Covers Anna university syllabus unit 5: welfare of special categories of labor in (Industrial relations and labor welfare)

1. Industrial relations and labor
welfare
Unit 5 : Welfare of special
categories of labor
Prepared and presented by
N. Ganesha Pandian
Assistant professor
Madurai school of management
Madurai

2. Child labor
• The rights of a child are protected under various
legislations including a mention of them in the
constitution of India
• Article 21A of the constitution of India 1950
• Rights to education: The state shall provide free
and compulsory education to all children of the
age 6 to 14 years in such manner as stated, by the
law

3. Contd…
• Article 24 – Prohibition of employment of children in
factories etc.,
No child below the age of fourteen years shall be employed
in work in any factory or mine or engaged in any other
hazardous employment
Article 39 – The state shall, in particular, direct its policy
towards securing, that the health and strength of workers

4. Laws pertaining to prohibition of child
labor
1. Children (pledging of labor act) 1933
2. Employment of children act (1938)
3. The Bombay shops and establishments act (1948)
4. Child labor (prohibition and regulation act) 1986
5. The Indian factories act (1948)
6. Plantations labor act (1951)
7. The mines Act (1952)
8. Merchant shipping act (1958)
9. The apprentice act (1961)
10. The motor transport workers act (1961)
11. The atomic energy act (1962)
12. Beedi and cider workers (condition of employment) act 1966
13. State shop and establishment act

5. The child labor (prohibition and
regulation) Act 1966
• The act came into force from 23rd December 1986.
Its main objectives are to prohibit the
employment of children in certain categories of
industries and to regulate the conditions of work
of children in certain industries

6. Scope
• Important definitions under the Act:
“Workshop” means any premises including the precincts
thereof) wherein any industrial process is carried on, but
doesn't include any premises to which the provisions of
factories act 1948 applies
“Appropriate Government” means in relation to an
establishment under the control of the central government or
a railway administration or a major port or a mine or oilfield,
the central govt. and in all other cases the state govt.
“Child” means a person who had not completed 14 yrs of age

7. Main provisions of the act
1. Prohibition of employment of children in certain
occupations and processes:
2. No child can be employed, or permitted to work
in nay of the occupation set forth in part A of the
schedule or in any workshop wherein any of the
processes set forth in part B of the schedule is
carried on

8. 3. Hours and period of work:
a, No child shall be allowed to work in any establishment in excess
of such number of hours as may be prescribed for such
establishment or class establishment
b, The daily hours or work shall be so fixed that no child shall be
allowed to work for more than three hours without prior interval
of an hour
c, The hours of work shall be so arranged that inclusive of rest
interval, time spread and time spend in waiting for the work shall
not exceed six hours a day
d, No child shall be allowed to work between 7 PM and 8 AM
e, No child shall be allowed to work in nay establishment on any
day on which he has already worked in some other

9. Contd…
3. Weekly holiday:
Every child employed in any establishment shall be given one
weekly holiday of 24 hours
4. Healthy and safety:
a, the appropriate govt by notification in the official gazette, can
make rules for health and safety of children employed or
permitted to work in any establishment
b, without any prejudice to the generality of the for going
provisions, the rules for health and safety may provided for all
or any of the follow of matters, namely:

10. Cleanliness is the place of work and its freedom from nuisance
Disposal of wastes and effluents
Ventilation and temperature
Dust and fumes
Lighting
Drinking water
Artificial humidification
Latrine and urinal
Spitoons
Fencing of machines

11.  Work at or near machinery in motion
 Employment of children on dangerous machines
 Instructions training and supervision
 Device for cutting off power
 Self- acting machines
 Casing of new machinery
 Floor, stairs and means of access.
 Pits, sumps , opening in floors etc
 Excessive weights
 Protection of eyes
 Explosive or inflammables, dust, gas etc.

12. Child Labour Technical Advisory
Committee
 The central government by notification in the
official gazette may constitute a “child Labour
technical advisory committee “ to advise government
for the purpose of occupation and processes to be
included in the schedule.
 The committee shall consists of a chairman and
such other members not exceeding ten.

13. 6. Power to make rules:
The appropriate government by notification in the official
gazette can make rules for the proper enforcement of the act.
7. Appointment of inspectors:
The appropriate government may appoint inspectors for the
purpose of securing compliance of this act.
8. penalties:
whosoever employs any child are permits any child to work in
contravention of the provision of act shall be punishable with
improvement of a term of not les than 3 months but can be extended
months to 1 year or 10,000 may be extended to 20,000or both.

14. Strategy for the elimination of child labor under
the 10th plan:
 A evaluation of the scheme was carried out by independent agencies in co-
ordination with V.V.Giri national labor institute in 2001.
 Based on the recommendations of the evaluation and experience of
implementing the scheme since 1988, the strategy for implementing the
scheme during 10th plan was devised.
 It aimed at greater convergence with the other developmental schemes and
bringing qualitative changes in the scheme. Some of the salient features as
follows.
 Focused and reinforced action to eliminate child labor in the hazardous
occupation by the end of plan period

15. The contract labor
(Regulation and abolition) act 1970
Scope and coverage: The act came into force 10th Feb. 1971. it extends to
the whole of India and applies to every establishment in which 20 or
more workmen are or were employed on any day during the preceding
12 months as contract labor and to every contractor who employs or
employed or any day during the preceding 12 months more than 20
workmen
Administration of the act: Though the act is a central legislation, get it is
administrated both by central and state government
The central government administers the act in regard to railways ,
cantonment board towards major ports, mines and oilfields, banking
and insurance companies

16. Main provisions of the act
1. Setting up of advisory board :
2. Registration of establishment :
Every principal employer who wishes to employ contract labor has to
get the establishment accepted for registration. The registration
officer issues a registration certificate if the establishment accepted
for registration
3. Prohibition of employment of contract labor :
Both the central and state government can prohibit the employment of
contract labor in any process, operation or other work in any
establishment after consulting their advisory boards and consider
the conditions of work and benefit provided for contract labor in the
establishment

17. 4. Licensing of contractors:
Every contractor has to obtain a licensing for employing contract
labor from licensing officer appointed by the government for this
purpose
The license is issued for a specific period, on the expiry of which it has
to be renewed
5. Welfare and health of contract labor:
A contractor is required to provide and maintain
1. A sufficient supply of wholesome drinking water
2. A sufficient number of latrines and urinals
3. Washing facilities
4. First aid box
5. One or more canteens

18. 6. Responsibility for payment of wages:
The contractor is also to be responsible for making regular and
timely payment of wages to his workers
The payment is to be made in the presence of the authorized
representative of principal employer
7. Penalties: The act provides for imprisonment for a term of 3
months of fine ranging from five hundred rupees or both for
contravention of various provision of the act and other offences
8. Inspectors and rules: The act provides for the appointment of
inspectors and defines their powers and jurisdiction. There is also
a provision for making rules by central and state governments for
carrying out the purposes of the act (sec 28, 35)

19. 9. Rights of contract labor:
The contract labor has the right to:
a, claim such working conditions, facilities and
other benefits as are provided for under the act
and the rules framed there under (sec 16-22)
b, they can be represented by their representatives
on the central and state advisory boards (sec 4)

20. Women labor
Employment opportunities and wage disparity
1. Equality of employment and occupation is not possible without
equal opportunities and equal treatment.
2. The principle of equal pay, the antithesis of wage disparity, is
based on the recognition of an objective evaluation of work in
order to determine pay; and elimination of “discriminatory
structural gender bias in labour markets.”
3. The ILO Constitution of 1919, and the ILO Convention on
Equal Remuneration 1951, both recognise the principle of
“equal pay for work of equal value.”

21. Contd…
• This is also enshrined in the Constitution of India
under Articles 14 and 15, as well as the Equal
Remuneration Act of 1976.
• One of the most basic reasons as to why there is an
inequality in the employment opportunities
available to women and the disparity in wages is
that women are view as supplementary earners and
men are viewed as primary breadwinners

22. Sexual harassment of women in the
workplace
• Close to half the population of the country is
female and based on that approximately half the
hypothetical potential workforce would then be
female
• National Commission on Labour in 2002, “any
social, economic or industrial system that ignores
the potentials, talents and special attitudes of this
half will be flawed on many counts”

23. Contd…
Sexual Harassment in the workplace refers to any unwanted sexual advances,
be it verbal or physical, as long as it is of sexual nature and is either used as
leverage for favourable treatment at work or is interfering with an
individual’s performance at work by creating a hostile work environment.
Sexual harassment is inclusive of:
• Inappropriate remarks, jokes, or insinuations of a lewd or sexual nature
• Unwanted physical contact, including assault
• Lewd gestures and lecherous looks
• Compromising invitations.
• Requests or demands for sexual favours – including implicit or explicit
threats of dismissal or other unfavourable treatment if such favours are
refuse; also incentive of favourable treatment in return for such favours.

24. Contd…
• Protection of Women against Sexual Harassment at Workplace
Bill; from the year 2000 to 2010 there have been 9 different
attempts by different drafting committees.
• In 2012, the final Bill on the subject, The Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal)
Bill drafted by the Women and Child Development (WCD)
Ministry was proposed and was passed by both houses in 2013.
• The Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act came into force on the 9th of
December 2013

25. Contd…
• The current position in India with regards to sexual
harassment at the workplace as under the Act of 2013 is a
more improved version of the guidelines laid down in the
Vishaka case.
• The Act defines sexual harassment, and not only provides a
mechanism for redressal of complaints, but also allows for
safeguards against malicious complaints.
• It defines “aggrieved woman” to include all women, regardless
of their age or area/ sector of employment. It includes public
servants to domestic workers

26. Maternity Benefits
• Women with infants and young children, often have to pick between their job
and their responsibility towards their children, due to that lack of facilities at
their workplaces, in order to accommodate both.
• The ILO Maternity Protection Convention (2000) extends the provisions of ILO
Maternity Protection Convention (Revised) 1952, providing that maternity leave
(which is defined as leave from work granted to a woman for a continuous
period before and after giving birth) ought to be provided to all employed
women for a period of at least 14 weeks (Article 4.1)
• The ILO convention also makes a provision for leave to be provided even after
the maternity leave period either before or after childbirth in the case of
medical complications or illness, if an appropriate medical certificate is
provided (Article 5)

27. Contd…
• The ILO Maternity Protection Recommendations 1981 also endorse an
extension of the maternity leave period to 18 weeks, and to provide for
protection against dismissal for a certain period after return from
maternity leave.
• The ILO Maternity Protection Convention in Article 8 awards the right
to return to the same work or a position with the same pay, after
maternity leave
• In the Indian context under the Maternity Benefit Act 1961, maternity
leave is given to any pregnant employee for a period of 6 weeks prior
delivery and 6 weeks after.

28. Contd…
• however the employee wishes, she can claim the leave
continuously after birth so long as the period claimed
does not exceed 12 weeks, as per the Amendment of
1989 (section 6).
• In accordance to Section 5(1) of the Act the employer
must pay the pregnant employee a cash maternity
benefit at the rate of average daily wages, for the
period she was actually absent preceding and during
the time of her delivery as well as 6 weeks immediately
after her delivery.

29. Special provisions regarding the health, safety and welfare for women,
social security measures and wage protection are contained in the
above-mentioned statutes. The provisions relating to the welfare of
women in all of these acts are as follows:
• Provisions for separate Latrine and Urinal Facilities
• Prohibition of work in Hazardous Occupations
• Washing and Bathing Facilities
• Crèches
• Limiting hours of work to 9 hours per day and additional regulations
with regards to shifts
• Limiting the maximum permissible load to be lifted by women taking
into consideration biological factors
• Prohibition of Night work
• Separate Restrooms and Canteens

30. Construction workers
• Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996
• 1. Short title, extent, commencement and application.-
• (1) This Act may be called the Building and Other Construction Workers
(Regulation of Employment and Conditions of Service) Act, 1996.
• (2) It extends to the whole of India.
• (3) It shall be deemed to have come into force on the 1st day of March, 1996.
• (4) It applies to every establishment which employs, or had employed on any
day of the preceding twelve months, ten or more building workers in any
building or other construction work.

31. Registration of Building Workers as Beneficiaries
Section 11: Beneficiaries of the Fund.
• Subject to the provisions of this Act, every building workers registered
as a beneficiary under this Act shall be entitled to the benefits provided
by the Board from its Fund under this Act.
Section 12: Registration of building workers as beneficiaries:
• (1) Every building worker who has completed eighteen years of age,
but has not completed sixty years of age, and who has been engaged in
any building or other construction work for not less than ninety days
during the preceding twelve months shall be eligible for registration as
beneficiary under this Act.
• (2) An application for registration shall be made in such form, as may
be prescribed, to the officer authorized by the Board in this behalf.

32. • Section 13: Identity cards:
• (1) The Board shall give to every beneficiary an identity card with
his photograph duly affixed thereon and with enough space for
entering the details of the building or other construction work
done by him.
• (2) Every employer shall enter in the identity card the details of
the building or other construction work done by the beneficiary
and authenticate the same and return it to be beneficiary.
• (3) A beneficiary who has been issued an identity card under this
Act shall produce the same whenever demanded by any officer of
Government or the Board, any inspector or any other authority
for inspection.

33. Section 14: Cessation as a beneficiary.-
• A building worker who has been registered as a
beneficiary under this Act shall cease to be as
such when he attains the age of sixty years or
when he is not engaged in building or other
construction work for not less than ninety days
in a year;

34. • Hours of Work, Welfare Measures And Other
Conditions Of Service Building Workers
Section 28. Fixing hours for normal working day, etc.-
• (1) The appropriate Government may, by rules, ----
• (a) Fix the number of hours of work which shall constitute a
normal working day for a building worker, inclusive of one or
more specified intervals;
• (b) Provided for a day of rest in every period of seven days which
shall be allowed to all building workers and for the payment of
remuneration in respect of such days of rest;
• (c) Provide for payment of work on a day of rest at a rate not less
than the overtime rate specified in section 29.

35. Section 29. Wages for overtime work.-
• (1) Where any building worker is required to work on any day in
excess of the number of hours constituting a normal working
day, he shall be entitled to wages at the rate of twice his ordinary
rate of wages.
• (2) For the purposes of this section, "ordinary rates of wages"
means the basic wages plus such allowances as the worker is for
the time being entitled to but does not include any bonus.
• Drinking water
• Latrines and urinals
• First aid
• Canteens
• Safety and health measures

36. Section 38. Safety Committee and safety officers.-
• (1) The every establishment wherein five hundred or more
building workers are ordinarily employed, the employer shall
constitute a Safety Committee consisting of such number of
representatives of the employer and the building workers as
may be prescribed by the State Government.
• Provided that the number of persons representing the
workers, shall, in no case, be less than the persons representing
the employer.
• (2) In every establishment referred to in sub-section (1), the
employer shall also appoint a safety officer who shall possess
such qualifications and perform such duties as may be
prescribed.

37. Other categories of labors
• Agricultural Labour
• Differently abled Labour
• BPO & KPO Labour