hr empl welfare

8/10/2019 HR empl welfare

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Relates to taking care of the well being of workers by

employers, trade unions, governmental and non-

governmental organizations.

Referred to as betterment work for employees.


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Motivates employees

Employee Retention

Minimized social evils

Better Job satisfaction Cuts down labor turnover


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Huge investment

Employees being dissatisfied


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Inside the work place-Intra mural facilities

Facilities within the factories like medical, compensation,

drinking water

Outside the work place-Extra mural facilities

Facility provided outside the factories like accommodation,

recreational facilities, educational facilities


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Labor welfare can be divided into 2 categories:-

1. Voluntary welfare work:-

It consists of those activities which are undertaken by the

employers for their workers voluntarily. Ex:- Education,

Housing, Transportation, etc.

2. Statutory welfare work:-

Consists of legal provisions in various pieces of labor

legislation.


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Different ways of Social Security Provision in India

1. Social Insurance- common fund is established with periodical

contribution from workers out of which all benefits in terms of

cash or kind are paid. The employers & state prove major

portion of finances. Benifits shuch as PF, Group Insurance etcare offered.

2. Social Assistance- Benefits are offered to persons of small

means by govt out of its general revenues. Eg- Old age pension


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The workmens compensation act, 1923 The employees state insurance act, 1948

The maternity benefits act, 1961

The employees provident fund &miscellaneous Provisions act, 1952

The Factories act, 1948

The Plantation labor act, 1951

The Contract labor act, 1970 Labor welfare officer


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The Plantations Labour Act, 1951 (PLA) applies to any land used or intended to beused for growing tea, coffee, rubber, cinchona or cardamom or any other

plant which measures 5 hectares or more and in which 15 or more workers are

employed on any day of the preceding 12 months.

The State Governments can be notification apply this law to any other land too even if

it measures less than 5 hectares and employ less than 15 workers.

Some definitions under PLA, 1951 [Section 2]:

Adolescent: a person between the age of fourteen and Eighteen

Child: a person who has not completed his 14th year

Employer: the person who has the ultimate control over the affairs of the

plantation and where the affairs of the plantation are entrusted to any other person,

such other person shall be the employer in relation to that plantation.Family: means his or her spouse and the legitimate and adopted children of the worker

dependent upon him or, who have not completed their eighteenth year, and includes,

where the member is a male, his parents dependent upon him.


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Plantation: any plantation to which this Act applies and includes offices,

hospitals, dispensaries, schools and any other premises used for any

purposes connected with such plantation.

Qualified medical practitioner: means a person holding a qualification

granted by an authority specified under section 3 of the Indian Medical

Degrees Act 1916 of under any provincial or State Medical Council Act.

Wages: as defined under clause (h) of section 2 of the Minimum Wages Act

1948 (11 of 1948).

Worker: means a person employed in a plantation for hire or reward,

whether directly or through any agency, to do any work, skilled, unskilled,

manual or clerical, having wages less than Rs. 750/- p.m., but does not

includemedical officer, managerial staff and temporary workers

employed in any work relating to construction, repair, maintenance of

roads, bridge, etc.


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Section 3-B of the PLA, 1951 makes it compulsory for every employer of a

plantation to register it within sixty days of its coming into existence.

Inspecting staff: Under Section'4, the state government has the power to appoint

for the state a duly qualified person to be -the chief inspector of plantations and

other persons to, be inspectors subordinate to the chief inspector.

Power and functions of Inspectors [Sections 5&6]: to examine and make inquiries

to ascertain whether the provisions of this Act are being observed in any

plantation. can enter, inspect and examine with assistants any part of plantation at

any reasonable time and take statements on any person, provided that no person

shall be compelled to answer any question or make any statement tending to

incriminate himself.

Certifying surgeons. [Section 7]: The state government is responsible for

appointing qualified medical practitioners to be certifying surgeons for withinlocal limits of a plantation or class of plantations.

Duty of the certifying surgeon: the examination and certification of workers, the

exercise of such medical supervision where adolescents and children are or are to

be employed in any work in any plantation which is likely to cause injury to their

health.


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CONTRACT LABOUR (REGULATION AND

ABOLOTION ACT)

-1970The Object of the Contract Labour Regulation and Abolition) Act, 1970 is toprevent exploitation of contract labour and also to introduce better conditions of

work.

A workman is deemed to be employed as Contract Labour when he is hired in

connection with the work of an establishment by or througha Contractor. Contract workmen are indirect employees. Contract

Labour differs from Direct Labour in terms of employment

relationship with the establishment and method of wage payment.

Contract Labour, by and large is not borne on pay roll nor is paid directly.

The Contract Workmen are hired, supervised and remunerated by the Contractor,

who in turn, is remunerated by the Establishment hiring the services of the

Contractor


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Registration And LicensingThe Act applies to the Principal Employer of an Establishment and the

Contractor where in 20 or more workmen are employed or were employed

even for one day during preceding 12 months as Contract Labour.

This Act does not apply to the Establishments where work performed is of

intermittent or seasonal nature.

If a Principal Employer or the Contractor falls within the vicinity of this Act then,

such Principal Employer and the Contractor have to apply for Registration of the

Establishment and License respectively.

The Act also provides for Temporary Registration in case the Contract Labour is

hired for a period not more than 15 days.

Any change occurring in the particulars specified in the Registration or Licensing

Certificate needs to be informed to the concerned Registering Officer within 30 days

of such change.

From combined reading of Section 7 and Rules 17 & 18 of the Contract Labour(Regulation and Abolition) Central Rules, 1971, it appears that the

Principal Employer has to apply for registration in respect of each

establishment. Other important point to note is that a License issued for One

Contract cannot be used for entirely different Contract work even though

there is no change in the Establishment.


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Penal Provisions

Section 9 of the Act provides that the Principal Employer, to whom this Act isapplicable, fails to get registered under the Act, then such Principal Employer

cannot employ contract labour.

It also appears that if the Establishment is not registered or if the Contractor is not

licensed then the contract labour shall be deemed to be the direct workmen and the

Principal Employer or the Establishment shall be liable for the wages, services and

facilities of the contract labour etc.

For contravention of the provisions of the Act or any rules made thereunder, the

punishment is imprisonment for a maximum term up to 3 months and a fine upto a

maximum of Rs.1000/-.


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ResponsibilitiesThe Act enjoins Joint and Several responsibity on the PrincipalEmployer and the Contractor. The Principal Employer should ensurethat the Contractor does the following:

a) Pays the wages as determined by the Government, if any, or;b) Pays the wages as may be fixed by the Commissioner of Labour.c) In their absence pays fair wages to contract labourer.d) Provides the following facilities:

i. Canteen (if employing 100 or more workmen in one place) and if

the work is likely to last for 6 months or more.ii. Rest rooms where the workmen are required to halt at night andthe work is likely to last for 3 months or more.iii. Requisite number of latrines and urinals - separate for men andwomen.iv. Drinking water.v. Washing.vi. First Aid.vii. Crche

e) Maintains various registers and records, displays notices, abstractsof the Acts, Rules etc.f) Issues employment card to his workmen, etc.


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Checklist For Contractor

1. Licensing.

2. Renewal of the License.3. Maintenance and Preservation of Register of Persons employed, Muster

Roll, Register of wages, Register of Fines, Register of Deductions for

damages or loss, Register of advances, Register of overtime.

4. Display of Notice rate of wages, hours of work, wage period, date of

payment of wages, date of payment of unpaid wages and name and addressof the inspector having jurisdiction.

5. Provide facilities of Canteen, Drinking Water, Washing, Rest Room,

Latrines and Urinals, First Aid.

6. Employment card.

7. Service Certificates.8. Half yearly return.


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The term fringe benefits refers to the extra benefits provided toemployees in addition to the normal compensation paid in the

form of wage or salary.


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To create & improve industrial relations. To promote employees welfare.

To motivate the employees by identifying & satisfying theirunsatisfied needs.

To provide security to the employees against social risks likeold age benefits & maternity benefits.

To provide safety against accidents.


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Employees demand

Trade union demand

Employers preference

As a social security

To improve human relations


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hr empl welfare

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