HUMAN RESOURCE MANAGEMENT UNIT; 5 SOCIAL SECURITY 5.1 Provisions regarding Health factors Under Factories act.

The following sections deal with the health provisions for factory workers. Sec. 11 Cleanliness Floor must be cleaned every day, if possible by disinfectant. If the floor is wet and cannot be drained, special provisions must be made to drain the water. Walls must be regularly cleaned. They must be whitewashed every 6 months. If an oil based paint/varnish is used, it must be cleaned every year and must be repainted every 3 years. Doors, windows, and railings must be cleaned periodically. A register must be maintained that logs all the cleaning activities performed. Sec. 12 Waste and Effluent All the waste and effluent generated in the factory must be removed from the factory with proper treatment. Sec. 13 Temperature and Ventilation The temperature of the working place must be maintained. Special care must be take to not let the temperature increase where any work that use or produces heat is performed. Fresh air must be circulated through adequate ventilation. Sec. 14 Dust and Fumes Proper steps must be taken to remove the dust and fumes from the working area. Gases or exhaust fumes generated by any equipment such as diesel generator should be routed and released outside the workplace. Sec. 15 Artificial Humidity Any place where humidity is increased artificially, proper instruments must installed to record the humidity. Sec 16 Overcrowding A factory established before this act must have at least 9.1 sq ft of space per person, while new factories must have 14.2 sq ft. The maximum capacity of a room or enclosure must be posted outside the room and a log must be maintained.

Sec 17 Lighting 1

Proper lighting arrangements must be made to ensure that it does not cause glare in eyes. Light source must be such that a shadow is not created in the work area. Sec 18 Drinking water Clean safe drinking water must be provided. Water must be kept away from any dirty place. No waste should be routed from the place where drinking water is kept. At least six meters away from latrines, urinals, washing place. "Drinking water" must be written in bold and legible to all. Sec 19 Latrines and Urinals A separate place must be created for men and women. Height must be the floor and walls must be properly tiled. It must be cleaned every day. Sec 20 Spittoons Spittoons must be placed at several appropriate locations. 5.2 Provisions regarding welfare under factories act The term welfare suggests the state of well being and implies wholesomeness of the human being. It is a desirable state of existence involving the mental, physical, moral and emotional factor of a person Adequate levels of earnings, safe and humane conditions of work and access to some minimum social security benefits are the major qualitative dimensions of employment which enhance quality of life of workers and their productivity. Institutional mechanisms exist for ensuring these to workers in the organized sector of the economy. These are being strengthened or expanded to the extent possible. However, workers in the unorganized sector, who constitute 90 per cent of the total workforce, by and large, do not have access to such benefits. Steps need to be taken on a larger scale than before to improve the quality of working life of the unorganized workers, including women workers. Labour welfare is the key to smooth employer-employee relations. In order to increase labour welfare, Employers offer extra incentives in the form of labour welfare schemes, and to make it possible to pursued workers to accept mechanization. Sometimes the employers to combat the influence of outside agencies on their employees use labour welfare as a tool to minimize the effect they may have on the labour. Labour welfare measures are also initiated with the view to avoiding payment of tax on surplus and to build up at the same time better relations with employees. DEFINITION OF LABOUR WELFARE Labour welfare has been defined in various ways, though no single definition has found universal acceptance.The Oxford dictionary defines labour welfare as "Efforts to make life worth living for workmen." Chambers dictionary defines welfare as "A state of faring or doing well and conceptually freedom from calamity, enjoyment of health and prosperity. Thus, the whole field of welfare is said to be one "in which much can be done to combat the sense of frustration of the industrial workers, to relieve them of personal and family worries, to improve their health, to afford them means of self expression, to offer them some sphere in 2

which they can excel others and to help them to a wider conception of life". It promotes the wellbeing of workers in variety of ways. SCOPE OF LABOUR WELFARE ACTIVITIES Labour welfare Activities is combinations of various steps, the cumulative effect of which is to grease the wheels of industry and society. Sound industrial relations can only be based on human relations and good human relations dictate that labour being, human being should be treated humanly which includes respect for labour dignity, fair dealing and concern for the human beings physical and social needs. In any industry good relations between the management and workers depend upon the degree of mutual confidence, which can be established. This, in turn, depends upon the recognition by the labour of the goodwill and integrity of the organisation in the day to day handling of questions which are of mutual concern. The basic needs of a labour are freedom from fear, security of employment and freedom from want. Adequate food, better health, clothing and housing are human requirements. The human heart harbours secret pride and invariably responds to courtesy and kindness just as it revolts to tyranny and fear. An environment where he is contended with his job assured of a bright future and provided with his basic needs in life means an atmosphere of good working condition and satisfaction to labour. Labour welfare activities are based on the plea that higher productivity requires more than modern machinery and hard work. It requires co-operative endeavour of both the parties, labour and management. This is possible only when labour is given due importance and human element is taken into account at every stage.

OBJECTIVES OF LABOUR WELFARE ACTIVITIES The object of welfare activities is to promote economic development by increasing production and productivity. The underlying principle is to make the workers given their loyal services ungrudgingly in genuine spirit of co-operation, in return for obligations, voluntary and compulsory, accepted by the employee towards the general well-being of the employees. Improving the efficiency of the labour is another objective of labour welfare activities. Efficiency gives double reward, one in the form of increased production and the other in the shape of higher wages due to achievement of higher productivity. Welfare activities add to their efficiency and efficiency in turn help the worker to earn more wages. Therefore, welfare activities in an organization are twice blessed. It helps the employer and the employee both. Another objective of welfare activities is to secure the labour proper human conditions of work and living. Working conditions of organization may be led by an artificial environment which features are dust, fumes, noise, unhealthy temperature, etc. It is generally found that these conditions impose strain on the body.

 The welfare activities are done to minimize the hazardous effect on the life of the workers and their family members. It is the duty of the employer to see these human needs. If welfare activities are viewed in this light, it can be seen that they are guided by purposes of humanitarian and social justice. The next objective of welfare activities is to add in a real way to the low earning of the labour. The facilities are provided to supplement the income of the workers by services such as housing, medical assistance, school, co-operative, canteens, stores, play grounds etc. Thus, the objective of activities are to promote greater efficiency of the workers, assure proper human conditions to the workers and their family members, supplement their wages in monetary teams, give more real wages and foster better industrial relations.

5.3 Provisions regarding safety under factories act The Factories Act regulates the conditions of work (health, safety, etc) in factories. It safeguards the interests of the workers and it is for the welfare of the factory workers. The act received the assent of Governor General of India on September 23, 1948 and came into force on April 1, 1949. This act was further amended many times. The act is applicable to any factory in which ten or more than ten workers are working. The act has a provision in respect of: a) Employee health and safety, b) Hours of work, c) Sanitary conditions and wholesome work environments, d) Employee welfare, e) Leave with wages, etc. Safety Provisions of the Act: 1.Fencing of machinery Each and every dangerous hazardous and moving part of machinery shall be securely fenced by safeguards of substantial Construction, which shall be constantly maintained and kept in position while the parts of machinery they are fencing are in motion or in use. 2.Work on near machinery in motion There in any factory it becomes necessary to examine any part of machinery, such examination or operation shall be made or carried out only by a specially trained adult male worker wearing tight fitting clothing. Such worker shall not handle a belt at a moving pulley unless the belt is not more than fifteen centimeters in width.

 No woman or young person shall be allowed to clean, lubricate or adjust any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion. 3.Employment of young persons on dangerous machines No young person shall be required or allowed to work at any unless he has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed and has received sufficient training in work at the machine. 4.Striking gear and devices for cutting off power In every factory- (a) suitable striking gear or other efficient mechanical appliance shall be provided and maintained and used to move driving belts to and from fast and loose pulleys which form part of the transmission machinery, such gear or appliances shall be so constructed, placed and maintained as to prevent the belt from creeping back on to the fast pulley. 5.Self-acting machines No traversing part of a self-acting machine in any factory and no material carried thereon shall, if the apace over which it runs it a space over which any person is liable to pass, whether in the course of his employment or otherwise, be allowed to run on its outward or inward traverse within a distance of forty-five centimeters from any fixed structure which is not part of the machine. 6.Casing of new machine In all machinery driven by power and installed in any factory after the commencement of this Act, every set screw, bolt or key on any revolving shaft, spindle, and wheel pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger.

7.Prohibition of employment of women and children near cotton openers No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton-opener is at work. 8.Hoists and lifts In every factory every hoist and lift shall be (i) of good mechanical construction, sound material and adequate strength; and (ii) properly maintained, and shall be thoroughly examined by a competent person at least once in every period of six mouths. Every hoist-way and lift-way shall be sufficiently protected by an enclosure fitted with gates, and the hoist or lift and every such enclosure shall be so constructed as to prevent any person or thing from being trapped between any part of the hoist or lift and any fixed structure or moving part. 5

9.Revolving machinery In every factory in which the process of grinding is carried on there shall be permanently affixed to or placed near each machine in use a notice indicating the maximum safe working peripheral speed of every grindstone or abrasive wheel, the speed or the shaft or spindle upon which the wheel is mounted, and the diameter of the pulley upon such shaft or spindle necessary to secure such safe working peripheral speed. 10.Pressure plant If in any factory, any plant or machinery or any part thereof is operated at a pressure above atmospheric pressure, effective measures shall be taken to ensure that the safe working pressure of such plant or machinery or part is not exceeded. 11.Floors, stairs and means of access All floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained and shall be kept free from obstructions and substances likely to cause persons to slip, and where it is necessary to ensure safety, steps, stairs, passages and gangways shall be provided with substantial handrails. 12.Pits, sumps, openings in floors etc In every factory fixed vessel, sump, tank, and pit or opening in the ground or in a floor which, by reasons of its depth, situation, construction or contents, is or may be a source of danger, shall be either securely covered or securely fenced. 13.Excessive weights No person shall be employed in any factory to lift, carry or move any load so heavy as to be likely to cause him injury. 14. Protection of eyes The State Government may by rules require that effective screens or suitable goggles shall be provided for the protection of persons employed on, or in the immediate vicinity of, the process. 15. Precautions against dangerous fumes, gasses etc No person shall be required or allowed to enter any chamber, tank, pit, pipe or other confined space in any factory in which any gas, fume, vapour or dust is likely to be present to such an extent as to involve risk to persons employed there. 16. Explosive or inflammable dust, gas etc Where in any factory any manufacturing process produces dust, gas, fume or vapour of such character and to such extent as to be likely to explode to ignition, all practicable measures shall be taken to prevent any such explosion by: 6

 Effective enclosure of the plant or machinery used in the process; Removal or prevention of the accumulation of such dust, gas, fume or vapour; Exclusion or effective enclosure of all possible sources of ignition 17. Precautions In case of fire In every factory, all practicable measures shall be taken to prevent outbreak or fire and its spread, both internally and externally, and to provide and maintain safe means of escape for all persons in the event of a fire, and the necessary equipment and facilities for extinguishing fire. Effective measures shall be taken to ensure that in every factory all the workers are familiar with the means of escape in case of fire and have been adequately trained in the routine to be followed in such cases. 18. Safety of building and machinery If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it is dangerous to human life or safety, he may serve on the occupier or manager or both of the factory an order in writing specifying the measures which in his opinion should be adopted, and requiring them to be carried out before a specified date. 19. Safety officers In every factory, wherein one thousand or more workers are ordinarily employed, or wherein, in the opinion of the State Government, any manufacturing process or operation is carried on, which process or operation involves any risk of bodily injury, poisoning or disease, or any other hazard to health, to the persons employed in the factory, the occupier shall, if so required by the State Government by notification in the Official Gazette, employ such number of Safety Officers as may be specified in that notification.

5.4 Employees state insurance

The ESI act provides for medical help and unemployment insurance to industrial workers during their illness. The basic objective is to offer social insurance to workers in respect of three contingencies 1. Sickness, 2. Employment injury and 3. Child birth. The main features of the act are as follows: 1. Coverage: the act applies to all factories, other than seasonal factories, run with power and employing 20 or more employees. It covers all types of worker manual, supervisory or administrative whose remuneration in aggregate does not exceed rs.3000 per month. 2. Administration: the administration of the act has been given to the employees state insurance corporation (ESIC). It is an autonomous body set up by an act of the central government. The ESI board has
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representatives from state government, employers, employees, medical profession and parliament. 3. Funds: the ESI scheme is a compulsory and contributory health insurance scheme. Under the scheme, the employer contributes 4.75% of wages and the employee contributes 1.75% of his own wages. The scheme is operated through the esi fund, with grants and contributions from central, state governments and local authorities. Benefits: under the scheme, the insured person gets primarily, three types of medical help. 1. Outpatient medical care through dispensaries set up in various centers. 2. Laboratory and testing expenses. 3. Hospitalization charges. The scheme provides the following benefits to more than 80 lacs insured employee household through an extensive network of offices situated in over 550 centers throughout the country. Sickness benefits: about half wages up to 90 days sickness. Maternity benefits: all insured women are entitled to receive cash payment for confinement, miscarriage of sickness arising out of pregnancy. They are entitled to receive full wages for leave up to 12 weeks, of which not more than six weeks must precede the expected date of delivery. If the insured woman dies during the period of confinement, her nominee will get the benefits for the entire period. Disablements benefits : if a person dies from employment injuries his widow and children are entitled to compensation to be paid in a certain ratio, (e.g. The widow till her remarriage, the son up to 18 years of age, the daughter up to 18 years of age or marriage whichever is earlier. Funeral benefits : when an insured person dies, the eldest member of the family or other dependent or friends as the case may be, is entitled to receive rs.100 towards funeral expenses. The amount should be claimed within three months of the death. Assessment : the ESI scheme has been criticized on the following grounds : Even within the organised sector, the coverage of the scheme has been somewhat low.The scheme has not been popular with employees and unions. The state government , too, have not shown enthusiasm to implement the provisions of the scheme sincerely. Employees have often complained about the inadequacy of facilities and benefits. Most of them had to spend additional amounts of money for buying medicines not available in esi dispensaries. There is delay in providing benefits to insured workers. The penalties for any default in payment of contribution by the employer are quite severe (including fine & imprisonment). However, employers are rarely booked for violations on various counts.

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Benefits to Members under EPF Schemes

1. Provident Fund benefits 1. Employer also contributes to Members PF @ 12% ( 10% in case of sick industrial co., any establishment having accumulated loss equal to its entire paid up capital and any establishment in Jute Industry, Beedi Industry, Brick Industry, Coir Industry and Gaur Gum Factories. ) 2. EPFO guarantees the Employer contribution and credits interest at such rates as determined by the Central Government. 3. Member can withdraw from this accumulations to cater to financial exigencies in life - No need to refund unless misused 4. On resignation, the member can settle the account. i.e., the member gets his PF contribution, Employer Contribution and Interest. 2. Pension Benefits 1. Pension to Member 2. Pension to Family (on death of member) 3. Scheme Certificate This Certificate shows the service & family details of a member This is issued if the member has not attained the age of 58 while leaving an establishment and he applies for this certificate Member can surrender this certificate while joining another establishment and the service stated in the certificate is added with the service he is gaining from the new establishment. After attaining the age of 50 or above, the member can apply for Pension by surrendering this scheme certificate (if total service is at least 10 years) This is a better choice than Withdrawal Benefit, as a member dies holding a valid scheme certificate, his family will get pension (Death when NOT in service) 3. Withdrawal Benefit If not eligible for pension, member may withdraw the amount accumulated in his pension account The calculation of this amount is based only on (i) Last average salary and (ii) Service (Not based on actual amount available in Pension Fund Account) 9

5. No amount is taken from Member to give Pension to the Member. Employer and Govt. contributes to Pension fund @8.33% and @1.16% respectively 6. EPFO guarantees pension to members, even if the Employer has not contributed to Pension Fund. 4. Death Benefits 1. Provident Fund Amount to Family (or to Nominee) 2. Pension to Family (or to Parent / Nominee) 3. Capital Return of Pension 4. Insurance (EDLI) amount to Family (or to Nominee) No amount is taken from Member for this facility. Employer contributes for this. 5. Nominee is basically determined as per the information submitted by the member at this office through FORM-2 -- grant of exemption from the operation of the scheme/s framed under the Act to an establishment , to a class of employees and to an individual employee , on certain conditions. -- Penalties to employers/trustees of exempted Provident Fund who contravene the provision of the Act and the Scheme. -- appointment of inspector to secure compliance under the Act and the Schemes framed there under. -- mode of recovery of moneys due from employers.

5.6,7. Trade Union- Purpose- Rights and Privileges of Trade Union. Development of modern industry, especially in the Western countries, can be traced back to the 18th century. Industrial development in India on Western lines, however commenced from the middle of the 19th century. The first organised Trade Union in India named as the Madras Labour Union was formed in the year 1918. Since then a large number of unions sprang up in almost all the industrial centres of the country. Similarly, entrepreneurs also formed their organisations to protect their interests. Trade Unions are the groups set-up with the aim of trying to create fairness and job security in a workplace. Section 2(h) of the Trade Union Act,1926 has define a trade union as:

Any combination, whether temporary or permanent, former primarily for the purpose of regulating the relation between workman and workmen or between
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employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more trade unions. Features of trade unions: I. It is an organisation formed by employees or workers. II. It is formed on a continuous basis. It is a permanent body and not a casual or temporary one. III. It is formed to protect and promote all kinds of interests economic, political and social-of its members. The dominant interest with which a union is concerned is, however, economic. IV. It includes federations of trade unions also. V. It achieves its objectives through collective action and group effort. What do unions do? The main service a union provides for its members is negotiation and representation. There are other benefits people get from being members of trade unions.
1. Negotiation , 2. Representation ,3.Information and advice ,4. Member services 1. Negotiation

Negotiation is where union representatives discuss with management issues which affect people working in an organisation. The union finds out the members' views and relays these views to management. There may be a difference of opinion between management and union members. 'Negotiation' is about finding a solution to these differences. This process is also known as 'collective bargaining'. In many workplaces there is a formal agreement between the union and the company which states that the union has the right to negotiate with the employer. In these organisations, unions are said to be 'recognised' for 'collective bargaining' purposes. Pay, working hours, holidays and changes to working practices are the sorts of issues that are negotiated. People who work in organisations where unions are recognised are better paid and are less likely to be made redundant than people who work in organisations where unions are not recognised.

2. Representation

Trade unions also represent individual members when they have a problem at work. If an employee feels they are being unfairly treated, he or she can ask the union representative to help sort out the difficulty with the manager or employer.
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If the problem cannot be resolved amicably, the matter may go to an industrial tribunal. Industrial tribunals make sure that employment laws are properly adhered to by employees and employers. They are made up of people outside the workplace who listen to the employer's and the employee's point of view and then make a judgment about the case. People can ask their union to represent them at industrial tribunals. Most cases that go to industrial tribunals are about pay, unfair dismissal, redundancy or discrimination at work. Unions also offer their members legal representation. Normally this is to help people get financial compensation for work-related injuries or to assist people who have to take their employer to court 3. Information and advice Unions have a wealth of information which is useful to people at work. They can advise on a range of issues like how much holiday you are entitled to each year, how much pay you will get if you go on maternity leave, and how you can obtain training at work.

Why do workers join unions?

Greater Bargaining Power. Makes their voice heard Minimise discrimination.Sense of security Sense of Participation.Sense of Belongingness Protection.Social pressure Compulsion.Political beliefs Solidarity.Tradition Pay and conditions.Communication Health and safety

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