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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