Social Work

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Social work is a professional and academic discipline that seeks to improve the quality of life and wellbeing of an individual, group, or community by intervening through research, policy, community organizing, direct practice, and teaching on behalf of those afflicted with poverty or any real or perceived social injustices and violations of their human rights. Research is often focused on areas such as human development, social policy, public administration, psychotherapy, program evaluation, and international and community development. Social workers are organized into local, national, continental and international professional bodies. Social work, an interdisciplinary field, includes theories from economics, education, sociology,medicine, philosophy, politics, anthropology, and psychology. In many jurisdictions, clinical social workers are licensed mental health professionals History

History of social work
The concept of charity goes back to ancient times, and the practice of providing for the poor has roots in many major ancient civilizations and world religions. Social work has its roots in the social and economic upheaval wrought by the Industrial Revolution, in particular the struggle of society to deal with poverty and its resultant problems. Because dealing with poverty was the main focus of early social work, it is intricately linked with the idea of charity work, but it must now be understood in much broader terms. For instance, it is not uncommon for modern social workers to find themselves dealing with the consequences arising from many other "social problems" such as racism, sexism, homophobia, and discrimination based on age or on physical or mental ability. Modern social workers can be found helping to deal with the consequences of these and many other social maladies in all areas of the human services professions and in many other fields besides. Whereas social work started on a more scientific footing aimed at controlling and reforming individuals (at one stage supporting the notion that poverty was a disease), it has in more recent times adopted a more critical and holistic approach to understanding and intervening in social problems. This has led, for example, to the reconceptualisation of poverty as more a problem of the haves versus the have-nots rather than its former status as a disease, illness, or moral defect in need of treatment. This also points to another historical development in the evolution of social work: once a profession engaged more in social control, it has become one more directed at social and personal empowerment. That is not to say that modern social workers do not engage in social control (consider, for example, child protection

workers), and many, if not most, social workers would likely agree that this is an ongoing tension and debate in the profession. For example, see the debate between the structural social work and humanistic social work Contemporary professional development Social Work education begins in a systematised manner in higher educational institutes (universities, colleges, etc.), but it is also an ongoing process that occurs though research and in the workplace. The International Federation of Social Workers states, of social work today, that "social work bases its methodology on a systematic body of evidence-based knowledge derived from research and practice evaluation, including local and indigenous knowledge specific to its context. It recognizes the complexity of interactions between human beings and their environment, and the capacity of people both to be affected by and to alter the multiple influences upon them including bio-psychosocial factors. The social work profession draws on theories of human development, social theory and social systems to analyse complex situations and to facilitate individual, organizational, social and cultural changes." Qualifications The education of social workers begins with a Bachelor's degree (BA, BSc, BSSW, BSW, etc.) or diploma in Social Work. Some countries offer Postgraduate degrees in Social Work, like master's (such as MSW, MSS, MA, MSc, MRes, MPhil etc.) or doctoral studies (such as PhD and DSW (Doctor of Social Work)). More and more graduates of social work continue to post-doctoral studies. Some argue that social work education is a lifelong process. A number of countries and jurisdictions require registration or licensure of people working as social workers, and there are mandated qualifications.[2] In other places, a professional association sets academic requirements for admission to membership. The success of these professional bodies' efforts is demonstrated in that these same requirements are recognized by employers as necessary for employment.[3] Professional associations Social workers have a number of professional associations, which provide ethical guidance and other forms of support for their members and for social work in general. These associations can be international, continental or semi-continental, national, and

regional. The main international associations are the International Federation of Social Workers (IFSW) and the International Association of Schools of Social Work (IASSW). In the United States, the main social worker association is the National Association of Social Workers. Trade unions representing social workers In the United Kingdom, just over 50% of social workers are employed by local authorities, and many of these are represented by UNISON, the public sector employee union. Smaller numbers are members of Unite the union and the GMB (trade union). The British Union of Social Work Employees (BUSWE) has been a section of the Community (trade union) since 2008. In 2011, theBritish Association of Social Workers launched a trade union arm for the second time (it first tried this in 1976) called the Social Workers' Union, but this body is not recognised by the TUC or by any employers. Role of the professional

Main article: Role of the professional social worker
The main tasks of professional social workers can include a number of services such as case management (linking service users with agencies and programs that will meet their psychosocial needs mainly common in US and UK), counseling and psychotherapy, human services management, social welfare policy analysis, policy and practice development, community organizing, international, social and community development, hospital and aged care, advocacy, teaching (in schools of social work), and social and political research. IR Industrialization plays a vital role in the economic development of a Nation and the key resource for any industry to flourish is its ‚labour‛. If the workforce is motivated and efficient, they are capable of bringing a turn around even in industries which are not performing well. It is the responsibility of the State to safeguard the interests of workers, as envisaged in the Constitution. In order to maintain a balance between two key factors of the industry, i.e. the management and workers, the entrepreneurs are required to comply with certain regulations as are laid down in our Labour Laws. This helps to build confidence amongst the workers and maintains harmonious industrial relations between the two key partners of the industry.

The Industrial Relations (IR) Division of the Union Ministry of Labour & Employment is committed to create a harmonious employer-employee relationship in the country. This is achieved through prevention and settlement of Industrial Disputes, and strict enforcement of Labour Laws in the industrial establishments falling in the Central sphere. For this purpose, there exists a well defined and effective Central Industrial Relations Machinery (CIRM). The IR Division is also entrusted with the responsibility of policy formulation and amendment of various Central Labour Acts which primarily aim at providing an environment for harmonious industrial relations. The Acts administered by IR Division are The Industrial Disputes Act, 1947, The Trade Unions Act, 1926, The Plantations Labour Act, 1951, The Industrial Employment (Standing Orders) Act, 1946, The Weekly Holidays Act, 1942 and two State Acts, viz., The Shops & Establishments Act and The National & Festival Holidays Act. The IR Division also deals with applications for permission of Lay-off, Retrenchment and Closure received from industrial establishments falling under the Central sphere under Chapter V-B of Industrial Disputes Act, 1947. The IR Division, through the CIRM, carries out General Verification of membership of Trade Unions and the verification of membership Trade Unions in the industrial establishments falling under the Central Sphere. The cadre management of the Central Labour Service and administration of Central Government Industrial Tribunal-cum-Labour Courts (CGIT-cum-LCs) is also the responsibility of this Division. The IR Division is headed by a Joint Secretary, who is supported by three Officers of the level of Director/Deputy Secretary and a complement of Officers and Staff.

Acts administered by the IR/PL Section The subject of Labour is placed in the Concurrent List of the Constitution of India, which empowers both Central and State Governments to make laws on various labour matters. With globalization and Liberalization there had been many changes in the socio - economic conditions throughout the World. The open trade policy warranted the Labour laws to be updated to match with the changing needs. All the Labour enactments are of immense value to the nation as they have a direct bearing with the common man because Indian industries till date are manpower intensive and Workers are the most important asset/backbone of the Country whose interest cannot be compromised at any cost. The Central Labour Laws administered by the IR Division are as under:(1) (2) (3) (4) (5) Industrial Disputes Act, 1947 The Trade Unions Act, 1926 The Plantations Labour Act, 1951 The Industrial Employment (Standing Orders) Act, 1946 The Weekly Holidays Act, 1942

Besides handling the above mentioned Central Acts, the following State Acts are also examined in the Ministry to ensure whether the amendments proposed by the states are Constitutionally valid; whether there is any conflict with any existing Central Law, and, if so, whether the conflict may be consciously permitted; and whether the proposed State enactments involve any deviation from existing national or Central policy to its detriment, or would be hindrance to enactment of uniform laws for the country. (1) The Shops & Establishments Act. (2) The National & Festival Holidays Act. THE INDUSTRIAL DISPUTES ACT, 1947 The Industrial Disputes Act, 1947 came into existence in April 1947. It was enacted to make provisions for prevention and settlement of industrial disputes and for providing certain safeguards to the workers. Under this Act, authorities like Conciliation Officers, Courts of Inquiries, reference of disputes to Boards, Court and Tribunals, powers and duties of authorities, prohibition of strikes and lockouts, penalties for contravention of the provisions of the Act etc. are incorporated.

The Act contains 40 Sections divided into 7 Chapters, as under:Chapter-I deals with the title, definitions, etc. Chapter-II contains Works Committee in an industrial establishment in which one hundred or more workmen are employed consisting of representatives of employers and workmen engaged in the establishment. The main purpose of the Works Committee to promote measures for securing and preserving amity and good relations between the employer and workmen and, to that end, to comment upon matters of their common interest or concern and endeavor to compose any material difference of opinion in respect of such matters. This Chapter also provides for various authorities such as Conciliation Officers, Labour Courts and Tribunals. Chapter –III contains the main scheme of the Act such as reference of disputes to labour Courts and Industrial Tribunals. Chapter-IV lays down the procedure, power and duties of the authorities constituted under the Act. Chapter V contains provisions to prohibit strikes and lock-outs, declaration of strikes and lock-outs illegal, and provisions relating to lay-off and retrenchment and closure which are applicable to establishments employing 100 and more workers. Chapter VI contains provisions of various penalties under the Act. Chapter VII contains miscellaneous provisions. THE INDUSTRIAL DISPUTES (AMENDMENT) ACT, 2010. The Government has amended the Industrial Disputes Act, 1947 vide the Industrial Disputes (Amendment) Act, 2010. The Act has been amended after a series of tripartite consultations interalia to do away with the ambiguity in the definition of Appropriate Government and series of Judgments of the Apex Court interpreting the definition differently. The amended provisions have come into force vide Notification No.2278 (E) dated 15.9.2010. The amended Act provides for the following:


The definition of term ‘appropriate Government’ has been amplified which will eliminate all ambiguities in the interpretation of the definition of ‘appropriate Government’. Wage ceiling of the workers working in a supervisory capacity has been enhanced from one thousand six hundred rupees per month to ten thousand rupees per month. The wage ceiling has been enhanced to be in consonance with the increase in wages of industrial workers and also to bring about parity with other labour laws like Employees State Insurance Act, 1948, Payment of Bonus Act, 1965 and Payment of Wages Act, 1936.





The amended Act provide direct access for the workman to the Labour Court or Tribunal in case of disputes arising out of Section 2-A pertaining to retrenchment, discharge, dismissal or termination of services etc. Before the present amendment, such a dispute could be adjudicated by CGIT-cum LC only after a reference is made by the ‘appropriate Government’. As a consequence of this amendment, the workman can directly approach the CGIT-cum-LC after filing his grievance before the conciliation machinery to resolve the issue within 45 days if the conciliation machinery fails to resolve the issue. There will be no need for him to approach the ‘appropriate Government’ for making a reference. This amendment has enabled the aggrieved workman to choose the alternative of adjudication for resolution of his dispute faster. The amended Act provides to establish a Grievance Redressal Machinery (GRM) within industrial establishment having 20 or more workmen with one stage appeal at the head of the establishment for resolution of disputes arising out of individual grievances. With this amendment, the workman will get one more alternative grievance redressal mechanism for the resolution of his dispute within the organization itself with minimum necessity for adjudication. The concept of GRM will in no way affect the right of the workman to raise dispute on the same issue under the provision of Industrial Disputes Act, 1947. The amended Act also provides to expand the scope of qualification of Presiding Officers of CGIT-cum-LC by making officers of Central Labour Service of the rank of Deputy Chief Labour Commissioner and State Labour Department of the rank of Joint Labour Commissioner and officers of the Indian Legal Service Gr.III eligible for the post of Presiding Officer in CGIT-cum-LC. This will enable the Government to appoint the Presiding Officers from wide range of eligible officers from the relevant field. The amended Act also provides to empower the Labour Court or Tribunal to execute their awards, orders of settlements arrived at as a decree of a Civil Court. This amendment will ensure better enforcement of the awards given by CGITs-cum-LC. The amended Act empowers the Government to make rules to decide and review the salaries and allowances and other terms and conditions for appointment of Presiding Officers.









DECLARATION OF PUBLIC UTILITY SERVICE UNDER SECTION 2(N)(VI) OF INDUSTRIAL DISPUTES ACT, 1947. As per Section 2(n) (vi) of the Industrial Disputes Act, 1947, the ‘appropriate Government’ may declare any industry specified in the first Schedule of the Industrial

Disputes Act, 1947 to be a public utility service for a period of six months by issuing a Notification in the Official Gazette which may extend from time to time for any period not exceeding six months if in the opinion of the appropriate Government public emergency or public interest requires extension. IR(PL) Section examines requests received from the concerned administrative Ministry for declaration of Public Utility Services to Industries specified in the first Schedule and otherwise and wherever the Ministry feels that the same needs to be granted, Notifications are issued. THE TRADE UNIONS ACT, 1926 The Trade Unions Act, 1926 provides for registration of trade unions of employers and workers and in certain respects, it defines the law relating to registered trade unions. It confers legal and corporate status on registered trade unions. Ministry of Labour & Employment has delegated the functions of the Central Government under the Trade Unions Act, 1926 to the State Governments. Hence the Act is administered by the concerned State Governments. The Trade Unions (Amendment) Bill, 2001 was passed by the Parliament and the provisions of Trade Unions (Amendment) Act, 2001 have been enforced w.e.f. 9.1.2002. The thrust of the amendment is on reducing multiplicity of trade unions, orderly growth of trade unions and promoting internal democracy. The amendments in this Act, in brief, are as under: (i) No trade union of workmen shall be registered unless at least 10% or 100, whichever is less, subject to a minimum of 7 workmen engaged or employed in the establishment or industry with which it is connected are the members of such trade union on the date of making of application for registration. (ii) A registered trade union of workmen shall at all times continue to have not less than 10% or 100 of the workmen, whichever is less, subject to a minimum of 7 persons engaged or employed in the establishment or industry with which it is connected, as its members. (iii) A provision for filing an appeal before the Industrial Tribunal /Labour Court in case of non-registration/ restoration of registration has been provided. (iv) All office bearers of a registered trade union, except not more than one-third of the total number of office bearers or five, whichever is less, shall be persons actually engaged or employed in the establishment or industry with which the trade union is connected.

(v) Minimum rate of subscription by members of the trade union is fixed at one rupee per annum for rural workers, three rupees per annum for workers in other unorganized sectors and 12 rupees per annum in all other cases. (vi) For the promotion of civil and political interest of its members unions are authorized to set up separate political funds. THE PLANTATION LABOUR ACT, 1951 The Plantation Labour Act, 1951 provides for the welfare of plantation labour and regulates the conditions of work in plantations. The Act is administered by the State Governments and is applied to any land used as plantations which measures 5 hectares or more in which 15 or more persons are working. The State Governments are however, free to declare any plantation land less than 5 hectares or less than 15 persons to be covered by the Act. It applies to all the plantation workers whose monthly wages does not exceed Rs.750.00 per month. In every Plantation covered under the Act medical facilities for the workers and their families are to be made readily available as may be prescribed by the State Government. The Act provides for setting up of canteens, creches, recreational facilities suitable accommodation and educational facilities for the benefit of plantation workers in and around the work places in the plantation estate. The Act provides that no adult workers and adolescent or child shall be employed for more than 48 hours and 27 hours respectively a week, and every worker is entitled for a day of rest in every period of 7 days. THE PLANTATIONS LABOUR (AMENDMENT) ACT, 2010 The Plantations Labour Act, 1951 was amended vide Plantations Labour (Amendment) Act, 2010. The amended provisions have come into force vide Notification No.1303(E) dated 7.6.2010. The amended Act inter-alia provides for:












Definition of ‘employer’ has been made broad-based so as to fix the responsibility on the Directors, Partners, Lessee or the Officers of the Government entrusted with the management of the plantation. Definition of ‘family’ has been made gender neutral to remove the distinction between the family of a male and the female worker for availing dependent’s benefits. The scope of definition of ‘worker’ has been enlarged by enhancing wage ceiling from Rs.750/- to Rs.10,000/- per month. Contract workers who have worked more than





60 days in a year have also been included within the ambit of the Act. With this, such worker will also be able to avail the benefits as provided in the PLA, 1951.


The amended Act provides for a new chapter IV-A to cover all aspects of safety and occupational health of workers working in the plantations. This chapter includes provisions with regard to safeguards to be adopted in the use and handling of agrochemicals, especially insecticides, pesticides and herbicides. The amended Act will also provide for prohibition of employment of children below 14 years. The amended Act enjoins upon the State Government to provide medical facilities and recover the costs thereof from the defaulting employer. Now, the State Government will have the power and responsibility to provide for adequate medical facilities for the workers and their families in case of default by employers and recover the cost from them. A new Section 32-C has also been inserted in the Act to prescribe the manner in which compensation in case of accident shall be registered by the employer with the Commissioner in terms of the Workmen’s Compensation Act, 1923. The Amendment Bill seeks to make penal provisions more stringent for effective implementation of the Plantations Labour Act, 1951. The amended Act also makes provisions for any worker, an office bearer of the trade union of which such worker is a member, for filing a complaint regarding the commission of an offence under this Act with a provision for providing immunity to the complainant. The penal provisions for non-compliance with the provisions of the Act also have been made more stringent for ensuring the effective implementation of the Act. THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946. The Industrial Employment (Standing Orders) Act, 1946 contains a general provision requiring employers in the industrial establishments to define terms and conditions of the employment under them and to make such terms and conditions known to the workman employed by them for which they have to get the Standing Orders certified which should be in conformity with the Model Standing Order. It applies to every industrial establishment wherein one hundred or more workmen are employed or were employed on any day of the preceding twelve months viz. (i) industrial establishments as defined in Section 2(ii) of the Payment of Wages Act, 1936; (ii) Factories; (iii) Railways; (iv) establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial establishments, employs











workmen. Government is competent to extend the Act to other classes of industrial establishments or to grant exemption where necessary. Ministry has amended the paragraph 14 of the Schedule 1 and para 17 of Schedule 1(A) of the Industrial Disputes (Standing Orders) Rules, 1946 vide Notification G.S.R. 25(E) dated 19.1.2006 in compliance with the directions of the Hon’ble Supreme Court has included ‘Sexual Harassment‛ as a misconduct.

General Overview Why Do We Need Social Security 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. Thus the main strength of the Social Security system is that it acts as a facilitator - it helps people to plan their own future through insurance and assistance. The success of Social Security schemes however requires the active support and involvement of employees and employers. As a worker/employee, you are a source of Social Security protection for yourself and your family. As an employer you are responsible for providing adequate social security coverage to all your workers. Background information on Social Security India has always had a Joint Family system that took care of the social security needs of all the members provided it had access/ownership of material assets like land. In keeping with its cultural traditions, family members and relatives have always discharged a sense of shared responsibility towards one another. To the extent that the family has resources to draw upon, this is often the best relief for the special needs and care required by the aged and those in poor health. However with increasing migration, urbanization and demographic changes there has been a decrease in large family units. This is where the formal system of social security gains importance. However, information and awareness are the vital factors in widening the coverage of Social Security schemes. 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.

Workforce In India The dimensions and complexities of the problem in India can be better appreciated by taking into consideration the extent of the labour force in the organized and unorganized sectors. The latest NSSO survey of 1999-2000 has brought out the vast dichotomy between these two sectors into sharp focus. While as per the 1991 census, the total workforce was about 314 million and the organized sector accounted for only 27 million out of this workforce, the NSSO’s survey of 1999-2000 has estimated that the workforce may have increased to about 397 million out of which only 28 million were in the organized sector. Thus, it can be concluded from these findings that there has been a growth of only about one million in the organized sector in comparison the growth of about 55 million in the unorganized sector. 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. 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, beekeeping, 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. Synopsis Of Social Security Laws The principal social security laws enacted in India are the following: 1. The Employees’ State Insurance Act, 1948 (ESI Act) which covers factories and establishments with 10 or more employees and provides for comprehensive medical

care to the employees and their families as well as cash benefits during sickness and maternity, and monthly payments in case of death or disablement. 2. The Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 (EPF & MP Act) which applies to specific scheduled factories and establishments employing 20 or more employees and ensures terminal benefits to provident fund, superannuation pension, and family pension in case of death during service. Separate laws exist for similar benefits for the workers in the coal mines and tea plantations. 3. The Employees' Compensation Act, 1923 (WC Act), which requires payment of compensation to the workman or his family in cases of employment related injuries resulting in death or disability. 4. The Maternity Benefit Act, 1961 (M.B. Act), which provides for 12 weeks wages during maternity as well as paid leave in certain other related contingencies. 5. The Payment of Gratuity Act, 1972 (P.G. Act), which provides 15 days wages for each year of service to employees who have worked for five years or more in establishments having a minimum of 10 workers. Separate Provident fund legislation exists for workers employed in Coal Mines and Tea Plantations in the State of Assam and for seamen. New Initiatives – The various Central Acts on Social Security are being examined in the light of the recommendations of the 2nd National Commission on Labour. Relevant amendments are proposed in the EPF and MP Act as also the ESI Act. The consultation process is on with reference to the amendment suggestions received in case of the Maternity Benefit Act and the Workmen’s Compensation Act. Innovative measures are proposed in the running of the Social Security Schemes of EPFO and ESIC. This includes flexible benefit schemes tailored to the specific requirements of different segments of the population. Summary Of Present Initiatives In Working Of EPFO & ESIC The profiles of the Employees’ Provident Fund Organization and the Employees’ State Insurance Corporation are being changed towards greater accessibility and client satisfaction. The EPFO extends to the entire country covering over 393824 establishments. At present, over 3.9 crore EPF Members and their families get benefits under the social security schemes administered by the EPFO. The total corpus of the EPF Scheme





1952, EDLI Scheme, 1976 and Employees Pension Scheme 1995 together amounts to about Rs.1,39,000 crores. Over the years, the volume of service rendered to subscribers as well as investments made, etc. by EPFO have grown manifold. With a view to provide better services to subscribers and employers, the organization has launched the Project RE-INVENTING EPF, INDIA since June, 2001. The prime objectives of this Project are to provide the subscribers better and efficient services, to help the employers by reducing the cost of compliance and to benefit the organization to register geometric growth in all fields. An important part of this Project is the allotment of the UNIQUE IDENTIFICATION NUMBER-the SOCIAL SECURITY NUMBER to the EPF subscribers, issuing of BUSINESS NUMBERS to the employers and Business Process Re-engineering. The strategy for implementation has been evolved and the allotment of the Social Security Number has begun with the entire activity being carried out in smaller phases for effective data collection. The criteria considered for the allotment of SSN include the centralized control of Uniqueness, ensuring the least manual intervention during allotment and near 100% Uniqueness accuracy levels. The Social Security Number in a nutshell is a big effort towards solving the problem of providing social protection to migrant labour and to make the data base of EPFO adaptable to the present trend of high job mobility among workers. Social security is essential for the well being of people and society. It is the basic human right and its fulfillment will contribute to achieving various developmental goals of nation. Social Security measures have far reaching benefits in the form of improving and bringing sense of pride and self respect amongst the citizens. Such measures also help in providing the minimal level of providing protection against health and life hazards in work situations. It can progressively pay standard to social security welfare measures involving provisions of better Health Care, Maternity Care, and Old Age Pension etc. Social Security to the workers in the organized sector is provided through five Central Acts namely :1. Employees’ Provident Fund and Miscellaneous Provisions Act, 1952. 2. Employees’ State Insurance Act, 1948. 3. Payment of Gratuity Act, 1972. 4. Maternity Benefit Act, 1961. 5. Employee’s Compensation Act, 1923.

Social Security of the formal sector workers is provided through the instrumentality of Employees’ Provident Fund Organisation and Employees’ State Insurance Corporation. Employees’ Provident Fund Organisation (EPFO) The EPFO expends to the entire country covering over 7 lacs establishments. At present, over 6.16 crores EPF members and their families get benefits under Social Security Schemes administered by EPFO. The total investment corpus as on 31st March, 2011 amounts to Rs. 466370 crores. Over the years, the volume of service rendered to subscribers as well as investments made etc. by EPFO have grown many folds. EPFO has focused its effort on automation of the work processes to achieve better efficiency and improved service delivery to its members. The work done in this direction by EPFO is given below: 

All offices of EPFO barring one at Keonjhar in Odisha have been computerized. With effect from the financial Year 2012-2013 a facility for electronic submission of statutory EPF returns has been introduced. Employers can also remit their EPF dues electronically if they have a corporate internet bank account with the State Bank of India. Employers not having a corporate internet bank account with SBI shall have to pay EPF dues through cheque/DD Once the above returns are received electronically and payment is confirmed member accounts are being updated on monthly basis. Establishments can also view and print the annual PF account slips of its employees. Provisions are underway to enable the individual employees to register and view his/her EPF account online. For facilitating the employers to comply with statutory provisions of EPF and file necessary returns, an E-Return Tool has been made available. The members can now get their PF balances on their mobile phones after registering on www.epfindia.gov.in Members can also track their claims and payment status online as well as receive sms s for same. EPF amounts are being remitted electronically through NEFT to beneficiaries bank accounts.







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A proposal for comprehensive amendment of EPF & MP Act, 1952 is under examination in Ministry of Labour and Employment under consultation with EPFO for improving scale of benefits to the beneficiaries. During 2011-12, special emphasis was laid on issue of Annual Accounts Slips. 16.62 crores Annual Accounts was updated during the year against the corresponding figure of 6.06 crores during 2010-11. 96 per cent of the Annual Accounts slips upto five years from 2011-2012, have been issued. The Annual Accounts for the year 2011-2012 are likely to be liquidated by 30th September, 2012. During 2011-12, 90.5 lacs EPF claims were settled, this been 24.84 per cent more than the corresponding figure last year. During 2011-12 Rs. 60648 crores were received as contribution, Whereas Rs. 28271 crores were paid out as benefits to members. More than 36 lacs pensioners are being paid monthly pensions by EPFO. Employees’ State Insurance Corporation (ESIC) The Employees’ State Insurance Scheme provides need based social security benefits to insured workers in the organized sector. As in the case of the EPFO, the ESIC has also taken up the daunting task of tailoring different benefit schemes for the needs of different groups. The scheme, which was first introduced at two centers in 1952 with an initial coverage of 1.20 lakh workers, today covers 1.55 crore workers in about 790 centers in the country. It benefits about 6.02 crore beneficiaries including the family workers of the insured persons, across the country. The scheme is being gradually to cover new centers and steps are being taken for creation of requisite infrastructure for providing medical care to a larger number of insured persons and their families. While the cash benefits under the scheme are administered through a network of about 799 Branch offices and pay offices, medical care is provided through 150 ESI Hospitals, 42 ESI Annexes, 1403/93 ESI Dispensaries / ISM Units and 1447 Clinics of Insurance Medical Practitioners. The total number of medical officers under the Scheme is about 6536. There have been a number of developments in the ESIS during the past three years. Each year, it is extended to new areas to cover additional employees. The new employees covered in 2009-10, 2010-11 and 2011-12 are 1.23 lakh, 1.14 lakhs and 1.58 lakh respectively. Low paid workers in receipt of daily wages up to Rs. 100/- have been exempted from payment of their share of contribution. Earlier this limit was Rs. 70/- . This measure has benefited about eight lakh insured workers across the country. In order to provide relief to insured persons suffering from chronic and long term diseases, the list of diseases for which Sickness Benefit is available for an extended period up to two years at an enhanced rate of 70% of daily wages, was enlarged by adding four new diseases, keeping in view the international

classification of disease profiles and the quantum of malignancies of some diseases which had come to light over the last few years. In order to improve the standard of medical care in the States, the amount reimbursable to the State Governments for running the medical care scheme has been increased from Rs.1200/- to Rs. 1500/- Per IP family unit per annum w.e.f. 01.04.2012. The ESIC has formulated action plans for improving medical services under the ESI Scheme with focus on modernization of hospitals by upgrading their emergency and diagnostic facilities, development of departments as per disease profiles, waste management, provision of intensive care services, revamping of grievance handling services, continuing education programme, computerization and upgradation of laboratories etc. The ESIC has also taken new initiatives to promote and popularize AYUSH systems of treatment in ESIC Hospitals and Dispensaries in a phased manner. ESIC IT Project Panchdeep, one of the largest e-governance projects is under implementation at present. All ESI Institutions are being networked under this project for enabling IPs and their family members to avail ESI benefits anywhere anytime.Two smart cards christened as ‚Pehchan Cards‛, one for insured person and other for the family are being issued. Also, the ESI Act, 1948 has been amended w.e.f. 01.06.2010 for enhancing the Social Security coverage, streamlining the procedure for assessment of dues and for better services to the beneficiaries. Social Security To The Workers In The Organized Sector Social Security to the workers in the Organized Sector is provided through five Central Acts, namely, the ESI Act, the EPF & MP Act, the Workmens’ Compensation Act, the Maternity Benefit Act, and the Payment of Gratuity Act. In addition, there are a large number of welfare funds for certain specified segments of workers such as beedi workers, cine workers, construction workers etc. Social Security Coverage In India Most social security systems in developed countries are linked to wage employment. In India our situation is entirely different from that obtaining in developed countries. The key differences are: We do not have an existing universal social security system We do not face the problem of exit rate from the workplace being higher than the replacement rate. Rather on the contrary lack of employment opportunities is the key concern,

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92% of the workforce is in the informal sector which is largely unrecorded and the system of pay roll deduction is difficult to apply. Even today 1/8th of the world’s older people live in India. The overwhelming majority of these depend on transfers from their children. Addressing social security concerns with particular reference to retirement income for workers within the coverage gap has been exercising policy makers across the world. In India the coverage gap i.e. workers who do not have access to any formal scheme for old-age income provisioning constitute about 92% of the estimated workforce of 400 million people. Hence the global debate and evaluation of options for closing the coverage gap is of special significance to India. The gradual breakdown of the family system has only underscored the urgency to evolve an appropriate policy that would help current participants in the labour force to build up a minimum retirement income for themselves. a) b) c) Agricultural sector Contract, services, construction Trade, Commerce, transport, storage & Communications d) Others = 100 million. = 30 million. = = 180 million. 60 million.

___________ Total However one important classification does not ministries for different through subsidies, pds, concessions = 370 million

factor to be kept in mind on the coverage issue is that this include the various social security schemes run by other target groups. We have also not included indirect funding social assistance programmes, food-for-work programmes, tax etc.

Extension Of Coverage Currently, social security policy makers and administrators are engaged in a wideranging debate to redress the problems in providing social security in the country. This debate has thrown up various arguments on the efficacy of publicly managed social security schemes as opposed to privately managed schemes. There is no standard model that can be adopted on this issue. In the Indian context the privately managed schemes can at best be considered as supplementary schemes after

the mandatory schemes managed publicly. It is only the publicly managed scheme, which will extend to all the sectors of the workforce. The challenge of closing the coverage gap in social security provisions has to be developed at two levels. The first level involves the re-engineering of the institutional arrangements to increase efficiency. The second level is to create an appropriate legislative and administrative framework for significant increase in the social security coverage especially in the unorganized sector. In India currently only about 35 million out of a workforce of 400 million have access to formal social security in the form of old-age income protection. This includes private sector workers, civil servants, military personnel and employees of State Public Sector Undertakings. Out of these 35 million, 26 million workers are members of the Employees’ Provident Fund Organization. As such the current publicly managed system in India is more or less entirely anchored by the Employees’ Provident Fund Organisation. It may be noted that in the last 50 years, the Employees’ Provident Fund Organisation has been in existence, there has been no instance of any scam or a situation where the Fund has been exposed to speculation and risk. Another important contribution of EPF is now proposed to extend to the critical life benefit of providing shelter. The Shramik Awas Yojana aims at providing a cost effective Housing Scheme specific for EPF numbers. This involves cooperation between organizations such as HUDCO, Housing Agencies, State Governments, Employers and EPF Members with the EPFO playing the role of facilitator. The investments are directed into the prescribed securities and portfolios as per the pattern laid down by the Finance Ministry. EPFO Programs At A Glance Program name Program Type Financing


Coverage 1.67

Employees (EPF)

Provident

Fund


Mandatory

Employer: 3.67%

  

Employee:10-12% Government: None Employer: 8.33% Employee: None Government: 1.16% Employer: 0.5%
 

Firms with + 20 employees

Employees (EPS) Employees

Pension

Scheme


Mandatory 


Firms with + 20 employees Firms with + 20

Deposit

 Linked Mandatory 

Insurance Scheme (EDLI)

 

Employees: None Government: None

employees

  

ESI Contribution Rates Employees- 1.75% of wages Employers- 4.75% of wages State Govts.-1/8th share of expenditure [expenditure on medical care] A few examples of other retirement programs giving social security

(Information on extent of coverage of the labour force under these programs is not available) Program name Program Type Financing State or Central Government Employee contributions Coverage Civil servants at state and central government level Civil servants at state and central government level

Civil Service Pension Mandatory Scheme Mandatory Government Provident Fund

Special Mandatory Provident Funds

Applies to Workers in particular Employer and sectors: Coal, Mines, Tea employee Plantation, Jammu and Kashmir contributions Seamen, etc. Contributions All individuals apply are eligible to

Public Provident Voluntary Fund VRS plans Voluntary

Contributions Purchase annuity products

Employees as decided respective establishments of type All individuals

by

Personal Pension State social

Voluntary

State level Government sponsored social Government

Varies by State and type of Scheme

assistance

assistance

National Old Government Central Age Pension sponsored social Government Scheme assistance New Varishtha Initiative Pension Bima Yojana In (VPBY):

Poor persons above age 65 Social This scheme Security proposed in



the 2003-04 budget by the Ministry of Insurance Corporation of India (LIC). Its Under VPBY, any citizen above 55 years monthly pensions are pegged at Rs. 250

Finance is to be administered by the Life main featues are summarized below: of age, could pay a lump-sum, and get a and Rs. 2000 per month respectively.

  

These amounts are not indexed to inflation. There is a guaranteed return of 9 percent per annum for this scheme. The difference between the actual yield earned by the LIC under this scheme and the 9 percent will be made up by the Central Government. The Epf & Mp Act Is Proposed To Be Amended Suitably To Allow Epf Subscribers To Invest In The Vbpy.



Officers ADDITIONAL SECRETARY Mr. RAVI MATHUR Tel : 23710178 Email: mathur[dot]ravi[at]nic[dot]in DIRECTOR Mr.ANIMESH BHARTI Tel : 23719054 Email: a[dot]bharti[at]nic[dot]in

DESIGNATION Under Secretary

NAME Shri. Subhash Kumar Shri. Naresh Jaiswal

TELFAX 23766938 23765232

Email kumar[dot]subhash[at]nic[dot]in naresh[dot]jaiswal70[at]nic[dot]in

Social Security Section - I Section Officers Shri. Vinay Kumar Shri. H.K. Gandhi 23473161 23473243 vinay[dot]kumar54[at]nic[dot]in hk[dot]gandhi[at]nic[dot]in

Social Security Section - II Section Officer Shri. S.K.Brahmo 23473159 sk[dot]brahmo[at]nic[dot]in

Autonomous Organisations PRESENT INITIATIVES IN WORKING OF EPFO & ESIC The profiles of the Employees’ Provident Fund Organization and the Employees’ State Insurance Corporation are being changed towards greater accessibility and client satisfaction. The EPFO extends to the entire country covering over 393824 establishments. At present, over 3.9 crore EPF Members and their families get benefits under the social security schemes administered by the EPFO. The total corpus of the EPF Scheme 1952, EDLI Scheme, 1976 and Employees Pension Scheme 1995 together amounts to about Rs.1,39,000 crores. Over the years, the volume of service rendered to subscribers as well as investments made, etc. by EPFO have grown manifold. With a view to provide better services to subscribers and employers, the organization has launched the Project RE-INVENTING EPF, INDIA since June, 2001. The prime

objectives of this Project are to provide the subscribers better and efficient services, to help the employers by reducing the cost of compliance and to benefit the organization to register geometric growth in all fields. An important part of this Project is the allotment of the UNIQUE IDENTIFICATION NUMBER-the SOCIAL SECURITY NUMBER to the EPF subscribers, issuing of BUSINESS NUMBERS to the employers and Business Process Re-engineering. The strategy for implementation has been evolved and the allotment of the Social Security Number has begun with the entire activity being carried out in smaller phases for effective data collection. The criteria considered for the allotment of SSN include the centralized control of Uniqueness, ensuring the least manual intervention during allotment and near 100% Uniqueness accuracy levels. The Social Security Number in a nutshell is a big effort towards solving the problem of providing social protection to migrant labour and to make the data base of EPFO adaptable to the present trend of high job mobility among workers. The Employees State Insurance Scheme provides need based social security benefits to insured workers in the organized sector. As in the case of the EPFO, the ESIC has also taken up the daunting task of tailoring different benefit schemes for the needs of different worker groups. The scheme, which was first introduced at two centers in 1952 with an initial coverage of 1.20 lakh workers, today covers 71.59 lakh workers in about 678 centers in the country. It benefits about 310. 54 lakh beneficiaries including the family workers of the insured persons, across the country. The scheme is being gradually to cover new centers and steps are being taken for creation of requisite infrastructure for providing medical care to a larger number of insured persons and their families. While the cash benefits under the scheme are administered through a network of about 850 local offices and pay offices, medical care is provided through 141 ESI Hospitals, 43 ESI Annexes, 1451 ESI Dispensaries and 2789 Clinics of Insurance Medical Practitioners. The total number of medical officers under the Scheme is about 10,480. There have been a number of new developments in the ESIS during the past five years. Each year, it is extended to new areas to cover additional employees. The new employees covered varied from 30,500 in 1998, 89030 in 2000 to 46430 till Jan., 2003. Low paid workers in receipt of daily wages up to Rs. 40/- have been exempted from payment of their share of contribution. Earlier this limit was Rs. 25/. This measure has benefited about six lakh insured workers across the country. In order to provide relief to insured persons suffering from chronic and long term

diseases, the list of diseases for which Sickness Benefit is available for an extended period up to two years at an enhanced rate of 70% of daily wages, was enlarged by adding four new diseases, keeping in view the international classification of disease profiles and the quantum of malignancies of some diseases which had come to light over the last few years. The contributory conditions for this benefit were also reduced from 183 days to 156 days in the two-year period preceding the diagnosis. The ESIC has made plans to commission Model hospitals in each State. Thirteen States/ UTs have so far agreed, in principle, to hand over one hospital each to the ESIC for setting up of Model hospital. Two Hospitals have been earmarked for being developed for superspeciality medical care in cardiology, i.e., Rohini at Delhi and Chinchwad in Maharashtra. In order to improve the standard of medical care in the States, the amount reimbursable to the State Governments for running the medical care scheme has been increased to 87.5 % of Rs. 700 per capita with effect from 1.4.2003. The ESIC has formulated action plans for improving medical services under the ESI scheme with focus on modernization of hospitals by upgrading their emergency and diagnostic facilities, development of departments as per disease profiles, waste management, provision of intensive care services, revamping of grievance handling services, continuing education programme, computerization and upgradation of laboratories etc. The action plans have been in operation since 1998. The ESIC has also taken certain new initiatives to promote and popularize Indian Systems of Medicines (ISM) along with Yoga and have drawn up programmes for establishing these facilities in ESI hospitals and dispensaries in a phased manner. SOCIAL SECURITY TO THE WORKERS IN THE ORGANIZED SECTOR Social Security to the workers in the Organized Sector is provided through five Central Acts, namely, the ESI Act, the EPF & MP Act, the Workmens’ Compensation Act, the Maternity Benefit Act, and the Payment of Gratuity Act. In addition, there are a large number of welfare funds for certain specified segments of workers such as beedi workers, cine workers, construction workers etc. Association With ILO and ISSA SOCIAL SECURITY AND ILO/ISSA Government of India has accepted the international commitment that arises from the ratification of the Covenant of Social, Economic and Cultural Rights of the united

nations. This Covenant, inter alia recognises the right of everyone to social security including social insurance. India has also ratified some Conventions of the ILO including Workmen’s Compensation, (Occupational Diseases) – (No. 18 and revised Convention No. 42 of 1934); Equality of Treatment (Accident Compensation) – No. 19 of 1925; and Equality of Treatment (Social Security) – No. 1 & 8 of 1962.

About Child Labour The problem of child labour continues to pose a challenge before the nation. Government has been taking various pro-active measures to tackle this problem. However, considering the magnitude and extent of the problem and that it is essentially a socio-economic problem inextricably linked to poverty and illiteracy, it requires concerted efforts from all sections of the society to make a dent in the problem. According to the Census 2001 figures there are 1.26 crore working children in the age group of 5-14 as compared to the total child population of 25.2 crore. There are approximately 12 lakhs children working in the hazardous occupations/processes which are covered under the Child Labour (Prohibition & Regulation) Act i.e. 18 occupations and 65 processes. However, as per survey conducted by National Sample Survey Organisation (NSSO) in 2004-05, the number of working children is estimated at 90.75 lakh. It shows that the efforts of the Government have borne the desired fruits. 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. The Committee examined the problem in detail and made some far-reaching recommendations. 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. It recommended that

a multiple policy approach was required in dealing with the problems of working children. 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. The list of hazardous occupations and processes is progressively being expanded on the recommendation of Child Labour Technical Advisory Committee constituted under the Act. In consonance with the above approach, 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. Pursuant to this, in 1988, the National Child Labour Project (NCLP) Scheme was launched in 9 districts of high child labour endemicity in the country. The Scheme envisages 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.150 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.





Government has accordingly been taking proactive steps to tackle this problem through strict enforcement of legislative provisions along with simultaneous rehabilitative measures. State Governments, which are the appropriate implementing authorities, have been conducting regular inspections and raids to detect cases of violations. Since poverty is the root cause of this problem, and enforcement alone cannot help solve it, Government has been laying a lot of emphasis on the rehabilitation of these children and on improving the economic conditions of their families.

Organization Chart

Designations in Ministry LEA LA EA JS FA DGLW CLC(C) DIR DS WC CA Dy. CA JD US DD SA AO Labour & Employment Adviser Legal Adviser Economic Adviser Joint Secretary Financial Adviser Director General Labour Welfare Chief Labour Commissioner (Central) Director Deputy Secretary Welfare Commissioner Controller of Accounts Deputy Controller of Accounts Joint Director Under Secretary Deputy Director Senior Analyst Accounts Officer

Constitutional Provisions

Article

Title

Description The State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State, by law, may determine.

21A

Right to Education

24

No child below the age fourteen years shall be Prohibition of Employment employed in work in any of Children’s in Factories factory or mine or engaged in any other hazardous employment. That the health and strength of workers, men and women, and the tender age The state shall in of children are not abused Particular direct its policy and that citizens are not towards securing forced by economic necessity to enter avocations unsuited to their age or strength

39

Legislative Provisions Under Legislative Provisions Child Labour ( Prohibition & Regulation ) Act was enacted in 1986. Child Labour (Prohibition & Regulation) Act, 1986 As per the Child Labour (Prohibition & Regulation) Act, 1986 ‚child‛ means a person who has not completed his 14th year of age. The Act prohibits employment of children in 18 occupations and 65 processes contained in Part A & B of the Schedule to the Act (Section 3).







Under the Act, a Technical Advisory Committee is constituted to advice for inclusion of further occupations & processes in the Schedule. The Act regulates the condition of employment in all occupations and processes not prohibited under the Act (Part III). Any person who employs any child in contravention of the provisions of section 3 of the Act is liable for punishment with imprisonment for a term which shall not be less than three months but which may extend to one year or with fine which shall not be less than Rs 10,000 but which may extend to Rs 20,000 or both. (Section 14). The Central and the State Governments enforce the provisions of the Act in their respective spheres. Central Government is the appropriate authority for enforcement of Child Labour (P&R) Act in respect of establishments under the control of Central Government or a railway administration or a major port or a mine or oil field and in all other cases, the State Government.









ON ON CENTRAL LABOUR SERVICE

Labour Service was formed on 03.02.1987.

o 1st Cadre Review of CLS in October, 2004, the Central Labour Service was constituted as an Organized Grou om14.10.2004.

es 04 Grades namely, Junior Time Scale (JTS), Senior Time Scale (STS), Junior Administrative Grade (JAG Grade (SAG). Industrial Relations Machinery (CIRM) — 106 posts Side (Central Pool) Participating establishments under various other Ministries / Departments - 206 posts.

sists of total sanctioned strength of 342 posts distributed amongst three streams viz.

ate General of Labour Welfare (DGLW) — 28 posts & 02 posts at the strength of Ministry of Labour & Employ

nctions of CLS are:-

g harmonious industrial relations between the Management and Workers in the Central Sphere.

ment of Labour Laws and Rules made thereunder in the Central Sphere

tion, mediation and conciliation in industrial disputes in order to bring about settlement of disputes

tion in situations of threatened strikes and lockouts with a view to avert the strikes and lockouts

ntation of Labour Welfare Schemes under various Labour Welfare Acts/Schemes.

Organizational Chart of Central Labour Service Organization Chart of Central Labour Service(CLS) showing distribution of Post

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