Labour Welfare and Social Security


B.Com. (H) 606: Labour Welfare and Social Security

UNIT I

1.      State and explain the concept and scope of Social Welfare.
Ans. Social welfare is an organised system of social services and institutions, designed to aid individuals and groups, to attain satisfying standards of life and health. Social welfare, therefore, aims at providing services to weaker sections of the population who because of various handicaps such as physical, mental, economic and social, are unable to make use of social services provided by society or have been traditionally deprived of these services.
National Association of Social Workers, Encyclopaedia of Social Work Vol.II. 1971, p.1446:
“Social welfare generally denotes the full range of organized activities of voluntary and governmental agencies that seek to prevent, alleviate, or contribute to the solution of recognized social problems, or to improve the well-being of individuals, groups, or communities.”
United Nations 1967:
“Social welfare as an organized function is regarded as a body of activities designed to enable individuals, families, groups and communities to cope with the social problems of changing conditions. But in addition to and extending beyond the range of its responsibilities for specific services, social welfare has a further function within the broad area of a country's social development. In this larger sense, social welfare should play a major role in contributing to the effective mobilization and deployment of human and material resources of the country to deal successfully with the social requirements of change, thereby participating in nation-building.”
According to Wayne Vasey (1958) social welfare included two main characteristics:
·         The utilisation of welfare measures to support or strengthen the family as a basic social institution through which needs are met; and
·         The intent to strengthen the individuals’ capacity to cope with their life situation.
The provision of social welfare includes services for children, youth, women, aged, scheduled castes, scheduled tribes, other backward classes, minorities, disabled, drug addicts, and economically underprivileged such as destitute and unemployed. Social welfare programmes are, therefore, directed to ameliorate their conditions. Therefore, it requires proper administration.
Objectives of Social Welfare:
1. Welfare for all.
2. Overall welfare for human being.
3. Help to fill-up the fundamental rights.
4. Help to role in society.
5. Help for poor and vulnerable.
6. Development for men and environment.
7. Social problem mitigation.
8. Human resource development.
9. Social change.
10. To develop social relationship.
11. Social control.
12. Lower-class empowerment in the society.
13. Help for socialization.
14. Balance distribution of the resources and facilities.
15. Fixed the role of the people in the society.
Social welfare exists as an indispensable aspect of modern social organization because of the nature of man himself. Man is a social being whose very survival as an individual and a species depends upon the cooperation and help of other human beings. This is true for all people, including those who live in the relatively simple relationships of a tribal or village subsistence society. But the processes of development, as described in the previous section, vastly extend the range and multiply the variety of these situations of mutual dependency. Thus a developing society can neither survive nor advance without including in its developmental processes the creation of new instruments of cooperation and the adaptation of those that already exist to meet the needs of a changing situation.
Social welfare is the product and the instrument of man's inherent dependence for his survival and his well-being on the help of other people. This mutual dependency, intensified in particular individual and social circumstances, is nonetheless so universal that no society could long survive which did not provide at least minimally satisfactory ways of dealing with it. For developing nations this is a particularly challenging problem. For the very processes of development at once extend the range of mutual dependence and limit the capacity of traditional arrangements to answer the needs it creates. 
The problems take on different forms depending upon whether a particular society is in the process of making the initial transition from a traditional to a more organized modern state, is engaged in the early stages of a growing industrialization, or is facing—like our own American society—the adaptations necessary to the burgeoning productivity of a highly industrialized economy.
Adaptation in Early Developmental Period—In the first instance the individual is faced with an extremely difficult psychological dilemma requiring a high degree of social reassurance. On the one hand he must relinquish many of the attitudes, roles and patterns of behavior on which his traditional security had depended. Adults raised in one tradition must not only adapt their own ways of thinking but must undertake to raise their children in the new pattern. On the other hand the very processes of development, especially those associated with the accumulation of capital necessary for industrialization, may require deferment of many of the social benefits which modern communication has made known to him as one of the goals toward which development is striving. He must be at once motivated toward change by hope and at the same time patient with respect to its full realization. Maintaining this balance is one of the hardest tasks of a society in the earliest period of development and one in which social welfare plays a crucial role.
Adaptation in Industrial Society—In a society where the processes of industrialization are well under way, the very unevenness of development may create serious psychological problems and tensions. Rarely are the institutional and economic resources of the developing country sufficient to assure the same degree of opportunity and security to all segments of the population. Some will benefit from the higher levels of education, health services, and living standards made possible by industrial productivity and urbanization, while others may not. Economic and institutional resources are rarely adequate to assure to all the full range of benefits recognized as socially desirable. Thus a problem arises not only of making choices among desirable alternatives and assuring the best use of limited resources but also of offering sufficient compensatory satisfactions to those not fully included in the benefits of development to maintain the security and cooperation of all. Here too social welfare plays a major role.
Mutual Dependency in a Highly Developed Society—The social problems of a highly developed society are not the primary focus of this discussion but they deserve mention in this context in order to make clear that the adaptations of society to the psychological and social needs of the entire population do not cease when economic prosperity is achieved. Changes may become even more rapid and particular groups may be especially disoriented in their relationship to the total social order. It has been estimated, for example, that in the days ahead rapid technological change may require an American worker to acquire three entirely distinct skills in the course of his lifetime. Considering the degree to which an American traditionally derives his sense of social worth and identity from his occupation, this is a major source of insecurity. The distribution of income among various groups of workers and non-workers, and the social expenditures of government and group enterprise are also a major factor. And whole groups in the population—the aged, adolescents, women, members of minority groups, for example—may find the sources of their satisfaction as members of a supportive society disrupted. In all cases a subjective social need is involved which any society ignores to its own peril.


2.      Elaborate upon the philosophy and principles of Labour Welfare.
Ans. The concept of labour welfare originated in the desire for a humanitarian approach to ameliorate the sufferings of the workers and their families on account of the baneful effects of large-scale industrialisation like undesirable social consequences and the labour problems which have evolved in the process of transition from tradition to modernity. Later it became a utilitarian philosophy which worked as a motivating force for labour and for those who were interested in it. Lastly, labour welfare received inspiration from the evolution of the social thought in regard to democracy and welfare state. With such a varied background and changing values, labour welfare and its contents have acquired a kaleidoscopic nature.
·         The I.L.O. (SEA) session held at New Delhi in 1947 defined Labour Welfare as “such services, facilities and amenities, which may be established in or in the vicinity of, undertakings to enable persons employed therein to perform their work in healthy, congenial surroundings and to provide them with amenities conducive to good health and good morale.
·         N.M. Joshi felt that labour welfare “covers all the efforts which employers make for the benefit or their employees over and above the minimum standard of working conditions fixed by Factories Act and over and above the provision of social legislation providing against accident, old age, unemployment and sickness”.
·         The Committee on Labour Welfare (1969) defined labour welfare to “include such services, facilities and amenities as adequate canteens, rest and recreational facilities, sanitary and medical facilities, arrangements for travel to and from work and for the accommodation of workers employed at a distance from their homes and such other services, amenities, and facilities including social security measures as contribute to improve the conditions under which workers are employed”.
An analysis of the definitions given above presents three broad features of labour welfare concept, namely – (1) It is anything given beyond the wages to the workers; (2) The employer, Government, union or any other voluntary body can be the agency for labour welfare; and (3) Labour welfare can be measures provided in the precincts of the company, outside the premises of the company, and social security measures
Labour welfare is a dynamic concept which acquires new dimensions with the changes in the environment of industry. It was as early as 1931 that „Whitley Commission observed‟, “Labour welfare is one which must necessarily be elastic, bearing a somewhat different interpretation in one country from another, according to the different social customs, the degree of industrialisation and the educational development of the workers”. The Rege Committee (1946) observed that, “We prefer to include under welfare activities anything done for intellectual, physical, moral and economic betterment of workers whether by employer, Government or other agencies, over and above provided by law or under some contract and what is normally over and above provided by law or under some contract and what is normally expected as part of the contract for service”. The Study Team, appointed by the Government of India in 1959 to examine labour welfare activities then existing, divided the entire range of these activities into three groups, viz., i. Welfare within the precincts of an establishment: medical aid, crèches, canteens, supply of drinking water, etc., ii. Welfare outside the establishment: provision for indoor and outdoor recreation, housing, adult education, visual instructions, etc. and iii. Social security.
Philosophy of Labor welfare activities: 
The philosophy of labor welfare activities are based on the success of industrial development and the theory of harmony depends on the cooperation and relationship between labor and management (employer). Worker has a fund of knowledge and experience to perform his job. If his ability and skill to be properly utilized with the right direction, the worker can be a working good contributor in the prosperity of the organization. And it can be achieve by work satisfaction of the worker. 
The labor welfare activities in a form of health care centres to facilitate provided through the idea of a good medical care center to ensure job satisfaction and productivity improvements will help more. His staffs to be healthy are a basic need of an organization. 
It is part of the facilities provided by the employer, that would associated with health care of workers and it would ensure their minimum health hazardous. The concerning law prescribes the minimum standard, but a progressive employer to expand its activities must protect the health of workers and their dependents. In return, their cooperation will be wholehearted, work to maximum efficiency and attitude will be fair and friendly towards them. 
Principles of Labour Welfare
There are few fundamental Principles comprises the concept of labour welfare. The following are most significant of lot:
1 Principle of Social Responsibility
Industries have a sense of social responsibility towards the upliftment of society. Social responsibility mainly means the commitments of the industry to pursue those policies, to take such decisions and to act which are desirable and requisite for the prevailing conditions in the society. This principle is based on the social perception of industry and its functionality in the society, that is, the social responsibility through industry performed by the state. It is expected that labour welfare activities are a manifestation of an industry's duty towards its workers. By performing its social duty towards the workers and society, it expected to win vote of confidence, co-operation from workers, provide them job security, fair wage and equal opportunity for growth and development.
2 Principle of Democratic Values
The principle of democratic values for labour welfare acknowledges that workers may have unfulfilled needs, that industry has responsibility to render them welfare services to gratify those needs, and that workers have a right on nature and manner in which these facilities to be provided. Workers participation in the administration to formulate the mechanism of welfare measures to be provided. The underlying assumption to this principle and approach is that the worker is rational and capable of taking mature decisions.
3 Principle of Adequacy of Wages
The principle of labour welfare is adequacy of wages, it concedes that labour welfare services are not a substitute for wages instead it is to motivate and better working and social life for workers. It will be wrong to pay low wages on basis of argument that workers are being provided with various labour welfare facilities. Right to adequate wage is very important and it should be essential part of labour welfare.
4 Principle of Efficiency
The fourth principle of labour welfare emphasised on welfare should cultivate more efficiency and productivity. Even the employer who do not perform social responsibility, do assent that an organisation must establish all such labour welfare measures that promote efficiency. It has been often acknowledge that workers 57 education and training for career advancement, housing facility, health based facilities and safety measures are the most significant aspects of labour welfare for greater workers efficiency.
5 Principle of Co- responsibility
The Principle of Co- responsibility for labour welfare says that the responsibility for labour welfare lies with both employers and workers, not only on employers (Moorthy, 1958). Labour welfare measures will not be able achieve the objective if interest and responsibilities are not borne and understood by both the parties at organizational level.
6 Principle of Totality of Welfare
The principle of labour welfare measures is that the theory of labour welfare must infuse all through the pyramid of an organization and accepted by all levels of decision makers in the firm.
7 Principle of Re-personalization
The human development is treated as the main objective of labour welfare which as per the principle should counteract the harmful effects of the industrial mechanism. Therefore, it is important to implement labour welfare measures both inside and outside the premises of factory; enterprise must provide both intramural and extramural labour welfare facilities.
8 Principle of Co-ordination or Integration
This is one of the most important Principles for successful implementation of welfare services. Welfare activities require co-ordinated approach to promote healthy development of the industrial premises, worker and the community. It is essential for development of harmony in industrial relations.

3.      Examine the historical development of Labour Welfare in India.
Ans.

4.      Elaborate upon the Labour Welfare policy and Five Year Plans.
Ans.

5.      Illicit the various provisions of Labour Welfare in the Indian Constitution.
Ans.

6.      How does ILO have an effect on Labour Welfare? Explain.
Ans. India, a Founding Member of the ILO, has been a permanent member of the ILO Governing Body since 1922. The first ILO Office in India started in 1928. The decades of productive partnership between the ILO and its constituents has mutual trust and respect as underlying principles and is grounded in building sustained institutional capacities and strengthening capacities of partners. It has a two-directional focus for socio-economic development: overall strategies and ground-level approaches.
The ILO's overarching goal is Decent Work, i.e., promoting opportunities for all women and men to obtain decent and productive work in conditions of freedom, equity, security and dignity. DW is at the heart of ILO's strategies for economic and social progress, central to efforts to reduce poverty and a means to achieve equitable, inclusive and sustainable development India's 11th Plan's vision of faster and inclusive growth through a process which yields broad-based benefits and ensures equality of opportunity for all – with a strong emphasis on decent working and living conditions for all. A number of India's 11th Plan targets are in consonance with the DW agenda.
The DW concept is translated into Decent Work Country Programmes (DWCPs), prepared and adopted by the tripartite constituents and ILO, at country levels. The DWCP-India (2007-12), aligned to the 11th Plan and the United Nations Development Assistance Framework, focuses on 3 priorities.
Priority 1: Opportunities enhanced for productive work for women and men, particularly for youth and vulnerable groups, especially through skills development;
Priority 2: Social protection progressively extended, particularly in the context of informalization;
Priority 3: Unacceptable forms of work progressively eliminated.
The cross-cutting issues are special focus while implementing the DWCP under the three priority areas are:
(a) Social dialogue and strengthening of partners;
(b) Informal economy; and
(c) Gender equality.
ILO's current portfolio in India centers around child labour, preventing family indebtedness employment, skills, integrated approaches for local socio-economic development and livelihoods promotion, green jobs, value-addition into national programmes, micro and small enterprises, social security, HIV/AIDS, migration, industrial relations, dealing with the effects of globalization, productivity and competitiveness, etc.
The Decent Work Technical Support Team (DWT) for South Asia stationed in New Delhi, through its team of Specialists, provides technical support at policy and operational levels to member States in the sub-region.

7.      Describe the roles of various agencies of labour welfare in detail.
Ans. Labour welfare work is generally undertaken by four main agencies viz.,  (a) The employers (b) The workers’ organisation  (c) the Central Government   (d) the State Government.
(a) Employer’s role in welfare work:
Employer is in direct contact with the employees. His role is pivotal in providing welfare facilities to the employees over and above what is laid down by law. There is no denying the fact that some of the leading industrialists in India are pioneers in providing welfare amenities to their employees. Some of these employers in this regard are the Mafatlals, J.K. Group.. Godrej, Larsen and Turbo, Pfizzer, Voltas, Philips, Bajaj, Tisco & Telco etc. They have felt the necessity of welfare work and its importance in the interest of the industry and the workers. Various welfare amenities provided by the employers to the employees include educational facilities, medical facilities, creches, transport facilities, recreational facilities, gift on the marriage of children, housing facilities and consumer co-operative societies etc.
The dimensions of welfare work undertaken by the employers are diverse in nature on account of different conditions from industry to industry and from unit to unit in the same industry.
(b) Labour welfare work by workers’ associations:
This includes the welfare activities provided by the unions for the benefit of their members out of their own funds. Various trade unions have done commendable work in the field of labour welfare. The welfare activities undertaken by the Ahmedabad Textile Labour Association are worth mentioning.
The association has to its credit 25 cultural and social centres spread over the labour intensive areas of the city of Ahmedabad. It provides welfare facilities for the workers in respect of schools, libraries, dispensaries and maternity homes, co-operative societies, training in the trade union principles, and free-legal aid etc.
The Mill Majdoor Union, Indore has set up various labour welfare centres to provide recreational and other amenities to its members. It also provides educational facilities and games to the children of the employees.
Night classes, reading rooms, facilities of indoor and outdoor games are also provided to the employees. For the welfare of women employees, educational facilities and crafts, stitching etc., are also provided.
Similar other associations like, The Majdoor Sabha, Kanpur, the Rastriya Mill Majdoor Sangh, Bombay and the Textile Labour Association etc, are also offering many facilities for considerable improvements in the well being of the workers and their families.
(c) Labour Welfare Work By Central Government:
Not much contribution could be made by the Central Government in the field of labour welfare prior to the Second World War. The Government started taking interest in the field of labour welfare during the Second World War. It extended the schemes of labour welfare in ordinance and ammunition factories.
A labour welfare advisor was appointed in 1942 for promoting the labour welfare work. A labour welfare fund was constituted in the year 1946 for financing the labour welfare measures outside the purview of statutory provisions in public sector undertakings.
The Government of India favoured the idea of ‘welfare state’. The government passed certain Acts, viz. Factories Act, 1948, the Coal Mines Labour Welfare Fund Act, 1947, the Iron Ore Mines Welfare Cess Act, 1961 and the Limestone and Dolomite Mines Labour Welfare Act, 1972, etc., are important Acts, covering the welfare of the workers.
Welfare funds have been created for the workers engaged in coal, iron, orelime stone and delomit mines. These funds are created by (a) the levy of cess in the coke and coal despatches from the colleries (b) an ad velorem cess on the export of mica, (c) a cess is levied on the production in iron-ore mining industries (d) a cess is levied on lime stone and delomit consumed by iron and Steel Mills, Cement and other factories.
(d) Labour Welfare Work by State Governments:
Various State Governments and Union Territories have established different welfare centres which are providing educational, health, recreational and other facilities to the workers. Different cultural activities, games, sports, training in handicrafts, library, gymnasium and tailoring classes for women workers are being provided by different State Governments.
The State Governments have passed Labour Welfare Funds Acts from time to time to safeguard the interests of the workers and their families. Some of the important Acts passed by the State Governments are the Bombay Labour Welfare Fund Act (1953); the Mysore Labour Welfare Fund Act (1965) etc. The main sources of finances for these funds are (i) fines realised from the employees, (ii) unpaid wages, bonus, gratuity and all unpaid arrears, (iii) fines imposed on the employers by courts for defaults; (iv) Voluntary donations, (v) any fund transferred from any other labour welfare fund; (vi) all grants from the Central/State Governments; (vii) unclaimed and forfeited sums in Provident Fund Accounts and (viii) Any sum borrowed, etc. In addition to what has been explained above in respect of labour in India, a large number of voluntary social organisations have taken welfare activities in respect of night-schools, libraries, recreation health etc.

8.      What are the duties and functions of Labour Welfare Officer?
Ans. As early as 1931, the Royal Commission on labour recommended the appointment of a labour officer to eliminate the position of evil practices of Jobbers who used to engage and dismiss labour. Initially, employers did not pay heed to this recommendation. But the State Government took the initiative in 1934, when it passed the Bombay Disputes Conciliation Act, providing for the appointment of a government labour officer who would deal with labour grievances. The Same year, the Bombay Millowners’ Association was persuaded by the State Government to appoint its own labour officer. Cotton Textile mills followed suit, and 26 labour officers were appointed in the Bombay textile mills by 1940.
However, during the War, the police function gradually changed to welfare function, and the labour officer assisted in the setting up of food shops and the organizations of sports and welfare activities for employees. Gradually, this position began to discharge the functions of a labour welfare officer. In 1946, the Labour Investigation Committee strengthened his position and his importance was stressed in the Factories Act of 1948, which stated that “the owner of every factory with 500 or more workers is obliged to employ the prescribed number of welfare officers.
Who is Labour welfare officer? Schedule 49 of the Factories Act 1948, provides that in every factory wherein 500 or more workers are ordinarily employed, the employer shall appoint a person who can act as an advisor, counsellor, mediator and liaisoning between the management and the labour, for improving the efficiency, productivity and profitability of organization. Here, s/he is called Labour Welfare officer.
Professionally he or she should be Post Graduate in Social Science, Diploma in Labour welfare, recognised by the State Government, 3-5 years working experience in Industrial Safety and finally having hard working ability and sound communication Skills.
Main objectives of this Position:
• To eliminate the evils of the jobber system in the recruitment of labour
• To develop and improve the labour administration in mills / factory.
• To serve as a liaison with the State Labour Commissioner.
Duties of Labour Welfare officer:
The Malaviya Committee’s Report on Labour Welfare in 1969, following the model rules framed under the Factories Act of 1948, has specified the following duties of welfare officers:
1. Supervision
2. Advice
3. Liaison and,
4. Counselling
1. SUPERVISION:
• Safety, health and welfare programmes like housing, recreation and sanitation services, as provided under the law.
• Working of joint committees;
• Grant of leave with wages as provided; and
• Redress of workers’ grievances
2. ADVICING MANAGERS IN THE MATTERS OF:
• Formulating welfare policies;
• Apprenticeship training programs;
• Complying with statutory obligations to workers
• Developing fringe benefits;
• Workers’ education
3. LIAISONING:
3.1. Liaison with workers so that they may –
• Appreciate the need for harmonious industrial relations in the plant;
• Resolve disputes, if any;
• Understand the limitations under which they operate; and
• Interpret company policies correctly.
3.2. Liaison with management so that they may:
• appreciate the worker’s view point on various matters connected with the plant;
• meet their obligations under the Act;
• maintain harmonious industrial relations in the plant;
• Suggest measures for the promotion of the general well-being of workers.
3.3. Liaison with inside factory agencies such as the factory inspector, medical officers, and other inspectors with a view to securing a proper enforcement of the various Acts as applicable to the plant; 3.4. Liaison with other agencies in the community with a view to helping workers to make use of community services.
3.5 Liaison with the state labour commissioner with a view to administration of welfare involves decisions on (i) welfare policy, (ii) organization of welfare, and (iii) assessment of effectiveness
4. COUNSELLING:
The latest trend catching up in the corporate HR across the world is 'Employee Counselling at Workplace'.
In the world of ever increasing complexity and the stress in the lives, especially the workplaces of the employees, employee counselling has emerged as the latest HR tool to attract and retain its best employees and also to increase the quality of the workforce.
In today's fast-paced corporate world, there is virtually no organisation free of stress or stress-free employees.
The employees can be stressed, depressed, suffering from too much anxiety arising out of various workplace related issues like managing deadlines, meeting targets, lack of time to fulfil personal and family commitments, or bereaved and disturbed due to some personal problem etc.
Organisations have realized the importance of having a stress-free yet motivated and capable workforce.
Welfare measures are not only the solution.
Therefore, many companies have integrated the counselling services beside welfare in their organisations and making it a part of the duties of labour welfare officer as well as their management culture of the organization.
Now the question comes what is Counselling actually?
• Counselling is guiding, consoling, advising and sharing and helping to resolve their problems whenever the need arises.
• Technically, Counselling is a technique for the experts to identify and analyze the work related problems, performance and behaviour of the employees and to help them cope with it, resolve the conflicts and tribulations and re-enforce the desired results.
Why counselling, is essential now a days for every organization? It is crystal clear that employees personal problems affects his or her performance at work and ultimately it affected the overall performance of the organization in terms of quality, productivity and profitability. Therefore, counselling basically is a manager – initiated strategy for improving employee’s performance.
Table: Interrelationship between personal problems to performance problem to organizational consequences

The purposes of employee counselling:
• To provide help for employees who are having problems before they develop into more serious issues e.g. alcohol/substance misuse, increased accident rate etc.
• To ensure that counselling is separate from disciplinary procedures.
• The service must be available to and of benefit to all employees in life council.
Principles of Good Counselling:
• Strengthening communication between managers / Officers and employees/ labourers.
• Making the employee understand performance level exhibited by him – successful performance or marginal.
• Involving the employee in problem solving process.
• Enabling the employees to identify elements that contributed to success.
• Helping the employee to attain performance objectives.
• Encourage the employee to learn.
• Focusing on behaviour not personality.
• Using reinforcement techniques to shape behaviour.
• Reposing trust and confidence in the employee for achieving performance objectives.
• Maintaining and increasing the employee’s self-esteem.
• Documenting the discussion.
• Ensure the reward and punishment for deserving employees in all level.
Types of Counselling:
1. Telling (counselling mechanically without concern to the counselee's feelings/ attitudes.
2. Manipulating (counselling with the client’s human feelings rather than the problems)
3. Advising (counselling with the client’s problems and feelings too)
Different approaches / methods of Counselling:
A. Indirect Counselling
B. Direct Counselling
C. Confrontational Counselling
A. Indirect Counselling: Here the counsellor adapts open-minded approach to both the client and the problem and as such no solution is forced on the client’s. Therefore, the counselee is encouraged to offer modifications to the solutions offered by the counsellor before selecting the best solution.
B. Direct Counselling: Counsellor in direct approach has the knowledge and preconceived idea of the client and the problem. Therefore, the counsellor decides upon the solution quite before the client offers his/her views and forces his/her solutions upon the counselee. Thus the counsellor follows standard solutions in the direct counselling.
C. Confrontational Counselling: Counsellor in this approach intentionally provokes the counselee to make emotional statements about him / her and others relating to the problem.
The purpose of this approach is to know the truth and the core issue of the problem. This method is more appropriate when the counselee refuses to accept the truth and defends him / her. The counsellor should be highly skilled and diplomat to use this method more wisely.
Basic requisites of employee counselling
• Employee Counselling needs to be tackled carefully, both on the part of the organisation and the counsellor.
• The counselling can turn into a sensitive series of events for the employee and the organisation; therefore, the counsellor should be either a professional or an experienced, mature employee.
• The counsellor should be flexible in his approach and a patient listener.
• He should have the warmth required to win the trust of the employee so that he can share his thoughts and problems with him without any inhibitions.
• Active and effective listening is one of the most important aspects of the employee counselling.
• Time should not be a constraint in the process.
• The counsellor should be able to identify the problem and offer concrete advice.
• The counsellor should be able to help the employee to boost the morale and spirit of the employee, create a positive outlook and help him take decisions to deal with the problem.
In conclusion it can be stated that a Labour welfare officer is basically a counsellor with competent technical knowledge, well versed in labour laws (statutory and non statutory) and human values and able to guide and advice for corrective decisions & actions against the problems the employees are facing. His or her primary skills must be actively listening, responding and questioning. While counselling he / she should ask questions, listen attentively what the counselee says, observe the body language of the counselee, ascertain the core problem tactfully, be patient and remain neutral, should not offer solutions even before the counselee explains the problem, give or impose solutions, be critical and judgemental, finally jump to final judgements and ventilate emotions. Through proper counselling, and supervising, a labour welfare officer can helps employees and employers in many ways like: • Assist to employees to resolve difficulties in a supportive and professional manner. Whether a crisis or something that has been worrying the employees for sometimes, counselling can assist them to understand the problem, its impact and to develop strategies to cope with it. • Can provide result in quicker and less stressful resolution of the problems with less disruption to the workplace. • Helping the employees to have better control over their lives, take their decisions wisely and better charge of their responsibilities; reduce the level of stress and anxiety. • Employees and employers both can have desirable consequences for the organisation. • Helps the organisation by building a sense of commitment among the employees that the organization cares for them, • Finally modify the behaviour of the employees and more so to reenforce the desired behaviour and improve and increase the employee productivity. In brief, the welfare officer has to concern himself with the implementation of labour laws and the maintenance of proper working conditions; with matters relating to the workers’ well-being; with industrial peace and harmonious labour relations. He has to plan to increase productivity and is expected to act, while discharging his responsibilities, as an advisor, counsellor, mediator and liaison man between management and labour.

9.      Write a detailed note on the Factories Act, 1948, focusing on the labour welfare provisions under it.
Ans. Some of the provisions relating to the Labour Welfare as mentioned in the Factories Act, 1948 are: (1) Washing Facilities (2) Facilities for storing and drying clothing (3) Facilities for sitting (4) First aid appliances (5) Canteens (6) Shelters, rest rooms and lunch rooms (7) Creches and (8) Welfare officers
The Factories Act, 1948 contains the following provisions relating to Labour Welfare:
(1) Washing Facilities:
In every factory (a) adequate and suitable facilities shall be provided and maintained for the use of workers; (b) separate and adequately screened facilities shall be provided for the use of male and female workers; (c) such facilities shall be easily accessible and shall be kept clean.
(2) Facilities for storing and drying clothing:
In every factory provision for suitable place should exist for keeping clothing not worn during working hours and for the drying of wet clothing.
(3) Facilities for sitting:
In every factory, suitable arrangements for sitting shall be provided and maintained for all workers who are obliged to work in a standing position so that the workers may take advantage of any opportunity for rest which may occur in the course of work. If in any factory workers can efficiently do their work in a sitting position, the Chief inspector may require the occupier of the factory to provide such seating arrangements as may be practicable.
(4) First aid appliances:
Under the Act, the provisions for first-aid appliances are obligatory. At least one first-aid box or cupboard with the prescribed contents should be maintained for every 150 workers. It should be readily accessible during all working hours.
Each first-aid box or cupboard shall be kept in the charge of a separate responsible person who holds a certificate in the first-aid treatment recognised by the State Government and who shall always be readily available during the working hours of the factory.
In every factory wherein more than 500 workers are ordinarily employed there shall be provided and maintained an ambulance room of the prescribed size containing the prescribed equipment. The ambulance room shall be in the charge of properly qualified medical and nursing staff. These facilities shall always be made readily available during the working hours of the factory.
(5) Canteens:
In every factory employing more than 250 workers, the State government may make rules requiring that a canteen or canteens shall be provided for the use of workers. Such rules may provide for (a) the date by which the canteen shall be provided, (b) the standards in respect of constitution, accommodation, furniture and other equipment of the canteen; (c) the foodstuffs to be served therein and charges which may be paid thereof; (d) the constitution of a managing committee for the canteens and representation of the workers in the management of the canteen; (e) the items of expenditure in the running of the canteen which are not to be taken into account in fixing the cost of foodstuffs and which shall be borne by the employer; (f) the delegation to the Chief inspector, of the power to make rules under clause (c).
(6) Shelters, rest rooms and lunch rooms:
In every factory wherein more than 150 workers are ordinarily employed, there shall be a provision for shelters, rest room and a suitable lunch room where workers can eat meals brought by them with provision for drinking water.
Where a lunch room exists, no worker shall eat any food in the work room. Such shelters or rest rooms or lunch rooms shall be sufficiently lighted and ventilated and shall be maintained in a cool and clean condition.
(7) Creches:
In every factory wherein more than 30 women workers are ordinarily employed there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women.
Such rooms shall provide adequate accommodation, shall be adequately lighted and ventilated, shall be maintained in clean and proper sanitary conditions and shall be under the charge of women trained in the care of children and infants.
The State government may make rules for the provision of additional facilities for the care of children belonging to women workers including suitable provision of facilities:—
(a) For washing and changing their clothing
(b) of free milk or refreshment or both for the children, and
(c) for the mothers of children to feed them at the necessary intervals.
(8) Welfare officers:
In every factory wherein 500 or more workers are ordinarily employed, the occupier shall employ in the factory such number of welfare officers as may be prescribed under Sec. 49(1). The State government may prescribe the duties, qualifications and conditions of service of such officers.

10.  Short Notes:
    1. Statutory and Non-Statutory Labour Welfare programmes
Ans.
Statuary welfare benefits
The statutory welfare benefits schemes include the following provisions:
  1. Drinking Water: At all the working places safe hygienic drinking water should be provided.
  2. Facilities for sitting: In every organization, especially factories, suitable seating arrangements are to be provided.
  3. First aid appliances: First aid appliances are to be provided and should be readily assessable so that in case of any minor accident initial medication can be provided to the needed employee.
  4. Latrines and Urinals: A sufficient number of latrines and urinals are to be provided in the office and factory premises and are also to be maintained in a neat and clean condition.
  5. Canteen facilities: Cafeteria or canteens are to be provided by the employer so as to provide hygienic and nutritious food to the employees.
  6. Spittoons: In every work place, such as ware houses, store places, in the dock area and office premises spittoons are to be provided in convenient places and the same are to be maintained in a hygienic condition.
  7. Lighting: Proper and sufficient lights are to be provided for employees so that they can work safely during the night shifts.
  8. Washing places: Adequate washing places such as bathrooms, wash basins with tap and tap on the stand pipe are provided in the port area in the vicinity of the work places.
  9. Changing rooms: Adequate changing rooms are to be provided for workers to change their cloth in the factory area and office premises. Adequate lockers are also provided to the workers to keep their clothes and belongings.
  10. Rest rooms: Adequate numbers of restrooms are provided to the workers with provisions of water supply, wash basins, toilets, bathrooms, etc.
  11. Maternity & Adoption Leave – Employees can avail maternity or adoption leaves. Paternity leave policies have also been introduced by various companies.
  12. Medi-claim Insurance Scheme: This insurance scheme provides adequate insurance coverage of employees for expenses related to hospitalization due to illness, disease or injury or pregnancy.
  13. Sexual Harassment Policy: To protect an employee from harassments of any kind, guidelines are provided for proper action and also for protecting the aggrieved employee.  For more information go through - Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Non statutory benefits
Many non-statutory welfare benefits may include the following schemes:
  1. Personal Health Care (Regular medical check-ups): Some of the companies provide the facility for extensive health check-up
  2. Flexi-time: The main objective of the flexitime policy is to provide opportunity to employees to work with flexible working schedules. Flexible work schedules are initiated by employees and approved by management to meet business commitments while supporting employee personal life needs.
  3. Employee Assistance Programs: Various assistance programs are arranged like external counselling service so that employees or members of their immediate family can get counselling on various matters.
  4. Employee Referral Scheme: In several companies employee referral scheme is implemented to encourage employees to refer friends and relatives for employment in the organization.

    1. Extra-mural and Intra-mural Welfare Amenities
Ans.
(1) Intra-mural Facilities:
The facilities provided inside the factory are known as intra-mural facilities. These facilities include activities relating to minimisation of industrial fatigue, provision of safety measures like fencing and covering of machines, good layout of the plant and machinery, sufficient lighting conditions, provision of first aid appliances etc.
Provisions of such facilities are also obligatory in all industrial establishments all over the world.
(2) Extra-mural Facilities:
Facilities offered to the workers outside the factory are known as extra-mural facilities. They include better housing accommodations, indoor and outdoor recreation sports, educational facilities etc. The provision of these facilities is voluntary. Earlier, due attention was not given to the provision of extra-mural facilities to the workers but now it is realised that these facilities are very important for the general welfare and upliftment of the workers.

UNIT III

11.  Examine the significance of Social Security measures for employees and its impact on employee productivity.
Ans. It has been suggested by various commentators that social security contributes to economic growth by raising labour productivity and enhancing social stability. Various types of social security are particularly relevant to labour productivity:
·         Health-care systems help to maintain workers in good health and to cure those who become sick. Poor health is a major cause of low productivity in many developing countries where workers do not have access to adequate health care. Not only does it limit their ability to cope with the physical demands of their jobs, but it also leads to sickness absence and can seriously undermine efficiency even among workers who do not absent them from work. Care for workers’ family members helps to ensure the good health of the future labour force.
·         Pension systems ease the departure of older workers from the labour force, thereby helping to avoid the problem of workers remaining in employment when their productivity has fallen to a low level.
·         Cash sickness benefit contributes to the recovery of sick workers by removing the financial pressure to carry on working when ill. It also helps to maintain the productivity of other workers by countering the spread of infection.
·         Maternity insurance is of particular importance for the reproduction of a healthy workforce, as well as for the maintenance of the health of working mothers.
·         Work injury schemes — the oldest and most widespread form of social security — is playing an increasingly important role in preventing work-related accidents and sickness and in rehabilitating workers who fall victim to these. Such activities are of considerable relevance to productivity, given the enormous numbers of days off work attributable to avoidable health risks.
·         Unemployment benefit provides unemployed workers with the breathing space they need in order to find suitable work which makes full use of their talents and potential; the associated employment and training services are also highly relevant in this respect.
·         Child benefits (and other cash benefits provided when the breadwinner is unable to work) help to ensure that families with children have enough income to provide proper nutrition and a healthy living environment for their children. In developing countries, child benefits can also be a powerful instrument to combat child labour and promote school attendance. Children can thus receive an education that will permit them in the long run to attain much higher levels of productivity and income.
More indirect effects on productivity may also be important. The existence of a good unemployment insurance system creates a feeling of security among the workforce which can greatly facilitate structural change and technological innovations that workers might otherwise perceive as a great threat to their livelihoods. The link between these issues was graphically illustrated in the Republic of Korea by the Tripartite Accord of 1998 under which workers’ organizations accepted greater labour market flexibility, including lay-offs, in exchange for better social protection.
Social security helps create a more positive attitude not just to structural and technological change, but also to the challenges of globalization and to its potential benefits in terms of greater efficiency and higher productivity. Countries with relatively open national economies (a high ratio of trade to GDP) and high exposure to external risks (high variability in the relative prices of imports and exports) have been observed to provide high levels of social security. It appears that societies which expose themselves to more external risk demand a higher degree of social protection. Globalization and social security thus tend to be mutually reinforcing.
Social security can be an important factor in the maintenance of effective demand and of business confidence. This effect is most obvious in the case of unemployment benefits, which help to maintain the purchasing power of workers who have lost their jobs. However, other social security benefits also act as an economic buffer during a recession or crisis. Without them, the multiplier effects of the first round of job losses could be followed by second and third rounds that could cut deep into the social fabric of the community, as well as leaving much of the economy working well below capacity. Social security thus helps to prevent production from falling too far and to keep companies in business, with their workforce intact, ready to participate in the upswing when it comes.

12.  Short Notes:
a.      Social Assistance
b.      Social Insurance
13.  Throw light upon the development of Social Security in India.
14.  Elaborate upon the social security measures taken for Industrial employees.
Ans. The growth of industrialised communities made it evident that most people have to depend on the capacity to work. In a day’s work they meet their needs for that day, and whenever they are not able to be at work, for any reason, they face hardships. It is to meet this type of need the concept of social security was developed. According to ILO report entitled – “Approaches to Social Security” social security is the security that society furnishes, through appropriate organisation, against certain risks to which its members are exposed. The risks are essentially contingencies against which the individuals of small means can not effectively provide by their own ability or foresight alone or even in private combination with others. According to Lord Beveridge, social security is an attack on five giants such as wants, disease, ignorance, squalor and idleness.
Friedlander defines social security as, “program of protectionism provided by society against the contingencies of modern life such as sickness, unemployment, old age, dependency, industrial accidents and invalidism against which the individual cannot be expected to protect himself and his family by his own ability or foresight. In the Encyclopaedia of social work, social security has been defined as “the endeavour of the community, as a whole, to afford itself to the utmost extent possible to help any individual during periods of physical distress inevitable or illness or injury and from the economic distress consequent on reduction or loss of earnings due to illness, disablement, maternity unemployment, old age, or death of the working member.
Social security may generally be defined as protection provided by the state to its members against providential mishaps over which a man has no control. This protection is provided through proper organisation. Thus social security is the security, which the society especially the state and employers, furnish through appropriate organisations to the individual members of the society who are exposed to certain risks.
Social security measures vary from country to country. But the common characteristics of social security are: (i) They are established by law; (ii) They provide some form of cash payment to individuals to replace at least a part of the lost income that occurs due to such contingencies as unemployment, maternity, work injury, invalidism, sickness, old age and death; (iii) The benefits or services are provided in three major ways such as social insurance, social assistance and public service. The various social security benefits normally provided have been outlined hereunder.
A)    Coal Mines Provident Fund
The Coal Mines Provident Fund Organisation is an autonomous body under the Ministry of Coal, Government of India. It was established in 1948 through an Act of parliament to administer different schemes of provident fund, pension and deposit linked insurance for coal miners. These schemes are administered through the Board of Trustees comprising 21 members representing Union of India, State Government, Employer’s and Employees representatives under the chairmanship of Secretary (coal), Government of India. The commissioner is the CEO and ex-office member of the Board. The organisation provides services to over 5 lakh members and more than 2 lakh pensioners. The headquarters of the CMPFO are at Dhanbad in Bihar and its 23 regional offices are spread all over India. It is responsible for administering the coal mines provident fund scheme 1948; coal mines pension scheme-1998 and coal mines deposit linked insurance scheme-1976. These three schemes are administered by a tripartite board of trustees, consisting of Government representatives, employers representatives and employees representatives.
The Coal Mine Provident Fund Act covers all the employees in mines irrespective of the quantum of wages and salaries drawn by them. The statutory rate of contribution for employees is fixed at 12 per cent of wages, while the management also makes a matching contribution24. Employees can draw loans from their provident fund account for the purchase of dwelling sites or for meeting the educational or marriage needs of their children. 25
B)    Gratuity
Gratuity is a retirement benefit payable to employees with long and unblemished service by the employer as per the payment of Gratuity Act, 1972. In other words, gratuity is a reward for long and meritorious service. Every employee, irrespective of his remuneration is entitled to receive gratuity if he/she has rendered service for five years or more. Gratuity is payable at the time of termination of service on account of retirement, resignation, death or disablement due to accident or disease. It is to be noted that the condition of 5 years of service is not applicable if the termination of service is due to death or permanent disablement. Gratuity is payable to the nominee and if there is no nominee, it is payable to the legal heirs. Gratuity is normally paid at the rate of 15 days wages for every year of completed service25. The maximum gratuity payable varies from company to company.
C)    Coal Mines Pension Scheme
One attraction for a Government job is the provision for old age. This ensures a regular income after retirement and instills a feeling of security among the employees. The important aspect in a pension scheme is that an employee with a minimum period of service becomes eligible for a certain percentage of salary as pension after his/her retirement from service. He gets it regularly every month as if he were in service. Here again the rate of pension is dependent on the period of service. As per Coal Mines Pension Scheme, an employee after completion of 30 years of pensionable service and on attaining the age of superannuation shall be eligible to receive monthly pension at the rate of 25 per 26 cent of the average emoluments or not less than Rs.350 from the following date of superannuation till the date of his death. Further, where an employee has not completed 30 years but has completed 10 years of pensionable service on attaining the age of superannuation, the pension shall be determined in terms of the following formula such as Length of pensionable service × 25 per cent of the average emoluments26. Generally, Mining Companies pay different types of pensions such as disablement pension, monthly widow or widower pension and children pension. In case of disablement pension, if an employee after rendering 10 years of pensionable service becomes permanently handicapped or disabled, he shall be entitled to disablement pension at the rate of 25 per cent of the average emoluments or not less than Rs.350. In case of widow/widower pension, the legally wedded wife/husband is entitled to a widow or widower pension. It is to be noted that if an employee has two wives at the time of his death, the surviving widows are eligible for equal share in the amount of widow pension. Children pension is payable to two of the eldest sons or unmarried daughters till they attain the age of 25 years or in the case of unmarried daughter till the date of her marriage, whichever is earlier.
D)    Workmen Compensation
Employees who work in companies are prone to accidents due to which they suffer a lot in life. Hence, they need to be compensated properly. In view of this, the Government of India enacted Workmen Compensation Act, 1923. As per the Act, employers have an obligation to pay compensation to workmen for all personal injuries caused to them by accidents arising out of and in the course 27 of their employment, which disable them for more than 3 days resulting in a loss of earning capacity. The Act distinguishes between 3 types of injuries namely permanent partial disablement, permanent total disablement and temporary disablement. The principal difference between permanent partial disablement and permanent total disablement is that the former results in less than 100 per cent loss of earning capacity while the latter results in 100 per cent or more loss of earning capacity. Temporary disablement on the other hand is one, which makes a workman temporarily incapable of doing the work, which he was doing prior to the injury. The compensation in case of death ranges from Rs.1 lakh to Rs.5 lakhs and it varies from organisation to organisation. It is to be noted that the payment of compensation is squarely the responsibility of the employer of the establishment concerned27.
E)     Maternity Benefit Companies provide maternity benefit to women workers and employees in accordance with the rules and regulations of Maternity Benefit Act 1961. The Act is not applicable to the employees covered under the ESI Act 194828. As per the Act, women employees are eligible for maternity leave for a period of 12 weeks subject to the condition that they have actually worked for a period of 160 days in the 12 months immediately preceding the day of her expected delivery. The Act also provides for 6 weeks leave in case of medical termination of pregnancy and two weeks leave in case of tubectomy operation and a maximum one month leave in case of illness arising out of medical termination of pregnancy or tubectomy. During this period, companies pay full wages to women employees. 28 In the recent past, the Central Government increased the maternity leave from 12 weeks/84 days to 180 days or 6 months29. It has been found that the legislation has led to a tendency among some employers not to employ married women and discharge them on signs of pregnancy.
F)     Insurance Benefits In the industrial organisation employees are exposed to various hazards both within the organisation as well as outside. For instance, occupational hazards are common to every employee. All the same, they are prone to accidents outside. In view of this, companies provide insurance cover to employees by taking various insurance policies group life insurance, group service linked insurance, family benefit insurance, accidental benefit insurance etc. These insurance schemes help the employees and their families financially. For instance, group insurance scheme provides insurance cover to all the employees who work under one employer. Similarly, family benefit insurance scheme also helps employees and their families financially. Further, accidental insurance policies bail the employees out when they meet with accidents30. The attractive features of these insurance schemes are simple insurable conditions, low premiums and easy administration.

To sum up employee welfare and social security play a vital role in any industrial society. Provision of welfare and social security measures to the workers and other employees has received much importance to maintain good 29 industrial relations. Welfare and social security facilities influence the motivation of employees whereby they feel that the employer and the government are interested in their welfare and happiness and their tendency to grouse and grumble steadily disappears. From this, the industrial peace will emerge and ultimately higher productivity will be achieved.

15.  Write a note on the evolution of machinery for labour administration.
Ans. In 1999 the Governing Body of the International Labour Office decided that a general discussion on social security should take place at the International Labour Conference in 2001. The objective of this discussion is to establish an ILO vision of social security that, while continuing to be rooted in the basic principles of the ILO, responds to the new issues and challenges facing social security. In a second stage this may lead to the development of new instruments or to the possible updating or revision of existing standards.
During the last two decades specific aspects of social security have been discussed at the International Labour Conference on various occasions. Most recently, in 2000, the Conference looked closely at the subject of maternity benefits when it revised the Maternity Protection Convention (Revised), 1952 (No. 103), and Recommendation (No. 95). Unemployment benefits were on the agenda in 1987 and 1988 when the Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168), was discussed and adopted. In 1987 the Social Security (Seafarers) Convention (Revised) (No. 165) was adopted. The special needs of migrants were taken into account with the adoption in 1982 of the Maintenance of Social Security Rights Convention (No. 157).
However, it was in the 1950s — with the adoption in 1952 of the Social Security (Minimum Standards) Convention (No. 102) — and the 1960s — with the adoption of a series of superior standards — that the Conference dealt with the broad range of benefits provided by social security.
The last opportunity that the Conference had to consider social security as a whole was at the 80th Session in 1993 in the discussion of the Report of the Director-General, Social insurance and social protection. That discussion confirmed the bleak picture concerning the developing countries painted in the Report. The unfavourable situation of women with regard to social protection was emphasized, as was the social distress which had resulted from structural adjustment policies. Some delegates had found the Report’s analysis too optimistic with respect to the industrialized countries, noting that social protection was deteriorating, very often at the expense of the most vulnerable groups of the population. The social problems in the economies in transition were stressed: to ensure a smooth economic transformation and the development of democracy, it was vital to strengthen social protection. Many spoke about the relationship between economic growth and social protection, but it was clear that views differed considerably on this subject.
The Governing Body has identified a number of key issues that should be taken into account in the general discussion in 2001. These include: the interconnections between social security, employment and development; extension of the personal coverage of social protection; gender equality; the financing of social security; expanding social dialogue; and implications for future ILO work.

UNIT IV

16.  Swot up the importance and provisions of Provident Fund organisations.
17.  Central labour administrative machinery is “for the formulation of labour policy, enforcement of labour laws and for the promotion of labour welfare.” Explain.
18.  Write detailed notes on:
a.      ESI Schemes
b.      Central Board of Workers’ Education
19.  Discuss the significance of Labour Welfare measures with respect to Education of and for labour.
20.  What role do the employers and workers trade union play in relation to labour welfare?


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