TERM PAPER

OF

LABOUR LEGISLATION

ON

SOCIAL SECURITY OF KHANNA PAPER MILLS

SUBMITTED TO: SUBMITTED BY:

MR. DEVDHAR SHETTY FARAZ ALAM

10906032

RS1901 B35

INDEX

INTRODUCTION OF KHANNA PAPER MILLS

LEGISLATIONS AND REGULATION IN INDIA

PROVISIONS RELATED TO OCCUPATIONAL HEALTH AND SAFETY

EMPLOYEES WELFARE AND SOCIAL SECURITY SCHEMES

ISSUES AND NEWS

CRITICAL WORKING ENVIRONMENT IN MILLS

SOLUTION OF PROBLEM TAKEN BY KHANNA PAPER MILL

ILO REGULATION

RECOMMENDATIONS

REFERENCES

ACKNOWLEDGEMENT

First of all I would like to thank the Lovely University and take the opportunity to do this project

as a part of the M.B.A.

Many people have influenced the shape and content of this project, and many supported me

through it. I express my sincere gratitude to Mr. Devdhar Shetty for assigning me a project of

Labour Legislation, which is an interesting and exhaustive subject.

He has been an inspiration and role model for this topic. His guidance and active support has

made it possible to complete the assignment.

I also would like to thank my Friends who have helped and encouraged me throughout the

working of the project.

Last but not the least I would like to thank the Almighty for always helping me.

Introduction: Khanna Paper Mills

The Indian Paper Industry is among the top 15 global players today, with an output of more than 6 millions tones annually. Paper Industry in India is riding on a strong demand and on an expanding mood to meet the projected demand of 8 million tons by 2010 & 13 million tons by 2020.

Demand for paper as well as paper board has increased considerably since independence thus resulting in the set up of a few major paper mills across the country. One of the major players who dominate the paper industry in the Indian sector is Khanna Paper Mills Private Limited.

Khanna Paper Mills Private Limited, is an ISO 9001:2000 certified company, manufacturing quality paper and board by recycling of waste paper as the feedstock  for domestic consumption for a little over 4 decades.  Although paper is traditionally identified with reading and writing, communication has now been replaced by packaging as the single largest category of paper use at 41% of all paper used. Khanna Paper Mills is the largest paper mill production house of its kind and is among the top ten in paper production in India.

Khanna today produces around 3,30,000 MT of board and writing and printing paper. Khanna has also become the first paper mill in India to produce high quality writing and printing board from 100% deinked wood-free recovered paper. Khanna Paper Mills distribution network of 100+ dealers has a reach not only over the length and breadth of India but across the globe with a focus on demand markets and exporting their products to the SAARC countries, Africa and the Middle East.

Infrastructure

Khanna Paper Mills believes that the workspace plays a very major role in the productivity of an employee therefore the campus has a unique state-of- the- art infrastructure well equipped with the latest technology. The sprawling 100 acre Khanna Paper Mills campus houses:

Two plants that produce Board with a daily capacity of 400 tons A plant that produces Newsprint with a daily capacity of 400 Tons A plant that produces writing and printing paper with daily capacity of 400 Tons Two plants that produce pulp by recycling of waste paper with a daily production

capacity of 350 Tons

Going Greener

Industrialized paper making has an effect on the environment both upstream (where raw materials are acquired and processed) and downstream (waste-disposal impacts). Recycling paper reduces this impact. Factually recycling 1 ton of newsprint saves about 1 ton of wood while recycling 1 ton of printing or copier paper saves slightly more than 2 tons of wood.  

Khanna Paper Mills "GO GREEN" initiative is a major breakthrough in the paper producing industry and Khanna Paper Mills feels proud to have introduced this initiative. Using recycled  waste paper as the feedstock, Khanna Paper has revolutionized the Paper industry, thus gaining a

heads up as a environment friendly organization, which strongly believes and practices saving and retaining the earthly glory of our planet.

USA Operations

Khanna Paper’s presence in USA strategically enables it to procure high quality recycle fiber from around the world. They procure 4,20,000 MT of waste paper annually through collaborative network of partners around the world for sourcing waste paper. The enduring relationships and contracts ensure cost and operational efficiency leading to long term sustainability.

Products

1. Papers

Paper is a thin material mainly used for writing upon, printing upon or for packaging. It is produced by pressing together moist fibers, typically cellulose pulp derived from wood, rags or grasses, and drying them into flexible sheets. At Khanna Paper Mills we produce the finest quality coated paper for Brochures and magazines. We also cater to the day to day paper needs of our customers for Stationery, Playing cards, Currency notes, Copier Paper etc.

Eco Brite

Eco-Brite is uncoated wood free paper with a very superior bulk & Smoothness and is ideal for four colour printing. Eco Brite is used for making Notebooks, Textbooks, Novels, Examination material etc.

Optima Maplitho

Optima Maplitho is a surface sized paper which has superior bulk and opacity. It has a very high grade shade stability and light fastness property with a GSM range of 60-140. This is used in making Envelopes, Computer stationery, Photocopying etc.

Grafika Maplitho

Grafika super is Excellent shade stability, brightness and smoothness. This grade has high tensile strength and can with stand high speed multi color printing jobs. This grade has superior print reproduction

Copier Paper

Copier paper is the largest category in the uncoated commodity printing paper grade. Recycled copier paper is virtually indistinguishable from non-recycled, with similar performance, color and cost.

2. Boards

Paperboard is (like paper) a 'vegetable-fiber web' formed from a water suspension. It is generally thick similar in shape and composition to paper, but generally thicker, stronger, and more rigid. Paperboard can be made into a wide variety of items, including folding cartons, advertising displays, electrical insulators, and coasters

Optic Graphic Grey Back Optic Graphic Grey Back is a coated duplex board of high density made predominantly from recycled pulp. Owing to its heavy coating it is very glossy in nature with smoothness. It’s high strength properties on printing & packaging machines makes it ideal for packaging needs.

Optic Graphic White Back Optic Graphic White Back is produced from recycled pulp. Its heavy weight coating offers high bulk & superior strength-weight ratio. The top surface of white back gives better whiteness and a dust free surface for high efficiencies on printing and filling machines.

Absolute Folding Box Board Folding Box Board is designed and made to a very close tolerance, especially for cosmetics and pharmaceutical packaging requirements. Apart from superior smoothness levels, the board is designed to meet the demanding requirement in printing.

3. News Print

Newsprint is a cost effective and inexpensive paper made from wood pulp and used chiefly for printing newspapers, flyers, and other printed material intended for mass distribution. It usually has an off-white cast and distinctive feel. Newsprint mainly consists of ground-wood.

4. International Brands

Khanna Paper Mills has tied up with APP as its Marketing & Distribution arm.

APP is one of the world's leading pulp and paper companies and is ranked one of the largest vertically integrated pulp & paper producer in Asia, excluding Japan. Its combined pulp, paper and packaging capacities in Indonesia amount to over 7 million tonnes, using fiber from plantations and wood residues of plantation development. APP currently has its principal operations located in Indonesia, and markets its products to more than 65 countries on six continents.

Over the years it has expanded its operations significantly, through acquisitions and expansions in several of its pulp and paper mills. It is APP's commitment to customer satisfaction that enables us to grow our share in paper sales worldwide and broadening our presence through marketing offices in many countries.

"Tradition and modernity go hand in hand" is key to the company's success. We always esteem long term relationships with our customers as a part of our eastern tradition whilst we are also eager to embrace modern values as continuous innovation, efficiency and punctuality.

Khanna Paper Mills will be marketing and distributing the following products:

a) Cast Coated Paperb) C2S Art Paper & Boardc) FBB - Zenith / C1S Ningbo Fold / Sinarvandad) X-Cote (Bluish White SBS)

Industrial Relations

The relationship between Employer and employee or trade unions is called Industrial Relation. Harmonious relationship is necessary for both employers and employees to safeguard the interests of the both the parties of the production. In order to maintain good relationship with the employees, the main functions of every organization should avoid any dispute with them or settle it as early as possible so as to ensure industrial peace and higher productivity. Personnel management is mainly concerned with the human relation in industry because the main theme of personnel management is to get the work done by the human power and it fails in its objectives if good industrial relation is maintained. In other words good Industrial Relation means industrial peace which is necessary for better and higher productions.

Definition:-i. Industrial Relation is that part of management which is concerned with the manpower of the enterprise – whether machine operator, skilled worker or manager. BETHEL, SMITH & GROUP

ii. Industrial Relation is a relation between employer and employees, employee and employee and employees and trade unions. - Industrial dispute Act 1947

iii. While moving from jungle of the definitions, here, Industrial Relation is viewed as the “process by which people and their organizations interact at the place of work to establish the terms and conditions of employment.”

The Industrial Relation relations also called as labor - management, employee-employers relations.

A few notable features pertaining to Industrial Relations are as under:

1. Industrial Relation do not emerge in vacuum they are born of employment relationship in an industrial setting. Without the existence of the two parties, i.e. labor and management, this relationship cannot exist. It is the industry, which provides the environment for industrial relations.

2. Industrial Relation are characterized by both conflict and co-operations. This is the basis of adverse relationship. So the focus of Industrial Relations in on the study of the attitudes, relationships, practices and procedure developed by the contending parties to resolve or at least minimize conflicts.

3. As the labor and management do not operate in isolations but are parts of large system, so the study of Industrial Relation also includes vital environment issues like technology of the workplace, country’s socio-economic and political environment, nation’s labor policy, attitude of trade unions workers and employers.

4. Industrial Relation also involve the study of conditions conductive to the labor, managements

co-operations as well as the practices and procedures required to elicit the desired co-operation from both the parties.

5. Industrial Relations also study the laws, rules regulations agreements, awards of courts, customs and traditions, as well as policy framework laid down by the governments for eliciting co-operations between labor and management. Besides this, it makes an in-depth analysis of the interference patterns of the executive and judiciary in the regulations of labor–managements relations.

In fact, Industrial Relation encompasses all such factors that influence behavior of people at work. A few such important factors are details below:

1. Institution: It includes government, employers, trade unions, unions federations or associations, government bodies, labor courts, tribunals and other organizations which have direct or indirect impact on the industrial relations systems.

2. Characters : It aims to study the role of workers unions and employers’ federations officials, shop stewards, industrial relations officers/ manager, mediator/conciliators / arbitrator, judges of labor court, tribunal etc.

3. Methods : Focus on collective bargaining, workers’ participation in the Industrial Relation schemes, discipline procedure, grievance re-dressal machinery, dispute settlements machinery working of closed shops, union reorganization, organizations of protests through methods like revisions of existing rules, regulations, policies, procedures, hearing of labor courts, tribunals etc.

4. Contents : Includes matter pertaining to employment conditions like pay, hours of works, leave with wages, health, and safety disciplinary actions, lay-off, dismissals retirements etc., laws relating to such activities, regulations governing labor welfare, social security, industrial relations, issues concerning with workers’ participation in management, collective bargaining, etc.

Objectives of Industrial Relation

1. To safeguard the interest of labor and management by securing the highest level of mutual understanding and good-will among all those sections in the industry which participate in the process of production.

2. To avoid industrial conflict or strife and develop harmonious relations, which are an essential factor in the productivity of workers and the industrial progress of a country.

3. To raise productivity to a higher level in an era of full employment by lessening the tendency to high turnover and frequency absenteeism.

4. To establish and nurse the growth of an Industrial Democracy based on labor partnership in

the sharing of profits and of managerial decisions, so that ban individuals personality may grow its full stature for the benefit of the industry and of the country as well.

5. To eliminate, as far as is possible and practicable, strikes, lockouts and gheraos by providing reasonable wages, improved living and working conditions, said fringe benefits.

6. To establish government control of such plants and units as are running at a loss or in which productions has to be regulated in the public interest.

7. Improvements in the economic conditions of workers in the existing state of industrial managements and political government.

8. Control exercised by the state over industrial undertaking with a view to regulating production and promoting harmonious industrial relations.

9. Socializations or rationalization of industries by making he state itself a major employer

10. Vesting of a proprietary interest of the workers in the industries in which they are employed.

The main aspect of Industrial Relations are :-

i. Labor Relations, i.e. relations between union and management.ii. Employer-employees relations, i.e. relations between management and employees.iii. Group relations, i.e. relations between various groups of workmen.iv. Community or Public relations, i.e. relations between industry and society.v. Promotions and development of healthy labor-managements relations.vi. Maintenance of industrial peace and avoidance of industrial strifevii. Development of true industrial Democracy.

Effects of poor Industrial Relations:

Poor Industrial Relation produces highly disquieting effects on the economic life of the country. We may enumerate the ill-effects of poor Industrial Relations as under:

1. Multiplier effects: Modern industry and for that matter modern economy are interdependent. Hence although the direct loss caused due to industrial conflict in any one plant may not be very great, the total loss caused due to its multipliers effect on the total economy is always very great.

2. Fall in normal tempo : poor Industrial Relations adversely affect the normal tempo of work so that work far below the optimum level. Costs build up. Absenteeism and labor turnover increase. Plants discipline breaks down and both the quality and quality of production suffer.

3. Resistance of change : Dynamic industrial situation calls for change more or less continuously. Methods have to be improved. Economics have to be introduced. New products have to be

designed, produced and put in the market. Each of these tasks involves a whole chain of changes and this is resisted bitterly if these are industrial conflict.

4. Frustration and social cost : every man comes to the work place not only to earn a living. He wants to satisfy his social and egoistic needs also. When he finds difficulty in satisfying these needs he feels frustrated. Poor Industrial Relations take a heavy toll in terms of human frustration. They reduce cordiality and aggravate social tension.

Social Security Legislation

Social Security for employees is a concept which over time has gained importance in the industrialized countries. Broadly, it can be defined as measures providing protection to working class against contingencies like retirement, resignation, retrenchment, maternity, old age, unemployment, death, disablement and other similar conditions.

With reference to India, the Constitution levies responsibility on the State to provide social security to citizens of the country. The State, here, discharges duty as an agent of the society in order to help those who are in adverse situations or otherwise needs protection owing to above mentioned contingencies. Article 41, 42 and 43 of the Constitution do talk about the same. Also, the Concurrent List of the Constitution of India mentions issues like-

Social Security and insurance, employment and unemployment. Welfare of Labour including conditions of work, provident funds, employers' liability,

workmen's compensation, invalidity and old age pension and maternity benefits.

Drawing from the Constitution of India and ILO Convention on Social Security1 (ratified by India in 1964), some of the legislations that have been enacted for social security are Employees’ State Insurance Act, 1948, Workmen’s Compensation Act, 1923, Employees’ Provident Fund and Miscellaneous Provisions Act, 1952, Maternity Benefit Act, 1961, Payment of Gratuity Act, 1972, etc. A social security division has also been set up under the Ministry of Labour and Employment which mainly focuses on framing policies for social security for the workers of organized sector.

Apart from above mentioned enactments, since the last decade the government has initialized efforts to extend the benefits to the unorganized sector too. Legislative enactments like the National Rural Employment Guarantee Act, 2005, Unorganized Sector Workers’ Social Security Act, 2008 and the Domestic Workers (Registration, social security and welfare) Act, 2008 are examples of the same.

The National Rural Employment Guarantee Act, 2005 aim at curbing unemployment or unproductive employment in rural areas. It focuses on enhancing livelihood security to rural people, as it guarantees productive wage employment for at least 100 days in a year. The Fiscal budget, this year, has also hiked the allocation to its job guarantee scheme NREGA by 144% and

also the beneficiaries under the scheme would, henceforth, be entitled for a minimum wage of Rs. 100 per day.

Also, there is Unorganized Workers’ Social Security Act, 2008, which targets at extending social security measures to unorganized sector workers. The law thereby aims at extending to workers in informal sector status and benefits similar to that of formal sector workers.

On the same lines, Domestic Workers Act, 2008 has also been enacted. The legislation aims at regulating payment and working conditions of domestic workers and entitles every registered domestic worker to receive pension, maternity benefits and paid leave that is a paid weekly off.

These legislations for organized and unorganized sector workers need to be bestowed attention because this will help improve their productivity and industrial relations and thus ensure development of the country.

LEGAL DUTIES AND OBLIGATIONS AROUND HEALTH AND SAFETY POLICIES.

The Health and Safety at Work etc. Act 1974The Act says that you must prepare your own statement and bring it to the attention of all employees. The policy should be reviewed and revised as often as necessary.

Legally, the policy only requires you to address the health and safety matters relating to employees, but in many organisations, it is a good idea to have a policy that considers the safety of others who might be affected by your activities, i.e. volunteers, contractors and the general public.

With or without a written policy, all employers have a duty of care to protect their employees and others from harm arising from work activities.

The Management of Health and Safety at Work Regulations 1999These regulations place duties on employers to assess and manage risks to their employees and others arising from work activities. How this is carried out should be included in the policy.

DEVELOPING A HEALTH AND SAFETY POLICY

Ideally the statement should be written by people within your organisation – they know the organisation best and how it operates. You can seek assistance and advice externally, but essentially, it should be a policy that is appropriate to the needs of your business.

Involve your staff in putting the policy together. As well as benefiting from their day-to-day experience of the job, doing so will give you a better chance of getting their commitment to carry out the aims of the policy.

SETTING OUT A POLICY

You can decide on how the policy should be set out. It should be set out in such a way that it makes it clear to everyone what is expected of them to comply with the requirements of the policy.

In a small organisation it’s likely that a simple statement will be suitable. It’s also likely that the organisation section of the policy will contain only one or two names, as most of the responsibilities will be allocated to those people.

AIMS OF A POLICY

There are no hard and fast rules about the length of the policy. The important thing to remember is to link the aims of the policy to the level of risk. Risk Assessment will determine how explicit you need to be in your arrangements section.

REACH OF A POLICY

In a larger organisation with multiple sites or activities, it is often the case that there is an overarching or corporate policy that covers the general issues and also more detailed policies relating to the individual sites or activities.

This can be a useful approach particularly where an organisation has a number of sites where different activities are carried out. It can allow you to tailor the organisation section of the policy to the individual managers of each site.

INFORMING EMPLOYEES

There are various ways to bring the policy to the attention of employees. If it is short enough, you may decide to give a copy to each employee.

If you are a larger organisation or your policy is fairly lengthy, you could post copies on notice boards or in appropriate places. Whatever you choose to do, you must make sure that you bring the policy to the attention of all employees.

MONITORING AND REVIEW

Monitoring that the policy is still effective is vital. There are many ways that this can be done, including carrying out spot checks or safety inspections using prepared checklists.

More formally, effective monitoring can be achieved through audits and by reviewing management reports and accident investigations.

SOCIAL SECURITY OFFERED BY KHANNA PAPER MILLS

There is much type of programs offered by Khanna paper mills like: Provident fund with survivor (deposit linked) insurance and pension fund; gratuity schemes for industrial workers; and social assistance system, a voluntary old-age, disability, and survivor’s benefits scheme.

PROVIDENT FUND AND SURVIVOR INSURANCE:

Employees, including casual, part-time, daily wage workers, and those employed through contractors, with monthly earnings of 6,500 rupees or less working in establishments with a minimum of 20 employees in one of the 182 categories of covered industry (the establishment remains covered even if the number of employees falls below 20); employees of other establishments specified by law, including cooperatives with more than 50 employees and establishments with less than 20 employees; Voluntary coverage for employees of covered establishments with monthly earnings of more than 6,500 rupees, with the agreement of the employer. Voluntary coverage for employees to covered establishments with less than 20 employees if the employer and majority of the employees agree to contribute.

According to this Insurance:

Pension scheme: Employees with monthly earnings of 6,500 rupees or less. Voluntary coverage is possible.

Gratuity scheme: Employees of factories, mills, oilfields, plantations, ports, railways, and shops with at least 10 workers.

OLD-AGE BENEFITS

Provident fund: Age 55 and retired from covered employment; at any age if leaving the country permanently, if covered employment ends involuntarily, on the termination of service under a voluntary retirement scheme, on changing employment from an establishment covered by the scheme to one that is not, or after 2 months of unemployment. Early retirement: Age 54 or within one year before actual retirement, whichever is later. Drawdown payment: Partial drawdown is permitted before retirement for special purposes, including the purchase of life insurance; the purchase or construction of a home; loan repayment; to pay for children’s education fees, a child’s marriage, or care costs for a serious illness; to compensate for damage resulting from a natural disaster; or to meet costs relating to the onset of disability.

Pension scheme: Age 58 or retired with a minimum of 10 years’ coverage.

Early pension: Age 50 with a minimum of 10 years’ coverage. Employment must cease.

Gratuity scheme: Five years of continuous employment.

Old-age pension (social assistance): Needy elderly persons aged 65 or older.

Disability benefits

Provident fund: Permanent and total incapacity for normal work.

Pension scheme: Permanently and totally disabled as the result of an occupational injury. The insured must have at least 1 month of contributions.

Gratuity scheme: A disability caused by a disease or an accident.

Survivor benefits

Provident fund: Payable for the death of the provident fund member before retirement.

Survivor (deposit-linked) insurance scheme: Payable for the death of the provident fund member before retirement.

Pension scheme: The scheme member had at least 1 month of contributions (payable regardless of whether the insured was employed or retired at the time of death).

Gratuity scheme: Payable for the death of the insured as the result of an illness or an accident.

Survivor grant (social assistance): Payable to needy households (under the National Family Benefit Scheme) on the death of the primary breadwinner between ages 18 and 65.

SICKNESS AND MATERNITY

Sickness benefit: The benefit varies but is around 50% of the average daily wage. The benefit is payable after a 2-day waiting period for up to 91 days in any two consecutive designated 6-month periods. Family planning (sterilization): Cash sickness benefit is paid at double rate for 7 days (men) or 14 days (women); may be extended in case of complications.

Maternity benefit: 100% of average earnings according to wage class is payable for up to 12 weeks (including a maximum of 6 weeks before the expected date of childbirth); 6 weeks in the case of a miscarriage. The benefit may be extended by 4 weeks for medical reasons. The minimum daily benefit is 10 rupees.

Cash sickness benefits (social insurance): In insured employment for 78 days during a 6-month period within the last 15 months.

Cash maternity benefits (social insurance): In insured employment for 70 days during two designated and consecutive 6-month periods.

Cash maternity grant (social assistance): Payable to needy pregnant women aged 19 or older for the first two live births.

Funeral grant (social insurance): Payable for the death of the insured.

Medical benefits: Currently in insured employment or qualified for cash sickness benefit.

Type of program: Social insurance and social assistance system.

Social insurance: Employees with monthly earnings of 6,500 rupees or less, working in power-using manufacturing establishments with 10 workers or more or in non power-using establishments with 20 workers or more, including shops, hotels, restaurants, cinemas, road transport agencies, and newspaper establishments.

Employees of establishments run by the government that are covered by equivalent private plans may contract out. Coverage is being extended gradually to different districts, with 677 industrial centres currently covered. (The scheme still does not apply to the states of Nagaland, Manipur, Tripura, Sikkim, Arunachal Pradesh, and Mizoram.) Voluntary coverage for medical benefits is available to previously insured retired persons through the payment of a flat-rate monthly contribution of 10 rupees.

Social assistance: Needy pregnant women may receive assistance for the first two births.

WORKERS’ MEDICAL BENEFITS

State governments arrange for the provision of medical care on behalf of the Employees’ State Insurance Corporation, except in Delhi and in the Noida area of Uttar Pradesh where the Corporation administers medical care directly. Services are provided in different states through social insurance dispensaries and hospitals, state government services, or private doctors under contract. Benefits include outpatient treatment; specialist consultations; hospitalization; surgery and obstetric care; imaging and laboratory services; transportation; and the free supply of drugs, dressings, artificial limbs, aids, and appliances. The scale of services provided varies among

states. The duration of benefits is from 3 months to 1 year according to the insured’s contribution record.

DEPENDENTS’ MEDICAL BENEFITS

Benefits are currently provided in most states and districts. Benefits are the same as those of the insured, except there is no coverage for hospitalization. Eligible dependents are the spouse, children until age 18 (age 21 if a student, no limit if disabled), a widowed mother, an unmarried daughter, and dependent parents.

WORK INJURY BENEFITS

Temporary Disability Benefits

The benefit is 40% more than would be payable for normal sickness benefit (approximately 85% of the average daily wage). The benefit is payable after a 3-day waiting period for the duration of the disability. Separate medical boards assess the loss of earning capacity resulting from a work injury or an occupational disease.

Permanent Disability Benefits

Permanent disability pension: The pension is paid in proportion to the assessed loss of earning capacity. The duration of the pension is determined by the medical board. Separate medical boards assess the loss of earning capacity resulting from a work injury or an occupational disease.

The maximum pension is equal to the temporary disability benefit. A pension equal to no more than 5 rupees a day may be paid as a lump sum provided the total value of the pension for the duration of the award period does not exceed 30,000 rupees. Partial disability: A percentage of the full pension in proportion to the loss of earning capacity. Benefit adjustment: Pensions are reviewed periodically by the Employees’ State Insurance Corporation and adjusted for inflation.

SURVIVOR PENSION

Widow’s pension: 60% of the deceased’s total disability pension (the average pension is equal to 70% of the deceased’s earnings).

Orphan’s pension: 40% of the deceased’s pension (the average pension is equal to 70% of the deceased’s earnings) for an orphan younger than age 18 (no limit if disabled) or until an orphaned daughter marries. Eligible dependents are the spouse, a child until age 18 (age 21 if a student, no limit if disabled), a widowed mother, an unmarried daughter without age conditions, and dependent parents. The maximum total survivor pension is 100% of the deceased’s pension.

Other eligible survivors (in the absence of the above): Parents, grandparents, and other dependents younger than age 18. The minimum daily benefit is 14 rupees. The maximum total pension for other eligible survivors is 50% of the deceased’s pension.

Funeral grant: A lump sum equal to the funeral cost, up to a maximum of 2,500 rupees. The grant is payable to the oldest member of the family or to the person who pays for the funeral.

GOVERNMENT LEGISLATION

Working towards justice and legislation for all domestic workers

Domestic work is not recognized as labour and hence they have no rights such as fixed working hours, weekly offs, medical benefits or paid leave. They are not included in any labour law or Bill.

Act of laws which do not include domestic workers:

The Workman’s Compensation Act of 1923 The Weekly Holiday Act of 1942 The provision of Minimum Wages Act of 1948 The Maternity Benefit Act of 1961 The Personal Injury Act of 1963 Gratuity Act of 1978

Through active lobbying, advocacy and campaigning the National Domestic Workers’ Movement (NDWM) works towards helping domestic workers attain their rights and demand justice for them as workers.

The Movement organizes awareness programs, advocacy and campaigns, lobbying and consultations for stakeholders and duty bearers which include advocacy with government officials and law enforcement agencies at gram (village), Municipal, state and national levels.

Despite the resistance, the recognition of Domestic Workers’ Rights is growing in State Governments, as well as in Central Governments. Many rights have been established and yet many more are still to be achieved.

Justice & Legislation till date:

After ten years advocating on behalf of the implementation of legislation protecting domestic workers, the National Domestic Workers’ Movement has had an important breakthrough. Advocates Mr. Colin Gonsalves, Ms. Aparna Bhat, Mr. P. Ramesh Kumar, and Mr. Vipin M. Benjamin filed the Public Interest Litigation, National Domestic Workers’ Welfare Trust and Others (Petitioners) versus Union of India (Respondent). This lawsuit seeks to compel the respondent to enact comprehensive litigation protecting the rights of domestic workers throughout India. On April 10, 2003, the Honorable Justices Mrs. Ruma Pal and Mr. B.N. Srikrishna of the Supreme Court of India have agreed to hear our Public Interest Litigation (PIL).  

The Tamil Nadu Government, State of Tamil Nadu, India, included Domestic Workers in their Unorganized Workers Group. The Tamil Nadu Domestic Workers Welfare Board was constituted on the 22nd January 2007. The notification for the Minimum Wage Act for Domestic Workers was passed in August 2007.  

The Central government amended the Central Civil Service Conduct rules to prohibit any government official/civil servants from employing children below the age of 14 years as domestic workers.  

Indian law prohibits the employment of children below 14 years age, in certain occupations in accordance to the Child Labour (Prohibition & Regulation) Act 1986. By 10th October 2006, the ban on child labour included employment of children in domestic work.  

Karnataka government passed the Minimum Wage Act for Domestic workers on 1st April 2004  

Notification for Minimum Wage Act for Domestic Workers were passed in the following State governments: Kerala (23rd May 2005), Andhra Pradesh (24th April 2007) and Rajasthan ( 4th July 2007).  

The Unorganised Sector Workers’ Social Security Bill, 2007 has been passed on 8th January 2008. This Bill also includes domestic workers in the unorganised sector of workers.

The Government is planning a comprehensive legislation to extend social security cover to all workers. This was stated by the Minister of State for Labour and Employment (Independent Charge) Shri Oscar Fernandes while inaugurating the 14th Regional Conference of International Social Security Association (ISSA) for Asia & Pacific Region here today. He said, "our focus is on informal sector as today, for every ten jobs, seven jobs are created in the informal sector." Referring to the organised sector, Shri Fernandes said that Employees State Insurance Corporation (ESIC) provides medical care to 35 million beneficiaries with no upper cap on cost irrespective of the quantum of contribution paid by a member. He said, "even one day's insurable employment ensures

coverage to the worker and his family." The Minister said that the fundamental duty of the civil society is to ensure a universal, non-discriminatory, equitable and reliable health care system. He said, "the challenge, however, is how to ensure easy accessibility to quality medical care, both in terms of costs and geographical distance." The Minister said the deliberations of the conference will help in evolving various financial alternatives to ensure long-term sustainability of any health care system.

Shri Fernandes said that the management of social security funds to maximize returns is equally challenging. Calling for skillful handling of these funds, the Minister said that they could be gainfully employed by the state for economic growth. He said, "it could be a win-win situation for all as the state would get the required financial resources, while social security organisations would get safety of their investments." The Minister said that Employees provident Fund Organisation provides social security cover to 40 million workers across the country.

Earlier, the ISSA President Ms. Corazon De La Paz said that the agenda of the Conference reflects the urgency of addressing various issues concerning social security. She said an overriding concern in health care system is increase in expenditure while contributions remain static. The ISSA President said the investment of pension reserve funds has a direct bearing on financial sustainability of social security programme and potential benefit levels of its members. On providing social security to migrant workers, she said, the issue is of great concern to various countries including India and the Phillipines to which she belongs. She said that 20 million workers from India and 10 million workers from Phillipines are working away from their countries.

The Special Secretary in the Ministry of Labour and Employment, Shri J.P. Singh said that scarce resources and ever increasing demand is worrying us. He expressed hope that the Conference will help member countries in evolving options for optimal use of scarce resources while improving efficiency of delivery systems.

More than 180 delegates from 40 countries in Asia & Pacific region are participating in the 3-day Conference on the theme "Social Security : Global Challenges and Regional Responses". The Conference is being hosted by Employees' State Insurance Corporation (ESIC), Employees' Provident Fund Organisation (EPFO) and the Coal Mills Provident Fund Organisation (CMPFO).

CRITICAL ISSUES IN PAPER MILLS

Papermaking, conversion and paper recycling have traditionally suffered from high accident rates. Targeted initiatives have been undertaken by HSE and The Paper and Board Industry Advisory Committee (PABIAC) to reduce the number of injuries and ill health in papermaking, conversion and paper recycling industries.

PABIACs Occupational Health Strategic Health Objective Unite the Union and the CPI launch their "Make it Safe" campaign Machinery Safety Hand-fed platen presses can kill Waste Baling and Compacting Machines Security of loads on road vehicles

PABIACs Occupational Health Strategic Health Objective

Occupational health is a key issue that needs to be properly managed to ensure a healthy and present workforce.  PABIAC has agreed a strategic occupational health objective for 2008-2011[1]. 

Unite the Union and the Confederation of Paper Industries (CPI) launch their "Make it Safe" campaign

Unite and the CPI jointly launched their "make it safe" campaign at the CPI conference on 3 November 2009.  The campaign encourages the industry to "Say No" to unsafe tasks. Saying "No" means not taking risks, not doing dangerous work, not cutting corners and not putting production before safety.   It also encourages industry to "Say Yes" to making the industry safer. Saying "Yes" means acting on health and safety complaints and queries, working together on risk

assessments and safe systems of work, reporting near misses, conducting joint accident and incident investigations, undergoing joint health and safety training, and recognising that good health and safety is good for business.

Machinery Safety

In the paper industries machinery safety, including safety during interventions at dangerous machines, is a live issue. Serious injuries continue to occur in the paper and recycling industries while clearing blockages and carrying out adjustments and running repairs at machineryHSE’s Safe Interventions Enforcement Initiative aims to achieve a major reduction in the risk of serious injuries.  Inspectors are visiting employers to check that:

risks associated with these activities have been properly assessed effective control measures, including robust energy isolation and lock off procedures, are

in place safe systems of work are properly managed

Hand-fed platen presses can kill

Some employers in the corrugated packaging industry use hand-fed platen presses. These are powerful machines that are capable of inflicting serious injuries. Recently there have been two fatal accidents involving large hand fed platen presses in the printing industry where operators have been crushed between the platens as they made an intervention during normal production operations.  The hand-fed platen presses used in the printing industry are the same as those in the corrugated packaging sector. HSE has issued a safety alert[3] to raise awareness of the potential dangers of whole body access between the platens of these machines when operating in the dwell mode.

Waste Baling and Compacting Machines

Waste baling and compacting machines are used widely in paper conversion and recovered paper industries.  They have caused a number of injuries to people using and working with them.  They are powerful machines with a number of mechanical moving parts that have the potential to cause serious or even fatal injuries.  The safeguarding of these machines is often poor.

HSE is currently working with stakeholders, including machine manufacturers and users to prepare national guidance on the safeguarding of waste baling and compacting machines, including machines for baling and compacting recovered paper.  The national guidance is due out shortly. Once the guidance is completed it will be linked to these pages.  In addition work has started in Europe to prepare EN standards specifying the safety requirements for new machines.

Security of loads on road vehicles

In the past heavy loads, including reels of paper, waste paper bales and palletised loads of paper products have shifted during transit because they have not been properly loaded and restrained on the trailer. They have then fallen from the trailer during the road journey or at the point of

delivery when the trailer curtain has been opened.  Recent research into this topic: Load security on curtain sided lorries[4] found plenty of examples of poor practice pointing to a need for consignors, hauliers, employers who receive goods, drivers and employees involved in loading and securing loads to take action.

PABIAC has issued a strategic objective requiring all employers involved in the despatch, haulage or receipt of loads of paper and paper products by road to be able to demonstrate that they have in place appropriate management systems for ensuring that such loads are:

placed and secured on road vehicles in accordance with the provisions of the Department for Transport Code of Practice

restrained effectively so that they do not move in any direction relative to the bed of the vehicle under reasonably foreseeable transport conditions.

REGULATIONS

The Health and safety Executive [HSE]

The HSE is the UK government body responsible for enforcing health and safety at work legislation. The HSE also plays a major role in producing advice on health and safety issues, and guidance on relevant legislation. The role of enforcement is split between HSE and local authorities depending on the business sector.

In addition, HSE conducts research into the effectiveness of regulations and other health and safety issues, consults with employers and employees representatives, and advises legislators and government on health and safety.

The HSE website contains a wealth of information and guidance on maintaining health and safety at work, and detailed advice on complying with health and safety regulations.

Health And Safety at Work Act 1974

Often referred to as HASAW or HSW, this Act of Parliament is the main piece of UK health and safety legislation. It places a duty on all employers "to ensure, so far as is reasonably practicable, the health, safety and welfare at work" of all their employees.

Among other provisions, the Act also requires:

safe operation and maintenance of the working environment, plant and systems maintenance of safe access and egress to the workplace safe use, handling and storage of dangerous substances adequate training of staff to ensure health and safety adequate welfare provisions for staff at work.

Employers must also keep and revise a written record of health and safety policy and consult with employees or their representatives on such policies (this only applies to those employing five or more).

The full text of the Act, including all current amendments, can be downloaded from the HSE website's HSWA pages.

The Management of Health and Safety at Work Regulations 1999 places a duty on employers to assess and manage risks to their employees and others arising from work activities.

Employers must also make arrangements to ensure the health and safety of the workplace, including making arrangements for emergencies, adequate information and training for employees, and for health surveillance where appropriate.

Employees must work safely in accordance with their training and instructions given to them. Employees must also notify the employer or the person responsible for health and safety of any serious or immediate danger to health and safety or any shortcoming in health and safety arrangements

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995

Known as RIDDOR, these regulations require employers, the self-employed and people in control of premises, to report work-related deaths, major injuries, work-related diseases and dangerous occurrences.

Incidents can be reported:

to the Incident Contact Centre by telephone on 0845 300 9923 online via the HSE's RIDDOR report webpages (external site).

The HSE's RIDDOR pages give detailed information about the requirements of the regulations, what should be reported, and statistics gathered from RIDDOR incident reports.

Workplace (Health, Safety and Welfare) Regulations 1992

These regulations are concerned with the working environment. They place a duty on employers to make sure that the workplace is safe and suitable for the tasks being carried out there, and that it does not present risks to employees and others.

The regulations cover all aspects of the working environment, including:

Maintenance of the workplace, equipment, devices and systems

Ventilation Temperature in indoor workplaces Lighting Cleanliness and waste materials Room dimensions and space Work stations and seating Condition of floors and traffic routes Falls or falling objects Windows and transparent or translucent doors, gates and walls Windows, skylights and ventilators Ability to clean windows, etc. safely Organisation, etc. of traffic routes Doors and gates Escalators and moving walkways Sanitary conveniences Washing facilities Drinking water Accommodation for clothing Facilities for changing clothing Facilities for rest and to eat meals.

Workers' health and safety

All workers, whether they are permanent staff, agency or contractors, need to be aware of issues that affect their health and safety at work.

Worker’s rights and responsibilities

All workers are entitled to work in environments where risks to their health and safety are properly controlled. Under health and safety law, the primary responsibility for this is down to employers.

As a worker, you have a duty to take care of your own health and safety and that of others who may be affected by your actions. Health and safety legislation, therefore, requires employers and workers to co-operate.

If you have specific queries on health and safety in your workplace, first ask your manager, or if you prefer, your safety representative or trade union representative.

Employer's responsibilities

Under the law employers are responsible for health and safety management. This page provides a broad outline of how the law applies to employers. Don't forget, employees and the self employed have important responsibilities too!

It is an employer's duty to protect the health, safety and welfare of their employees, and other people who might be affected by their business. Your employer must do whatever is reasonably practicable to achieve this.

This means making sure that you and others are protected from anything that may cause harm, effectively controlling any risks to injury or health that could arise in the workplace.

Your employer has duties under health and safety law to assess risks in the workplace. Risk assessments should be carried out that address all risks that might cause harm in your workplace.

Your employer must give you information about the risks in your workplace and how you are protected and instruct and train you on how to deal with the risks.

Your employer must consult you on health and safety issues, either directly or through a safety representative that is either elected by the workforce or appointed by a trade union.

Agency workers

All workers are entitled to work in an environment where the risks to their health and safety are properly controlled. If you are an agency worker then your health and safety is protected by law and your employment agency has a duty to make sure that they follow the law.

ILO REGULATIONS

Social security comprises two types of measures, promotional and protective. Promotional measures consist mainly of employment, training, and nutrition schemes, by which persons are enabled to work and earn a livelihood. On the other hand, protective measures consist of schemes by which the State provides the means of livelihood when a person is not able to work (Sankaran, T.S, 1993). ILO standards relating to social security are mainly protective and have been designed primarily for workers in the organised sector. Both promotional and protective measures are necessary to provide adequate social security facilities.

Medical care

According to ILO recommendation No.69, medical care should be provided either through a social service medical care service, with supplementary provisions by way of social assistance, to meet the requirements of people in need who are not covered by social insurance, or through a public medical service (ILO, 1984). It requires that complete preventive and curative care be available, care which is rationally organised and coordinated with general health services. In India, medical care is provided largely by the public medical service, by private doctors and hospitals, and to a limited extent by social insurance schemes, welfare funds, and voluntary health associations. Some of the Welfare Funds in Kerala have adopted the reimbursement of the cost of medical care at standard rates or actual, whereas the Employees State Insurance Scheme is based on providing the service directly under an integrated arrangement in which the financing and the medical services vest with the same organisation. On the other hand, some of the public sector establishments provide service indirectly by entering into contract with doctors, diagnostic centres, and hospitals.

Sickness benefit

Sickness benefit is payable when an insured person has to stop work due to his poor health conditions, and such a stop in work usually entails reduction or stoppage of earnings. Cash benefit is designed to replace in whole, or in part, the lost earnings. In India, there is provision for payment of sickness benefit under the Employees State Insurance Scheme (Government of India, 1996). Employees of Central and State governments and some public and private sector establishments are entitled to medical leave on half-pay.

Maternity benefit

One of the earliest conventions adopted by ILO was the Maternity Protection Convention in 1919. The purpose of this Convention was to ensure that a woman worker would be able to sustain herself and her baby during the period immediately before and after her confinement. Maternity benefit is usually provided under a social insurance scheme along with medical care and sickness benefit. In India maternity benefit is provided under the Maternity Benefit Act (as an employers’ liability) the Employees State Insurance Act (as a part of the health insurance scheme), the Beedi and Cigar (Conditions of Employment) Act, Beedi and Cigar Labour Welfare Fund Act, and the various State government schemes for social assistance. The National Social Assistance Programme also provides for payment of maternity benefits in lump sum.

Employment injury benefit

Employment Injury Benefit is the most widely adopted branch of social security, and is also known as workmen’s compensation. According to ILO Recommendation No.67 concern in income security, the contingency for which compensation for employment injury should be paid, is traumatic injury, or disease in the course of employment, and not injury brought about deliberately, or by serious and willful misconduct of the victim, which results in temporary or permanent disability or death (ILO, 1984). This is a cash benefit but is often associated with medical care. In India, employment injury benefit is provided under the Workmen’s Compensation Act and the Employees State Insurance Act. While the former Act is applicable to some employment in the unorganised sector, such as the construction industry, the latter Act is applicable mainly to workers in the organised sector.

Old-age benefit

Old age, invalidity, and survivors’ benefits are the main long-term social security benefits, which are of great importance in any social security scheme. ILO conventions stipulate that the pensionable age should not be more than 65 years, unless required by demographic, economic, and social criteria, and that there should be a lower age for persons engaged in arduous occupations. Old age pension may be at a flat rate, or be related to one’s past earnings. The current trend appears to be toward building a multi-tiered system consisting of a basic minimum pension and one or more earnings-related pensions. In India old-age benefit is provided as follows (Ministry of Labour, 1996).

(a) Government employees: Paid by respective governments on the basis of employers’ liability.

(b) Employees’ pension scheme:

Workers covered under the Employees Provident and Miscellaneous Provisions Act.

(c) Destitutes and persons below the poverty line:

Paid under national old age pension scheme and old age pension schemes of State governments.

There exist no pension schemes for the self-employed, or for workers employed on a casual, temporary or intermittent basis who are not destitute, and who are not covered by the Employees Provident Fund and Miscellaneous Provisions Act.

Invalidity benefit

Invalidity benefit is meant for people who have permanently lost their capacity to earn to the extent prescribed. According to ILO Recommendation No.67 concerning income security, the contingency in which invalidity benefit is payable is the inability to engage in any substantially gainful activity, because of a chronic condition due to disease or injury, or because of the loss of a member or its proper functioning. The relevant ILO convention specifies 15 years of contribution or employment or 10 years of insurance. But usually one requires only a few years’ insurance, say five years, a part of which needs to be immediately preceding the invalidity. In India, the Employees Pension Scheme introduced in 1995 provides for invalidity benefits.

Survivors’ benefit

This benefit is meant primarily for widows and children of persons covered by Social Security Schemes who cease to have any financial support on the death of their breadwinner. However, national legislation often recognises claims of other dependents provided there are no primary beneficiaries. A widespread practice is to base the survivors’ pension on the rate of the old age pension the deceased was receiving or would have received (Sankaran, T.S, 1993). In India, survivors’ benefit is provided under the Employees State Insurance Act and Workman’s Compensation Act in case of death of a person engaged in any employment covered under these Acts. This benefit is provided under the Employees Provident Fund and Miscellaneous Provisions Act in case of the death of a member of the scheme for any reason. Insurance schemes of the Life Insurance Corporation and General Insurance Corporation also provide this benefit. The National Family Benefit Scheme extends this benefit in case of the death of the breadwinner of a family which lies below the poverty line.

Unemployment benefit

The underlying principle of unemployment benefit is that if a person, through no fault of his, is deprived of his income, he has a right to expect income support, at least for the necessities of life while he remains available for work. According to ILO recommendations No.67, the

contingency in which unemployment benefit should be paid is loss of earnings due to a state of unemployment of an insured person who is ordinarily employed, a person who is capable of regular employment in some occupation and is searching for suitable employment or due to part time unemployment (Government of India, 1995-‘96). Its main purpose is to deal with temporary unemployment of employed persons and not the extensive and prolonged unemployment and under-employment found in many developing countries. The payment of the benefits depends on satisfying the qualifying clause of covered employment, and a waiting period may also be applied.

Family benefit

ILO Recommendation No.67 says that society should co-operate with parents, and give general assistance designed to secure the wellbeing of children. This benefit is intended to assist families in raising their children. Although there are no family benefit schemes in India, which provide for the payment of cash allowances to families for the maintenance of children, there exist many schemes which help families of Scheduled Castes/Tribes, minorities and other weaker sections of society, in the discharge of their responsibilities for education of their children, marriage of their daughters, construction of houses, and meeting funeral expenses.

Strategies for social security

The majority of the Social security schemes implemented in the country were in the organized sector, keeping large numbers outside the realm of the Social security net (Berman, 1995). A beginning has been made lately to provide social insurance for workers in the unorganized sector, with the help of the Central and the State governments. These schemes are administered by government agencies, co-operatives or NGOs, and are a combination of social assistance and social insurance.

Insurance schemes

The Life Insurance Corporation of India has developed group insurance, which is akin to social insurance based on large numbers, and has the potential to provide social security to persons in the unorganized industrial and agricultural sectors. There exist now several other group insurance schemes for the unorganized sector workers such as milk producers, handloom weavers, rickshaw pullers, shop assistants, beedi workers, and fish farmers. The schemes of the LIC provide mainly survivor benefits; however, some also provide old-age pensions. The General Insurance Corporation (GIC) of India also administers a few social security schemes for poor families, a Hut Insurance Scheme, and a Solatium Fund. In addition, GIC has introduced a Health Insurance Scheme, and has been administering the comprehensive Group Insurance

Scheme for the Central Government. The schemes of the General Insurance Corporation provide invalidity benefits, or health insurance, or protection against loss of property.

National Social Assistance Programme

Of the various protective schemes in existence for workers in the unorganised sector, the most important is the National Social Assistance Programme introduced in 1955 (Wadhawan, 1989). It provides social assistance to poor households in the case of old age, death of the breadwinner, and maternity through the National Old Age Pension Scheme, National Family Benefit Scheme, and the National Maternity Benefit Scheme respectively. Under the National Old Age Pension Scheme, Central assistance is provided to States for payment of old age pension to persons who are of the age of 65 years or more. In addition to the National Old Age Pension Scheme, all State governments and Union territories have their own old-age pension schemes.

Other pension schemes

Apart from the old-age pension schemes already referred to, the States Kerala, Tamil Nadu, Karnataka, Andhra Pradesh, Maharashtra, and Gujarat have pension schemes for agricultural workers. Many states have extended the old-age pension scheme benefits to destitute widows, physically and mentally retarded persons, freedom fighters and indigent artists; and some have also set up homes for destitute widows and deserted /divorced women. Under the Family Benefit scheme assistance is given to families below the poverty line on the death of their breadwinner; under the National Maternity Benefit scheme assistance is given to pregnant women for the first two childbirths.

Welfare Funds

Welfare funds represent one of the models tried in India for providing social security protection to workers in the unorganised sector. There exist broadly two types of welfare funds– contributory and tax-based. The Government of India has set up tax-based welfare funds for mine workers, beedi rollers, cine workers, and workers in the building industry; these funds are financed by cess levied on the production or export of specified goods. They provide mainly medical care, assistance for the education of children, housing and water supply, and recreational facilities. There are nearly 20 Welfare Funds constituted by Government of Kerala for the benefit of different target groups such as agricultural workers, head-load workers, construction workers,

coir workers, cashew workers, motor transport workers, autorickshaw workers, toddy workers, and artisans the majority of which are contributory.

Existing models of social security and labour welfare

Since India has committed to the welfare of the marginalized sections of the society the government has taken upon itself the delivery of all types of social services and social security. This pattern is reflected in existing models of social security delivery as may be seen from Table 2.1. There are mainly three types of social security models: employers’ liability, social insurance, and social assistance. The last category includes welfare funds of

Central government, welfare funds of State government, subsidised insurance schemes, and other forms of social assistance. The beneficiaries of the first (employers’ liability) are mainly workers in the organised sector, whereas under social assistance the beneficiaries are both workers in the organised sector and workers in the informal sector. The latter belong in generally to the marginalised sectors. In the context of growing privatizations of services on the one hand and the growing awareness and organisation of the oppressed sections of workers on the other, it is necessary to search for models of effective social security provision to all the unorganised sector workers. Breadwinner and maternity through the National Old Age Pension Scheme, National Family Benefit Scheme, and the National Maternity Benefit Scheme respectively. Under the National Old Age Pension Scheme, Central assistance is provided to States for payment of old age pension to persons who are of the age of 65 years or more. In addition to the National Old-Age Pension Scheme, all State governments and Union territories have their own old-age pension schemes.

Table 2.1 Existing Models of Social Security

Model Nature of Benefit

Beneficiaries

Arrangement

Administrative/

Financial

1.Employers’ Liability

1. Workermen’s comp.

2.Maternity Benefit

3.Gratuity

4.Retrenchment comp.

Workers in the

Organized Sector

Employers manage

2.Social Insurance

(A) 1.Medical Care

2.Sickness

3.Maternity

4.Occupational

Injury

Workers in the

Organised sector

Administered by

Employees’ State

Insurance Corporation

financed out of

contributions from

employers, employees

and State Governments

(B)1.Old-age benefit

2.Invalidity benefit

3.Survivors’ benefit

4.Provident Fund

Workers in the organized sector and some sections of the workers in organized sectors.

Administered by

central Board of

Trustees, financed by

contributions from

employers, employees

and central government.

3.Social

(a)Welfare Funds of

Central Government

(A) 1.Medical care

2.Education

3.Housing

4.Water Supply

1. Mine workers

2. Beedi workers

3. Cine workers

4. Building works

Administered Depart-mentally

financed by

special levies in the form of cesses.

(B) 1.Education

2.Old-age Benefit

3.Survivors’ Benefit

(b) Welfare Funds of

state Government

1.Old-age Benefit

2.Medical Care

3.Education

4.Assistance for

Workers in the

unorganised sector,

such as handloom

workers, Coir

Workers and

Administered by

autonomous boards

financed by contributors

from employers,

marriage, housing etc.

Cashew Workers.

.

workers and others

(c) Subsidized Insurance

1.Survivors’ benefit

2. Invalidity benefit

Vulnerable groups

of workers such as

agricultural workers

and handloom workers.

Administered by LIC

and GIC, financed by

contributions from

central and state Governments

(d) Other Forms of

Social Assistance

1.Old-age benefit

2.Maternity benefit

3.Surviovrs’ benefit

4. Assistance for:

employment

training

education etc.

Persons outside the

job market and

below the poverty

line, destitutes,

orphans, deserted,

and divorced

women, widows,

disabled persons,

SCs., STs., OBCs,

etc.

Administered Depart-mentally

financial from

general revenues

Social security for the unorganised workers cannot be reached by centralizing and standardizing schemes; they can be reached by workers themselves to take initiative (Subramanya, 1994). People remain weak and vulnerable partly because they are unorganised and hence isolated and powerless. The provision social security can itself be a means that would lead the unorganised sector workers to organise and become empowered. Security of needs like food, health care,

housing and child care, is empowering for vulnerable unorganised sector workers and helps them to alter their bar-gaining positions in the market (Sen and Dreze, 1990).Centralised non-participatory systems tend to be disempowering, while participatory and beneficiary-run systems lead the workers to organise themselves.

LEGISLATIVE PROTECTIONThe Government has taken various initiatives through enactment of legislations, creation of welfare funds, spreading workers education and through supporting non-governmental organisations to bring the deprived class into the mainstream of work force. Some of the important legislations which help workers are as under:-

Minimum Wages Act, 1948. Workmen’s Compensation Act, 1923. Maternity Benefit Act, 1961 The Employees State Insurance Act, 1948

RECOMMENDATIONS

In addition to the statutory provisions on Occupational Health and Hygiene prescribed under the

the issues related to Occupational Health and Hygiene in mills have been discussed in

Conferences on Safety in Mills. The VIIth, VIIIth, and IXth Conferences on Safety in Mills

have made detailed recommendations on creation of occupational health services, occupational

health hazards and occupational health surveillance in the mining industry. Some of the

important recommendations of Conferences on Safety in Mills are:

Occupational Health Services

1. There is a need for creation of occupational health services in each mining company working

mechanized mills.

2. Occupational Health Services shall have sufficient technical personnel with specialized

training and experience in occupational health. The Occupational Health Services shall carry out

following functions:

identification and assessment of the risk from health hazards at the work place;

Surveillance of the factors in working environments and work practices which may affect

workers’ health;

Surveillance of workers’ health relating to work;

Advising the management on issues relating to occupational health, industrial hygiene,

first-aid and ergonomics.

Medical Surveillance

There should be at least one medical officer properly trained in occupational health and in

use of the ILO Classification of Radiographs for Pneumoconiosis.

Adequate facilities for X-rays and lung function tests should be provided at each medical

examination centre.

If the profusion of any type of pneumoconiotic opacities in chest radiograph is 1/0 or

above according to ILO classification, the case shall be certified and notified as

Pneumoconiosis.

One medical examination for every person should be arranged within one year of his

superannuation.

Dust

Every mining company operating rnechanised mills should take early steps to ensure that:

1. Adequate arrangements and wherever necessary infrastructure facilities to carry out dust

surveys in mills are established.

2. Air-borne dust surveys are conducted and necessary control measures, wherever required

are taken;

(i) At all mechanized long wall faces, mechanized board and pillar workings and road header

drivages in coal mills;

(ii) At all drilling, mechanized loading and crushing operations in non-coal mills;

(iii) At all ore/coal handling/benefication plants.

Noise

All mining companies should take steps regarding

• Standardization of the information to be furnished by the manufacturers/suppliers; as well as

its assessment procedure;

• Development and supply of the proper type of ear protectors including helmet-mounted ear

muffs.

Audiometry should be introduced, as a mandatory part of medical examination, for persons

seeking employment in mills and for persons engaged in operations/areas where a noise level

exceeds 90 dBA.

Occupational Health Surveillance

1. Occupational Health Services in mining companies wherever not yet established shall be

established.

2. Each mining company operating mechanized mills shall computerize all records of

medical and environmental surveillance.

3. All chest radiographs of Initial and Periodical Medical Examinations shall be classified for

detection, diagnosis and documentation of pneumoconiosis in accordance with ILO

standards.

4. Classification for Pneumoconiosis.

5. Each mining company operating mechanized mills shall set up an Occupational Diseases

Board consisting of one Occupational Health Physician, one Radiologist and one General

Physician.

REFERENCES

http://www.khannapaper.com

http://www.fairtoagencyworkers.org/

http://www.deir.qld.gov.au/workplace/landing/landing.htm?occupation=Wood%20and%20paper%20product%20manufacturing

http://ilo.org

http://www.deir.qld.gov.au/workplace/landing/landing.htm?occupation=Wood%20and%20paper%20product%20manufacturing

http://www.issa.int/Resursy/Conference-Reports/Social-security-for-unorganised-sector-workers-in-India