Industrial relations and labor welfareUnit 5 : Welfare of special categories of labor

Prepared and presented by N. Ganesha PandianAssistant professorMadurai school of managementMadurai

Child labor•The rights of a child are protected under

various legislations including a mention of them in the constitution of India

•Article 21A of the constitution of India 1950

•Rights to education: The state shall provide free and compulsory education to all children of the age 6 to 14 years in such manner as stated, by the law

Contd…• Article 24 – Prohibition of employment of children in

factories etc.,

No child below the age of fourteen years shall be employed in work in any factory or mine or engaged in any other hazardous employment

Article 39 – The state shall, in particular, direct its policy towards securing, that the health and strength of workers

Laws pertaining to prohibition of child labor

1. Children (pledging of labor act) 1933

2. Employment of children act (1938)

3. The Bombay shops and establishments act (1948)

4. Child labor (prohibition and regulation act) 1986

5. The Indian factories act (1948)

6. Plantations labor act (1951)

7. The mines Act (1952)

8. Merchant shipping act (1958)

9. The apprentice act (1961)

10. The motor transport workers act (1961)

11. The atomic energy act (1962)

12. Beedi and cider workers (condition of employment) act 1966

13. State shop and establishment act

The child labor (prohibition and regulation) Act 1966

•The act came into force from 23rd December 1986. Its main objectives are to prohibit the employment of children in certain categories of industries and to regulate the conditions of work of children in certain industries

Scope • Important definitions under the Act:

“Workshop” means any premises including the precincts

thereof) wherein any industrial process is carried on, but

doesn't include any premises to which the provisions of

factories act 1948 applies

“Appropriate Government” means in relation to an

establishment under the control of the central government or

a railway administration or a major port or a mine or oilfield,

the central govt. and in all other cases the state govt.

“Child” means a person who had not completed 14 yrs of age

Main provisions of the act1. Prohibition of employment of children in

certain occupations and processes:

2. No child can be employed, or permitted to work in nay of the occupation set forth in part A of the schedule or in any workshop wherein any of the processes set forth in part B of the schedule is carried on

3. Hours and period of work:

a, No child shall be allowed to work in any establishment in

excess of such number of hours as may be prescribed for such

establishment or class establishment

b, The daily hours or work shall be so fixed that no child shall

be allowed to work for more than three hours without prior

interval of an hour

c, The hours of work shall be so arranged that inclusive of rest

interval, time spread and time spend in waiting for the work

shall not exceed six hours a day

d, No child shall be allowed to work between 7 PM and 8 AM

e, No child shall be allowed to work in nay establishment on

any day on which he has already worked in some other

Contd…3. Weekly holiday:

Every child employed in any establishment shall be given

one weekly holiday of 24 hours

4. Healthy and safety:

a, the appropriate govt by notification in the official gazette,

can make rules for health and safety of children employed or

permitted to work in any establishment

b, without any prejudice to the generality of the for going

provisions, the rules for health and safety may provided for all

or any of the follow of matters, namely:

Cleanliness is the place of work and its freedom from nuisance

Disposal of wastes and effluentsVentilation and temperatureDust and fumesLightingDrinking waterArtificial humidificationLatrine and urinalSpitoonsFencing of machines

Work at or near machinery in motion

Employment of children on dangerous machines

Instructions training and supervision

Device for cutting off power

Self- acting machines

Casing of new machinery

Floor, stairs and means of access.

Pits, sumps , opening in floors etc

Excessive weights

Protection of eyes

Explosive or inflammables, dust, gas etc.

Child Labour Technical Advisory Committee

The central government by notification in the official

gazette may constitute a “child Labour technical advisory

committee “ to advise government for the purpose of

occupation and processes to be included in the schedule.

The committee shall consists of a chairman and such

other members not exceeding ten.

6. Power to make rules:

The appropriate government by notification in the official

gazette can make rules for the proper enforcement of the act.

7. Appointment of inspectors:

The appropriate government may appoint inspectors for the

purpose of securing compliance of this act.

8. penalties:

whosoever employs any child are permits any child to work in

contravention of the provision of act shall be punishable with

improvement of a term of not les than 3 months but can be extended

months to 1 year or 10,000 may be extended to 20,000or both.

Strategy for the elimination of child labor under the 10th plan:

A evaluation of the scheme was carried out by independent agencies

in co-ordination with V.V.Giri national labor institute in 2001.

Based on the recommendations of the evaluation and experience of

implementing the scheme since 1988, the strategy for implementing

the scheme during 10th plan was devised.

It aimed at greater convergence with the other developmental

schemes and bringing qualitative changes in the scheme. Some of the

salient features as follows.

Focused and reinforced action to eliminate child labor in the

hazardous occupation by the end of plan period

The contract labor (Regulation and abolition) act 1970

Scope and coverage: The act came into force 10th Feb. 1971. it extends

to the whole of India and applies to every establishment in which 20

or more workmen are or were employed on any day during the

preceding 12 months as contract labor and to every contractor who

employs or employed or any day during the preceding 12 months

more than 20 workmen

Administration of the act: Though the act is a central legislation, get it

is administrated both by central and state government

The central government administers the act in regard to railways ,

cantonment board towards major ports, mines and oilfields, banking

and insurance companies

Main provisions of the act1. Setting up of advisory board :

2. Registration of establishment :

Every principal employer who wishes to employ contract labor has

to get the establishment accepted for registration. The registration

officer issues a registration certificate if the establishment

accepted for registration

3. Prohibition of employment of contract labor :

Both the central and state government can prohibit the

employment of contract labor in any process, operation or other

work in any establishment after consulting their advisory boards

and consider the conditions of work and benefit provided for

contract labor in the establishment

4. Licensing of contractors:

Every contractor has to obtain a licensing for employing contract

labor from licensing officer appointed by the government for this

purpose

The license is issued for a specific period, on the expiry of which

it has to be renewed

5. Welfare and health of contract labor:

A contractor is required to provide and maintain

1. A sufficient supply of wholesome drinking water

2. A sufficient number of latrines and urinals

3. Washing facilities

4. First aid box

5. One or more canteens

6. Responsibility for payment of wages:

The contractor is also to be responsible for making regular and

timely payment of wages to his workers

The payment is to be made in the presence of the authorized

representative of principal employer

7. Penalties: The act provides for imprisonment for a term of 3

months of fine ranging from five hundred rupees or both for

contravention of various provision of the act and other offences

8. Inspectors and rules: The act provides for the appointment of

inspectors and defines their powers and jurisdiction. There is also

a provision for making rules by central and state governments for

carrying out the purposes of the act (sec 28, 35)

9. Rights of contract labor:

The contract labor has the right to:

a, claim such working conditions, facilities and other benefits as are provided for under the act and the rules framed there under (sec 16-22)

b, they can be represented by their representatives on the central and state advisory boards (sec 4)

Women labor Employment opportunities and wage disparity

1. Equality of employment and occupation is not possible

without equal opportunities and equal treatment.

2. The principle of equal pay, the antithesis of wage disparity,

is based on the recognition of an objective evaluation of

work in order to determine pay; and elimination of

“discriminatory structural gender bias in labour markets.”

3. The ILO Constitution of 1919, and the ILO Convention on

Equal Remuneration 1951, both recognise the principle of

“equal pay for work of equal value.”

Contd…•This is also enshrined in the Constitution of

India under Articles 14 and 15, as well as the Equal Remuneration Act of 1976.

•One of the most basic reasons as to why there is an inequality in the employment opportunities available to women and the disparity in wages is that women are view as supplementary earners and men are viewed as primary breadwinners

Sexual harassment of women in the workplace

•Close to half the population of the country is female and based on that approximately half the hypothetical potential workforce would then be female

•National Commission on Labour in 2002, “any social, economic or industrial system that ignores the potentials, talents and special attitudes of this half will be flawed on many counts”

Contd… Sexual Harassment in the workplace refers to any unwanted sexual

advances, be it verbal or physical, as long as it is of sexual nature and is

either used as leverage for favourable treatment at work or is interfering

with an individual’s performance at work by creating a hostile work

environment. Sexual harassment is inclusive of:

• Inappropriate remarks, jokes, or insinuations of a lewd or sexual nature

• Unwanted physical contact, including assault

• Lewd gestures and lecherous looks

• Compromising invitations.

• Requests or demands for sexual favours – including implicit or explicit

threats of dismissal or other unfavourable treatment if such favours are

refuse; also incentive of favourable treatment in return for such favours.

Contd…• Protection of Women against Sexual Harassment at Workplace

Bill; from the year 2000 to 2010 there have been 9 different

attempts by different drafting committees.

• In 2012, the final Bill on the subject, The Sexual Harassment of

Women at Workplace (Prevention, Prohibition and Redressal)

Bill drafted by the Women and Child Development (WCD)

Ministry was proposed and was passed by both houses in 2013.

• The Sexual Harassment of Women at Workplace (Prevention,

Prohibition and Redressal) Act came into force on the 9th of

December 2013

Contd…• The current position in India with regards to sexual

harassment at the workplace as under the Act of 2013 is a

more improved version of the guidelines laid down in the

Vishaka case.

• The Act defines sexual harassment, and not only provides

a mechanism for redressal of complaints, but also allows

for safeguards against malicious complaints.

• It defines “aggrieved woman” to include all women,

regardless of their age or area/ sector of employment. It

includes public servants to domestic workers

Maternity Benefits• Women with infants and young children, often have to pick between their

job and their responsibility towards their children, due to that lack of

facilities at their workplaces, in order to accommodate both.

• The ILO Maternity Protection Convention (2000) extends the provisions of

ILO Maternity Protection Convention (Revised) 1952, providing that

maternity leave (which is defined as leave from work granted to a woman

for a continuous period before and after giving birth) ought to be provided

to all employed women for a period of at least 14 weeks (Article 4.1)

• The ILO convention also makes a provision for leave to be provided even

after the maternity leave period either before or after childbirth in the

case of medical complications or illness, if an appropriate medical

certificate is provided (Article 5)

Contd…• The ILO Maternity Protection Recommendations 1981 also

endorse an extension of the maternity leave period to 18

weeks, and to provide for protection against dismissal for a

certain period after return from maternity leave.

• The ILO Maternity Protection Convention in Article 8 awards

the right to return to the same work or a position with the

same pay, after maternity leave

• In the Indian context under the Maternity Benefit Act 1961,

maternity leave is given to any pregnant employee for a period

of 6 weeks prior delivery and 6 weeks after.

Contd…• however the employee wishes, she can claim the leave

continuously after birth so long as the period claimed does not exceed 12 weeks, as per the Amendment of 1989 (section 6).

• In accordance to Section 5(1) of the Act the employer must pay the pregnant employee a cash maternity benefit at the rate of average daily wages, for the period she was actually absent preceding and during the time of her delivery as well as 6 weeks immediately after her delivery.

Special provisions regarding the health, safety and welfare for

women, social security measures and wage protection are contained

in the above-mentioned statutes. The provisions relating to the

welfare of women in all of these acts are as follows:

• Provisions for separate Latrine and Urinal Facilities

• Prohibition of work in Hazardous Occupations

• Washing and Bathing Facilities

• Crèches

• Limiting hours of work to 9 hours per day and additional regulations

with regards to shifts

• Limiting the maximum permissible load to be lifted by women taking

into consideration biological factors

• Prohibition of Night work

• Separate Restrooms and Canteens

Construction workers• Building and Other Construction Workers (Regulation of

Employment and Conditions of Service) Act, 1996

• 1. Short title, extent, commencement and application.-

• (1) This Act may be called the Building and Other Construction Workers

(Regulation of Employment and Conditions of Service) Act, 1996.

• (2) It extends to the whole of India.

• (3) It shall be deemed to have come into force on the 1st day of March,

1996.

• (4) It applies to every establishment which employs, or had employed on

any day of the preceding twelve months, ten or more building workers in

any building or other construction work.

Registration of Building Workers as Beneficiaries

Section 11: Beneficiaries of the Fund.

• Subject to the provisions of this Act, every building workers

registered as a beneficiary under this Act shall be entitled to the

benefits provided by the Board from its Fund under this Act.

Section 12: Registration of building workers as beneficiaries:

• (1) Every building worker who has completed eighteen years of age,

but has not completed sixty years of age, and who has been engaged

in any building or other construction work for not less than ninety

days during the preceding twelve months shall be eligible for

registration as beneficiary under this Act.

• (2) An application for registration shall be made in such form, as may

be prescribed, to the officer authorized by the Board in this behalf.

• Section 13: Identity cards:

• (1) The Board shall give to every beneficiary an identity card

with his photograph duly affixed thereon and with enough space

for entering the details of the building or other construction

work done by him.

• (2) Every employer shall enter in the identity card the details of

the building or other construction work done by the beneficiary

and authenticate the same and return it to be beneficiary.

• (3) A beneficiary who has been issued an identity card under

this Act shall produce the same whenever demanded by any

officer of Government or the Board, any inspector or any other

authority for inspection.

Section 14: Cessation as a beneficiary.-

•A building worker who has been registered as a beneficiary under this Act shall cease to be as such when he attains the age of sixty years or when he is not engaged in building or other construction work for not less than ninety days in a year;

• Hours of Work, Welfare Measures And Other Conditions Of Service Building Workers

Section 28. Fixing hours for normal working day, etc.- • (1) The appropriate Government may, by rules, ----

• (a) Fix the number of hours of work which shall constitute a normal working day for a building worker, inclusive of one or more specified intervals;

• (b) Provided for a day of rest in every period of seven days which shall be allowed to all building workers and for the payment of remuneration in respect of such days of rest;

• (c) Provide for payment of work on a day of rest at a rate not less than the overtime rate specified in section 29.

Section 29. Wages for overtime work.- • (1) Where any building worker is required to work on any day

in excess of the number of hours constituting a normal working day, he shall be entitled to wages at the rate of twice his ordinary rate of wages.

• (2) For the purposes of this section, "ordinary rates of wages" means the basic wages plus such allowances as the worker is for the time being entitled to but does not include any bonus.

• Drinking water

• Latrines and urinals

• First aid

• Canteens

• Safety and health measures

Section 38. Safety Committee and safety officers.-

• (1) The every establishment wherein five hundred or more

building workers are ordinarily employed, the employer shall

constitute a Safety Committee consisting of such number of

representatives of the employer and the building workers as

may be prescribed by the State Government.

• Provided that the number of persons representing the

workers, shall, in no case, be less than the persons

representing the employer.

• (2) In every establishment referred to in sub-section (1), the

employer shall also appoint a safety officer who shall possess

such qualifications and perform such duties as may be

prescribed.

Other categories of labors•Agricultural Labour

•Differently abled Labour

•BPO & KPO Labour