remuneration in aggregate does not exceed 3000 rs per month
b. Administration: the administration of this act has been given
to the employee state insurance corporation [ESIC] its autonomous body setup by
central govt. It has representatives from state govt. Employers, employees,
medical profession and parliament.
c.
Funds: the ESI scheme is a compulsory and cotribury health
insurance scheme, here the employer contribute 4% of the wage will and employee
and 1.5% of his own wage .
d. Benefits:
under this, the ensured persons gets, primarily 3 types of medical health.
1. Out patent medical care
2. Laboratory and testing expenses
3. Hospitalization charges
It provides the benefits to more than 18 lakh ensured
employee households with 550 extensive of his throughout the country.
sickness benefits: about half the wages
upto 90 days sickness
i)maternity
benefit: all ensured women are entitled to receive cash payment for
confinement, miscarriage, sickness erasing out of pregnancy.
ii)disablement
benefit : all ensured persons are eligible disablement benefit for any injury
arising out of employment lasting not less than 3days. in case of pertinent
disablement compensation is paid in cash for life.
iii)dependence
benefit: if person dies from employment
injury his widow and children are entitled to compensation to be paid in
a certain ratio
ex: the
widow thrill her re-marriage, the son upon 18 years of age, the daughter up on
18 years of age or marriage whichever is earlier.
funeral
benefit: when an insured person
dies, family members are other dependent is entitled to receive 100 rest towards
funeral expenses. That to within three months of death.
Assessment:
The coverage of the scheme has been somewhat low. It
has not been popular with employees and unions.
The maternity
benefit act 1961:
the act provides for payment of maternity benefit to
work in workers or certain conditions.
Coverage:
It is applicable establishments not covered under the
ESI act 1948
Benefits:
a women worker
gets maternity leave up to 15 weeks, 6weeks prior to delivery and 6 weeks
immediately thereafter.
during the period full wages are paid.
an additional amount 25 rs per day is paid to women if
the employer offers no fee medical care
to claim the above the women employee must have worked
for at least 100 days in 12 months. Immediately preceding the day of her
expected delivery. During leave period, the employee should not work in any
other establishment.
The
employees provident funds act 1952:
This
act provide retirement to workers in the form of provident fund pension,
deposit linked insurance.
Coverage: it applies to the factories mentioned in schedule
where 20 or more persons are employed. it’s
not applicable to
new
establishment for 3years from the date of commencement.
Administration:
a tripartite central board of
trustees consisting of representatives of employees, employers & government
oversee of this provisions.
the benefits are as following
i)Provident fund scheme: deductions are made from the employee’s salary every
month. The employer contributes an
equivalent sum. When he leaves the company, retires, or dies-the credit balance
in his a/c with interest is paid to his nominees.
ii) Family pensions scheme 1971: when employee dies, pension is paid to his widow or
children. Under new scheme, pension is payable to an employee after his
retirement.
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