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

Social Security Measures

Typology: Essays (high school)

2014/2015

Uploaded on 10/27/2015

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Download Social Security Measures and more Essays (high school) Labour Law in PDF only on Docsity! SOCIAL SECURITY MEASURES IN INDIA Sathish Chandra MR1, Veena V2 Social Security is defined by the International Labour Organization (ILO) as “The protection which so- ciety provides for its members through a series of public measures against the economic and social distress that otherwise would be caused by the stoppage or substantial reduction of earn- ings resulting from sickness, ma- ternity, employment injury, inva- lidity and death; the provision of medical care; and the provision of subsidies for families with chil- dren” (1984). The security which society furnishes through appro- priate organizations against cer- tain risks to which its members are perennially exposed. NEEDS OF SOCIAL SECURITY In India 90% of families earn their livelihood from the unor- ganized sector. Most of the rural and informal sector workers in the world do not have any social secu- rity measures. In most of the devel- oping countries the rural and in- formal sectors constitute the bulk of the population. They do not have any form of insurance or se- curity (e.g. Maternity benefits, re- tirement benefits, health insurance etc) nor do they have representa- tive organizations that might help them by fighting for these benefits. Poor are particularly vulnerable to the lack of health security measures. They spend a greater percentage of their budget on health related expenditures. Dur- ing sickness they need to spend large amounts of money for treat- ment and are unable to earn money while under treatment. Ma- jority of poor households reside in remote rural areas where no gov- ernment or private medical facili- ties are available and obtaining treatment at town or district level hospital involves travel costs, which are not insignificant. As a Worker/Employee, you are a source of social security protection for yourself and your family. As an Employer you are responsible for providing adequate social security coverage to all your workers. NEEDS THAT NECESSITATES SOCIAL SECURITY 1. Physical risks: Sickness, in- validity, old age, maternity, acci- dents, death. 2. Economic risks : Unemploy- ment 3. Economic burden of large family SOCIAL IMPACT OF SOCIAL SECURITY MEASURES Short term effects: Provides adequate medical care and prevents accidents and illness which will ultimately benefit the workers and the society. Long term effects: More efficient workers. Higher productivity and a greater feeling of security. Reduced absenteeism, labour turnover and stabilized working class. Improve the living standards of the people and strengthen livelihoods. Significance of Social Security Methods: Important step towards the goal of welfare state and helps in the formation of stable and effi- cient labour force. Tends to reduce the wastage arising out of indus- trial disputes, sickness, and disa- bility. Social cost of industrializa- tion in the shape of unemploy- ment, disability, frustration and mass dissatisfaction is considera- bly minimized. AIM OF SOCIAL SECURITY Measures to be taken to im- prove the condition of work  Reduction in the hours of work.  Better lighting and ventila- tion.  Proper disposal of trade waste and adequate provision for bathrooms etc.  Improve the safety measures to reduce accidents and disability. Restoration: Early restoration of the workers to their normal oc- cupation as early as possible. APPROACHES TO SOCIAL SECURITY (Table 1) There are mainly two types: 1. Social assistance 2. Social insurance Social assistance: A method to provide benefits as of right to persons usually of small means in amounts sufficient to meet a minimum standards of liv- ing from general revenues of the state. Characteristics feature of this is the beneficiaries do not make any contribution towards various benefits which are made available to them. It is a “Non-contributory benefits” towards the maintenance of vulnerable groups such as chil- dren, mothers, aged peoples, disa- bled etc. Very much essential for the effective working of the eco- nomic system. Social Insurance A method to provide benefits as a matter of right for persons of small earnings, in amounts which combine the contributions of the beneficiaries with subsidies from Perspectives 1Assistant Professor, Department of Community Medicine, BGS Global Institute of Medical Sciences, Bangalore Correspondence to Dr Sathish Chandra MR (sathi.medico@yahoo.co.in) ANNALS OF COMMUNITY HEALTH | VOL 2 | ISSUE 2 | APR - JUNE 2014 | Page: 48 ANNALS OF COMMUNITY HEALTH | VOL 2 | ISSUE 2 | APR - JUNE 2014 49 the employer and the state. Char- acteristics feature of this is the ben- eficiaries, employers and the Gov- ernment make contributions to- wards the creation of common pool, out of which benefits are paid to the members in the event of any contingencies. Type of compulsory mutual aid with benefits can be claimed as a matter of right. Suita- ble where the class of workers to be covered is sufficiently well orga- nized, legally regulated and finan- cially stable. SOCIAL SECURITY SCHEMES IN INDIA The principal social security laws for workers are the following:  The Employees State Insur- ance Act, 1948 (ESI Act)  The Employees Provident Funds & Miscellaneous Provisions Act, 1952 (EPF & MP Act)  The Workmen’s Compensa- tion Act, 1923 (WC Act)  The Maternity Benefit Act, 1961 (M.B. Act)  Coal Mines Provident Fund Bonus Scheme, 1948  Employees Family Pension Scheme, 1971 Social security for civil servants: Central Government Health Scheme (CGHS) Social Assistance Scheme: National Social Assistance Pro- gramme (NSAP). Three compo- nents of this are:  National Old Age Pension Scheme  National Family Benefit Scheme  National Maternity Benefit Scheme The Employees State Insurance Act, 1948 (ESI Act) The Act contains an enabling provision under which the "appro- priate government" is empowered to extend the provisions of the Act to other classes of establishments - industrial, commercial, agricul- tural or other-wise. Under these provisions most of the State Govts. have extended the provisions of the Act to new classes of establish- ments namely: shops, hotels, res- taurants, cinemas including pre- view theatres, road-motor transport undertakings and news- paper establishments employing 20 or more coverable employees. Administration: The ESI Scheme is administered by a cor- porate body called the Employees’ State Insurance Corporation (ESIC). Union Minister For Labour is the chairman of this corporation. It consists of members represent- ing Central and State Govern- ments, employers and employees organizations, medical profes- sion and parliament. The Head Quarters of the ESI Corporation is located at Delhi and has 58 field of- fices such as 23 Regional Office, 26 Sub-Regional Office and 4 Divi- sional Office and 2 Camp Office and 3 Liaison Office throughout the county. Besides, there are 610 Branch Offices and 187 Pay Offices for administration of cash benefits to Insured Persons. The Govern- ment’s recent decision to raise the pay limit from Rs 15,000/month to Rs 25,000/month to get coverage under the Employees State Insur- ance Scheme (ESI) without any im- provement in service quality has been opposed by a section of trade unions. Coverage of this scheme: 91.48 lakh employees, including 15.43 lakhs women and the total number of beneficiaries were around 354 lakhs. Medical facilities are pro- vided through a network of 1427 ESI dispensaries, over 2100 panel clinics, 307 diagnostic centres, 143 ESI hospitals and 43 hospital an- nexes with over 27000 beds. The payment of cash benefits is made at the grass root level through 610 branch offices. Finance of the scheme: Run by the contributions by employee, employer and grants from the Cen- tral and State Governments. Em- ployer – 4.75 % of total wage bill. Employee – 1.75 % of wage bill. State Government's share of ex- penditure on medical care is 1/8 of total cost of medical care; ESI Cor- poration‘s share of expenditure on medical care is 7/8 of total cost of medical care. Benefits to the employees: Medical Benefit, Sickness Benefit, Maternity Benefit, Disablement Benefit, Dependents Benefit, Fu- neral Expenses, Rehabilitation al- lowance. Table 1- Showing difference between Social Assistance and Social Insurance Social Assistance Social Insurance  A method to provide bene- fits as of right to persons usually of small means in amounts suffi- cient to meet a minimum stand- ards of living from general reve- nues of the state.  A method to provide bene- fits as a matter of right for persons of small earnings, in amounts which combine the contributions of the beneficiaries with subsidies from the employer and the state.  Non contributory  Contributory  For the vulnerable groups of the community (children, mothers, invalids, aged people, disabled)  For the well-organized, le- gally regulated, financially stable community.  Cannot be claimed as a matter of right (Provided)  Can be claimed as a matter of right 52 ANNALS OF COMMUNITY HEALTH | VOL 2 | ISSUE 2 | APR - JUNE 2014 Criteria for beneficiaries:  Women delivering at home or admitted to sub centre / Govern- ment hospital / recognized private hospital (general ward).  Belonging to the BPL fami- lies.  Current delivery must be the first or second live delivery.  She should be more than 19 years of age.  She must have got ANC check-up at least 3 times.  She must have taken IFA tablets and TT injection. ASHA would work as a link health worker between the poor pregnant women and public sector health institution in the ten LPS. They will also get an assistance of Rs. 500 if delivered at home up to two live births and also assis- tance of up to Rs. 1500 for caesar- ean section. Yashaswini Health Insurance Scheme of Karnataka The Government of Karnataka has introduced Yashaswini Health Scheme during the year 2002-03 for the benefit of the members of agri- cultural credit societies and banks and it has been extended to the members of the “Self Help Group” unable to afford for surgeries.  It has more than 2 million members.  More than 1600 surgeries are covered under this scheme.  Insured person can claim in 150 private hospitals aligned with the scheme.  Maximum coverage pro- vided for per person per year amount to Rs. 2,00,000.  Single surgery of up to Rs. 96000 is covered.  Annual premium is Rs. 120.  The scheme also receives Government subsidies.  The scheme does not cover in patient admission without sur- geries.  Free OPD treatment is also provided. Prasoothi Araike - Care for the pregnant It covers all pregnant women belonging to BPL of all districts. The benefits and conditions of the scheme are the pregnant women have to register their names with the Junior Female Health Assistant of the area. The beneficiaries will get Rs.1000 during the second tri- mester ante natal check-up (i.e., be- tween 4th and 6th month) and Rs.1000 during the third trimester ante natal check-up (ie., between 7th and 9th month), totalling Rs.2000 paid through bearer cheque. Dur- ing every ANC check-up, the Med- Table 3- Financial Assistance under Old age pension scheme and Sandhya Suraksha Yojane. Sl no Indira Gandhi National Old Age Pension Sandhya Suraksha Yojane Demographic Criteria 1 Age>65 years Age>65 years Income Criteria 2 BPL as per criteria of Govern- ment of India (equal or less than 26 points out of 52 points criteria as fixed by Rural Development and Panchayat Raj Department). As per existing criteria pension is granted to a destitute person with little or no regular means of subsistence from his/ her own sources of income or through fi- nancial support from family members or other sources Annual Income of the husband or wife or both should not exceed Rs.20,000 as certified by the local rev- enue authority and the total value of combined deposited amount held by the pensioner and his/ her spouse should not exceed Rs.10,000. If the income is declared by beneficiary himself/ herself, the income of chil- dren will not be counted for calcula- tion of the income of the proposed social security pensioner. Residential Criteria 3 He/ She should be a resident of Karnataka for 10years or more He/ She should be a resident of Kar- nataka for 10years or more Amount of Pension 4 A sum of Rs.400 will be dis- bursed every month, equally shared by the Central and the State government. A sum of Rs.400 will be disbursed every month, with 100% contribu- tion from the State government. Type of Beneficiaries 5 BPL is the Criteria for selection of beneficiaries. Such of the persons availing widow pension, physi- cally handicapped pension, Sandhya Suraksha Yojane pen- sion or any form of pension from public/ private sources are not el- igible for this scheme. Beneficiaries are selected from among small farmers, marginal farmers, Agricultural farmers, weav- ers and unorganized workers. Such of the persons availing old age pen- sion, destitute widow pension, phys- ically handicapped pension or any form of pension from public/ private sources are not eligible for this scheme. ANNALS OF COMMUNITY HEALTH | VOL 2 | ISSUE 2 | APR - JUNE 2014 53 ical Officer of the Health Cen- tre/Hospital puts the signature, date and seal on the ANC card. This facility is extended to all preg- nant women belonging to below poverty line families. The benefit is limited to the first two deliveries. The Junior Female Health Assis- tant has to record the ANC regis- tration number along with noting whether it is first or second deliv- ery. Madilu Scheme The scheme came into opera- tional from August 15, 2007. Objectives were to bring down the maternal mortality and neona- tal mortality & Promote institu- tional deliveries among pregnant women belonging to BPL group. Beneficiaries of this scheme: Pregnant woman (BPL) who deliv- ers in Government hospitals. Limited to first two live births. Contains mosquito curtain, Me- dium sized carpet, Medium sized bed sheet, A thick blanket for mother, Bathing Soap, Washing soap, Cloth to tie abdomen of mother, Sanitary pads, Comb and coconut oil, Towel, Tooth paste and brush, bed spread over rubber sheet for the baby, Bed sheet for baby, Bathing soap for baby, Rub- ber sheet for baby, Diaper, Baby vest, Sweater, cap and socks for baby, One plastic kit bag. Thayi Bhagya Scheme It is public-private partnership in maternal health care. Here women belonging to BPL families can avail totally cashless treatment in recognized private hospitals. Under this scheme, the pregnant women belonging to BPL family can avail delivery services free of cost in the registered private hos- pitals near her house. Benefit is limited to the first two live deliver- ies. Registered hospitals will be paid Rs. 3 lakh per 100 deliveries which include normal and compli- cated deliveries. Other schemes: Monthly Social Security Pen- sion of Rs.400/- to be granted to the senior citizens under “Sandhya Suraksha” Scheme to the citizens above 60 years of age. The benefi- ciaries under this scheme will be chosen from among small and marginal farmers, labourers from unorganized sector including agri- cultural labourers, weavers, fisher- men. Bhagyalakshmi scheme which deposits Rs 10,000/- in the name of the 1st born girl child of families below poverty line (BPL) which she can draw at the age of 18yrs with interest. The benefits of the scheme are restricted to 2 girl children of a BPL family. The father, mother or guardian should have undergone terminal family planning methods and the total number of children should not exceed 3.After enrol- ment and due verification by the department, an amount of Rs. 10,000/- will be deposited with the selected financial institution in the girl child's name. Arogya Kavacha: Launched on 2nd Nov. 2008. In case of an emer- gency like ill health, accidents or fire one has to dial 108; fully equipped ambulance will arrive within 20 minutes anywhere in the city. Medical staff in the ambu- lance will provide pre hospital treatment. 500 ambulances in 29 districts. EMRI (NGO) has tied up with 610 private hospitals. PROBLEMS IN IMPLEMENTING SOCIAL SECURITY SCHEMES: 1. The scope of the scheme - Whom to and what to cover? Priority with respect to risk to be covered:  Employment injury and invalidity  Sickness and death  Maternity  Old age and survivor- ship  Unemployment 2. Financing of social security schemes 3. Administration of social se- curity scheme REFERENCES 1. Mathur J S. Preventive and Social Medicine. 1st ed. CBS Publishers. 2007; 114-122. 2. Park K. Textbook of Preventive and Social Medicine. 22nd ed. Banot Publishers. 2013: 720-722. 3. Bhaskara Rao T. Textbook of Community Medicine. 1st ed. Paras Publications. 2004; 347. 4. Patricia Justino, Social security in developing coun- tries Myth or Necessity? Evidence from India.20. 2003. 5. Kishore J. National Health Programmes of India. 10th ed. Century Publications. 2013; 513-628. 6. Ghosh R N. Manual of Preventive and Social Medi- cine. 1st ed. Vijaya Publications. 1981: 11-15. 7. Neeraja K P. Sociology for Physiotherapy students. 1st ed. Jaypee Publications. 2005; 354- 76. 8. Sridhar Rao. Principles of Community Medicine. AITBS Publishers. 3: 2002; 42. 9. Available from: URLhttp://www.mohfw.org (cited 10.03.2014) 10. Available from: URLhttp://www.labour.nic.in (cited 11.03.2014) 11. Available from: URLhttp://www.karhfw.gov.in (cited 12.03.2014) 12. Available from: URLhttp://www.ilo.org (cited 12.03.2014)
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