Docsity
Docsity

Prepare for your exams
Prepare for your exams

Study with the several resources on Docsity


Earn points to download
Earn points to download

Earn points by helping other students or get them with a premium plan


Guidelines and tips
Guidelines and tips

Social Security Measures, Essays (high school) of Labour Law

Social Security Measures

Typology: Essays (high school)

2014/2015

Uploaded on 10/27/2015

shanu_shivangi
shanu_shivangi 🇬🇧

5

(1)

1 document

1 / 6

Toggle sidebar

This page cannot be seen from the preview

Don't miss anything!

bg1
SOCIAL SECURITY MEASURES IN INDIA
Sathish Chandra MR1, Veena V2
Social Security is defined by the
International Labour Organization
(ILO) as “The protection which so-
ciety provides for its members
through a series of public
measures against the economic
and social distress that otherwise
would be caused by the stoppage
or substantial reduction of earn-
ings resulting from sickness, ma-
ternity, employment injury, inva-
lidity and death; the provision of
medical care; and the provision of
subsidies for families with chil-
dren” (1984). The security which
society furnishes through appro-
priate organizations against cer-
tain risks to which its members are
perennially exposed.
NEEDS OF SOCIAL SECURITY
In India 90% of families earn
their livelihood from the unor-
ganized sector. Most of the rural
and informal sector workers in the
world do not have any social secu-
rity measures. In most of the devel-
oping countries the rural and in-
formal sectors constitute the bulk
of the population. They do not
have any form of insurance or se-
curity (e.g. Maternity benefits, re-
tirement benefits, health insurance
etc) nor do they have representa-
tive organizations that might help
them by fighting for these benefits.
Poor are particularly vulnerable to
the lack of health security
measures. They spend a greater
percentage of their budget on
health related expenditures. Dur-
ing sickness they need to spend
large amounts of money for treat-
ment and are unable to earn
money while under treatment. Ma-
jority of poor households reside in
remote rural areas where no gov-
ernment or private medical facili-
ties are available and obtaining
treatment at town or district level
hospital involves travel costs,
which are not insignificant. As a
Worker/Employee, you are a
source of social security protection
for yourself and your family. As an
Employer you are responsible for
providing adequate social security
coverage to all your workers.
NEEDS THAT NECESSITATES
SOCIAL SECURITY
1. Physical risks: Sickness, in-
validity, old age, maternity, acci-
dents, death.
2. Economic risks : Unemploy-
ment
3. Economic burden of large
family
SOCIAL IMPACT OF SOCIAL
SECURITY MEASURES
Short term effects:
Provides adequate medical care
and prevents accidents and illness
which will ultimately benefit the
workers and the society.
Long term effects:
More efficient workers. Higher
productivity and a greater feeling
of security. Reduced absenteeism,
labour turnover and stabilized
working class. Improve the living
standards of the people and
strengthen livelihoods.
Significance of Social Security
Methods:
Important step towards the
goal of welfare state and helps in
the formation of stable and effi-
cient labour force. Tends to reduce
the wastage arising out of indus-
trial disputes, sickness, and disa-
bility. Social cost of industrializa-
tion in the shape of unemploy-
ment, disability, frustration and
mass dissatisfaction is considera-
bly minimized.
AIM OF SOCIAL SECURITY
Measures to be taken to im-
prove the condition of work
Reduction in the hours of
work.
Better lighting and ventila-
tion.
Proper disposal of trade
waste and adequate provision for
bathrooms etc.
Improve the safety
measures to reduce accidents and
disability.
Restoration: Early restoration
of the workers to their normal oc-
cupation as early as possible.
APPROACHES TO SOCIAL
SECURITY (Table 1)
There are mainly two types:
1. Social assistance
2. Social insurance
Social assistance:
A method to provide benefits as
of right to persons usually of small
means in amounts sufficient to
meet a minimum standards of liv-
ing from general revenues of the
state. Characteristics feature of this
is the beneficiaries do not make
any contribution towards various
benefits which are made available
to them. It is a “Non-contributory
benefits” towards the maintenance
of vulnerable groups such as chil-
dren, mothers, aged peoples, disa-
bled etc. Very much essential for
the effective working of the eco-
nomic system.
Social Insurance
A method to provide benefits as
a matter of right for persons of
small earnings, in amounts which
combine the contributions of the
beneficiaries with subsidies from
Perspectives
1Assistant Professor, Department of Community Medicine, BGS Global Institute of Medical Sciences, Bangalore
Correspondence to Dr Sathish Chandra MR (sathi.medico@yahoo.co.in)
ANNALS OF COMMUNITY HEALTH | VOL 2 | ISSUE 2 | APR - JUNE 2014 | Page: 48
pf3
pf4
pf5

Partial preview of the text

Download Social Security Measures and more Essays (high school) Labour Law in PDF only on Docsity!

SOCIAL SECURITY MEASURES IN INDIA

Sathish Chandra MR1,^ Veena V^2

Social Security is defined by the International Labour Organization (ILO) as “The protection which so- ciety provides for its members through a series of public measures against the economic and social distress that otherwise would be caused by the stoppage or substantial reduction of earn- ings resulting from sickness, ma- ternity, employment injury, inva- lidity and death; the provision of medical care; and the provision of subsidies for families with chil- dren” (1984). The security which society furnishes through appro- priate organizations against cer- tain risks to which its members are perennially exposed.

NEEDS OF SOCIAL SECURITY In India 90% of families earn their livelihood from the unor- ganized sector. Most of the rural and informal sector workers in the world do not have any social secu- rity measures. In most of the devel- oping countries the rural and in- formal sectors constitute the bulk of the population. They do not have any form of insurance or se- curity (e.g. Maternity benefits, re- tirement benefits, health insurance etc) nor do they have representa- tive organizations that might help them by fighting for these benefits. Poor are particularly vulnerable to the lack of health security measures. They spend a greater percentage of their budget on health related expenditures. Dur- ing sickness they need to spend large amounts of money for treat- ment and are unable to earn money while under treatment. Ma- jority of poor households reside in remote rural areas where no gov-

ernment or private medical facili- ties are available and obtaining treatment at town or district level hospital involves travel costs, which are not insignificant. As a Worker/Employee, you are a source of social security protection for yourself and your family. As an Employer you are responsible for providing adequate social security coverage to all your workers.

NEEDS THAT NECESSITATES SOCIAL SECURITY

  1. Physical risks: Sickness, in- validity, old age, maternity, acci- dents, death.
  2. Economic risks : Unemploy- ment
  3. Economic burden of large family

SOCIAL IMPACT OF SOCIAL SECURITY MEASURES Short term effects: Provides adequate medical care and prevents accidents and illness which will ultimately benefit the workers and the society. Long term effects: More efficient workers. Higher productivity and a greater feeling of security. Reduced absenteeism, labour turnover and stabilized working class. Improve the living standards of the people and strengthen livelihoods. Significance of Social Security Methods: Important step towards the goal of welfare state and helps in the formation of stable and effi- cient labour force. Tends to reduce the wastage arising out of indus- trial disputes, sickness, and disa- bility. Social cost of industrializa- tion in the shape of unemploy- ment, disability, frustration and

mass dissatisfaction is considera- bly minimized.

AIM OF SOCIAL SECURITY

Measures to be taken to im- prove the condition of work  Reduction in the hours of work.  Better lighting and ventila- tion.  Proper disposal of trade waste and adequate provision for bathrooms etc.  Improve the safety measures to reduce accidents and disability. Restoration: Early restoration of the workers to their normal oc- cupation as early as possible.

APPROACHES TO SOCIAL

SECURITY (Table 1) There are mainly two types:

  1. Social assistance
  2. Social insurance Social assistance : A method to provide benefits as of right to persons usually of small means in amounts sufficient to meet a minimum standards of liv- ing from general revenues of the state. Characteristics feature of this is the beneficiaries do not make any contribution towards various benefits which are made available to them. It is a “Non-contributory benefits” towards the maintenance of vulnerable groups such as chil- dren, mothers, aged peoples, disa- bled etc. Very much essential for the effective working of the eco- nomic system. Social Insurance A method to provide benefits as a matter of right for persons of small earnings, in amounts which combine the contributions of the beneficiaries with subsidies from

Perspectives

(^1) Assistant Professor, Department of Community Medicine, BGS Global Institute of Medical Sciences, Bangalore Correspondence to Dr Sathish Chandra MR (sathi.medico@yahoo.co.in) ANNALS OF COMMUNITY HEALTH | VOL 2 | ISSUE 2 | APR - JUNE 2014 | Page: 48

the employer and the state. Char- acteristics feature of this is the ben- eficiaries, employers and the Gov- ernment make contributions to- wards the creation of common pool, out of which benefits are paid to the members in the event of any contingencies. Type of compulsory mutual aid with benefits can be claimed as a matter of right. Suita- ble where the class of workers to be covered is sufficiently well orga- nized, legally regulated and finan- cially stable.

SOCIAL SECURITY SCHEMES IN INDIA The principal social security laws for workers are the following:  The Employees State Insur- ance Act, 1948 (ESI Act)  The Employees Provident Funds & Miscellaneous Provisions Act, 1952 (EPF & MP Act)  The Workmen’s Compensa- tion Act, 1923 (WC Act)  The Maternity Benefit Act, 1961 (M.B. Act)  Coal Mines Provident Fund Bonus Scheme, 1948  Employees Family Pension Scheme, 1971 Social security for civil servants : Central Government Health Scheme (CGHS) Social Assistance Scheme:

National Social Assistance Pro- gramme (NSAP). Three compo- nents of this are:  National Old Age Pension Scheme  National Family Benefit Scheme  National Maternity Benefit Scheme

The Employees State Insurance Act, 1948 (ESI Act) The Act contains an enabling provision under which the "appro- priate government" is empowered to extend the provisions of the Act to other classes of establishments - industrial, commercial, agricul- tural or other-wise. Under these provisions most of the State Govts. have extended the provisions of the Act to new classes of establish- ments namely: shops, hotels, res- taurants, cinemas including pre- view theatres, road-motor transport undertakings and news- paper establishments employing 20 or more coverable employees. Administration : The ESI Scheme is administered by a cor- porate body called the Employees’ State Insurance Corporation (ESIC). Union Minister For Labour is the chairman of this corporation. It consists of members represent-

ing Central and State Govern- ments, employers and employees organizations, medical profes- sion and parliament. The Head Quarters of the ESI Corporation is located at Delhi and has 58 field of- fices such as 23 Regional Office, 26 Sub-Regional Office and 4 Divi- sional Office and 2 Camp Office and 3 Liaison Office throughout the county. Besides, there are 610 Branch Offices and 187 Pay Offices for administration of cash benefits to Insured Persons. The Govern- ment’s recent decision to raise the pay limit from Rs 15,000/month to Rs 25,000/month to get coverage under the Employees State Insur- ance Scheme (ESI) without any im- provement in service quality has been opposed by a section of trade unions. Coverage of this scheme : 91. lakh employees, including 15. lakhs women and the total number of beneficiaries were around 354 lakhs. Medical facilities are pro- vided through a network of 1427 ESI dispensaries, over 2100 panel clinics, 307 diagnostic centres, 143 ESI hospitals and 43 hospital an- nexes with over 27000 beds. The payment of cash benefits is made at the grass root level through 610 branch offices. Finance of the scheme : Run by the contributions by employee, employer and grants from the Cen- tral and State Governments. Em- ployer – 4.75 % of total wage bill. Employee – 1.75 % of wage bill. State Government's share of ex- penditure on medical care is 1/8 of total cost of medical care; ESI Cor- poration‘s share of expenditure on medical care is 7/8 of total cost of medical care. Benefits to the employees: Medical Benefit , Sickness Benefit , Maternity Benefit , Disablement Benefit, Dependents Benefit , Fu- neral Expenses , Rehabilitation al- lowance.

Table 1- Showing difference between Social Assistance and Social Insurance Social Assistance Social Insurance  A method to provide bene- fits as of right to persons usually of small means in amounts suffi- cient to meet a minimum stand- ards of living from general reve- nues of the state.

 A method to provide bene- fits as a matter of right for persons of small earnings, in amounts which combine the contributions of the beneficiaries with subsidies from the employer and the state.  Non contributory  Contributory  For the vulnerable groups of the community (children, mothers, invalids, aged people, disabled)

 For the well-organized, le- gally regulated, financially stable community.

 Cannot be claimed as a matter of right (Provided)

 Can be claimed as a matter of right

mous bodies/Semi Govt. organiza- tion, Accredited Journalists, Ex- Governors and Ex-Vice Presidents of India. Facilities provided under CGHS through: Dispensaries, poly clinics and Government / recog- nized hospitals. Facilities provided : Outpatient care facilities in all systems, Emer- gency Services in Allopathic sys- tem, Free supply of necessary drugs, Lab and Radiological inves- tigations, Domiciliary visits to seri- ously ill patients, Specialist consul- tation both at the dispensary and hospital level, Family welfare ser- vices, Specialized treatment in both Govt. and Private recognized hospitals, 90% advance for under- going specialized procedures on admission in hospitals when re- quired.

National Social Assistance Pro- gramme (NSAP) In 1995, the Government of In- dia introduced for the first time an all-India protective type social se- curity scheme, the National Social Assistance Programme (NSAP). The NSAP encompasses a national policy for social assistance benefits

to poor households in the case of old age, death of breadwinner and maternity. The programme has, so far, three main components: the Na- tional Old Age Pension Scheme, the National Family Benefit Scheme, and the National Mater- nity Benefit Scheme

National Old Age Pension Scheme Under the Scheme, Central as- sistance is available with Age of the applicant (male or female) is 65 years or above and The applicant is destitute in the sense of having lit- tle or no regular means of subsist- ence from his/her own sources of income or through support from family members or other sources. National Family Benefit Scheme (NFBS) Central assistance under the Scheme is available on death of primary breadwinner occurs while he or she is more than 18 years and less than 65 years of age. The pri- mary breadwinner shall be a mem- ber whose earnings contribute sub- stantially to the household income. The bereaved household qualifies

as one below the poverty line ac- cording to the criteria prescribed by the Government of India. The amount of benefit is Rs.10,000/- in the case of death of primary bread- winner due to natural or accidental cause and is paid to the member of the household of the deceased who, after local inquiry, is deter- mined to be the head of the house- hold.

Janani Suraksha Yojana It was launched on 12th^ April

Objectives of this scheme were reducing maternal mortality and infant mortality through encour- aging delivery at health institu- tions & focusing at institutional care among women in below pov- erty line families. Salient features of this scheme were 100 percent centrally spon- sored scheme & it integrates the benefit of cash assistance with in- stitutional care during ante natal, natal and immediate post-partum care.

Table 2 - Showing financial assistance under Janani Suraksha Yojana scheme Category of States

Rural Area Urban Area Mother ASHA Total Mother ASHA Total Eligibility Criteria Financial Assistance for Institutional Delivery Low Per- forming States (LPS)

Rs.1400 Rs.600 Rs.2000 Rs.1000 Rs.400 Rs.1400 Available to all women regard- less of age and number of chil- dren for delivery in Government / private accredited health facili- ties. High Per- forming States (HPS)

Rs.700 Rs.600 Rs.1300 Rs.600 Rs.400 Rs.1000 Available only to BPL/SC/ST women regardless of age and number of children for delivery in government / private accred- ited health facilities. Financial assistance for Home Delivery LPS Rs.500 nil Rs.500 nil Rs.500 nil Available only to BPL women who prefer to deliver at home re- gardless of age and number of children

HPS Rs.500 nil Rs.500 nil Rs.500 nil

Criteria for beneficiaries:  Women delivering at home or admitted to sub centre / Govern- ment hospital / recognized private hospital (general ward).  Belonging to the BPL fami- lies.  Current delivery must be the first or second live delivery.  She should be more than 19 years of age.

 She must have got ANC check-up at least 3 times.  She must have taken IFA tablets and TT injection. ASHA would work as a link health worker between the poor pregnant women and public sector health institution in the ten LPS. They will also get an assistance of Rs. 500 if delivered at home up

to two live births and also assis- tance of up to Rs. 1500 for caesar- ean section.

Yashaswini Health Insurance Scheme of Karnataka The Government of Karnataka has introduced Yashaswini Health Scheme during the year 2002-03 for the benefit of the members of agri- cultural credit societies and banks and it has been extended to the members of the “Self Help Group” unable to afford for surgeries.  It has more than 2 million members.  More than 1600 surgeries are covered under this scheme.  Insured person can claim in 150 private hospitals aligned with the scheme.  Maximum coverage pro- vided for per person per year amount to Rs. 2,00,000.  Single surgery of up to Rs. 96000 is covered.  Annual premium is Rs. 120.  The scheme also receives Government subsidies.  The scheme does not cover in patient admission without sur- geries.  Free OPD treatment is also provided.

Prasoothi Araike - Care for the pregnant It covers all pregnant women belonging to BPL of all districts. The benefits and conditions of the scheme are the pregnant women have to register their names with the Junior Female Health Assistant of the area. The beneficiaries will get Rs.1000 during the second tri- mester ante natal check-up (i.e., be- tween 4 th^ and 6 th^ month) and Rs.1000 during the third trimester ante natal check-up (ie., between 7 th^ and 9th^ month), totalling Rs. paid through bearer cheque. Dur- ing every ANC check-up, the Med-

Table 3- Financial Assistance under Old age pension scheme and Sandhya Suraksha Yojane. Sl no

Indira Gandhi National Old Age Pension

Sandhya Suraksha Yojane

Demographic Criteria 1 Age>65 years Age>65 years Income Criteria 2 BPL as per criteria of Govern- ment of India (equal or less than 26 points out of 52 points criteria as fixed by Rural Development and Panchayat Raj Department). As per existing criteria pension is granted to a destitute person with little or no regular means of subsistence from his/ her own sources of income or through fi- nancial support from family members or other sources

Annual Income of the husband or wife or both should not exceed Rs.20,000 as certified by the local rev- enue authority and the total value of combined deposited amount held by the pensioner and his/ her spouse should not exceed Rs.10,000. If the income is declared by beneficiary himself/ herself, the income of chil- dren will not be counted for calcula- tion of the income of the proposed social security pensioner. Residential Criteria 3 He/ She should be a resident of Karnataka for 10years or more

He/ She should be a resident of Kar- nataka for 10years or more Amount of Pension 4 A sum of Rs.400 will be dis- bursed every month, equally shared by the Central and the State government.

A sum of Rs.400 will be disbursed every month, with 100% contribu- tion from the State government.

Type of Beneficiaries 5 BPL is the Criteria for selection of beneficiaries. Such of the persons availing widow pension, physi- cally handicapped pension, Sandhya Suraksha Yojane pen- sion or any form of pension from public/ private sources are not el- igible for this scheme.

Beneficiaries are selected from among small farmers, marginal farmers, Agricultural farmers, weav- ers and unorganized workers. Such of the persons availing old age pen- sion, destitute widow pension, phys- ically handicapped pension or any form of pension from public/ private sources are not eligible for this scheme.