SOCIAL SECURITY LEGISLATIONS

According to Friedlander a programme of protection provided by society against the contingencies of modern life- 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.

 According to ILO SOCIAL SECURITY is the security that society furnishes, through appropriate organization, against certain risk to which its members are exposed. The risks are essentially contingencies against which the individual of small means cannot effectively provide by his own ability or foresight alone or even in private combination with his fellows

The various risks are:

Sickness Invalidity Maternity Employment injury Unemployment Old age Death Emergency expenses

OBJECTIVES OF SOCIAL SECURITY

The purpose of all social security measures in three fold: I. Compensation: provides for income security and is based upon the idea that during spells of risks, the individual and his family should not be subjected to a double calamity involving both destitution and loss of health, limb, life or work. II. Restoration: implies cure of the sick and the invalid, reemployment and in habilitation . III. Prevention: designed to avoid the loss of productive capacity due to sickness, unemployment or invalidity and to render the available resources which are used up by avoidable disease and idleness and thus increase the material, intellectual and moral well being of the community.

THE MAIN OBJECTIVES

To increase the productivity of industrial workers

To improve health and control sickness of industrial workers

To prevent occupational diseases and take the remedial measures To remove mental and physical hazards to prevent industrial accidents To take care of old age and the other consequences resulting there from To ensure that various legislations are implemented properly

to achieve the above objectives

THE PILLARS OF SOCIAL SECURITY

1. SOCIAL INSURANCE 2. SOCIAL ASSISTANCE

SOCIAL INSURANCE
These schemes are financed mainly through
contributions of employers, workers and other

beneficiaries.
Most are compulsorily established by the law.

Benefits are linked to contributions of insured

persons.

SOCIAL ASSISTANCE
Provide benefits for meeting the minimum
needs of the persons of small means. Financed by state funds. Benefits are changeable according to income and means of beneficiaries.

EVOLUTION AND GROWTH OF SOCIAL SECURITY IN INDIA

Evolution has been slow, sporadic and on a more or less selective basis. Only in case of fatal injuries was some relief

provided under the Fatal Accidents Act, 1855.

With coming up of ILO in 1919 emphasis was on

protecting workers against hazards of industrial

lives.

 A beginning was made ultimately in 1923 by passing of Workmens Compensation Act The next contingency engaging the attention of the state was maternity leading to Maternity Benefit Act 1929.

SOCIAL SECURITY LEGISLATIONS

Workmens Compensation Act, 1923 Employees State insurance Act, 1948 Employees Provident Fund and Miscellaneous Provisions Act, 1952 Maternity Benefit Act, 1961 Payment of Gratuity Act, 1972

THE EMPLOYEES STATE INSURANCE SCHEME, 1948

COVERAGE
Provides For health care and cash benefit payments incase of sickness , maternity and employment injury. Applicable to non-seasonal factories using power and employing 10 or more employees. The Act is being implemented area-wise, in a phase manner. The ESI scheme is operated in 728 centers

ADMINISTRATION
Administered by a statutory body called the Employees State Insurance Corp. (ESIC) Members representing employers, employees, central, and state govt. , medical profession and the

Parliament.

FUNDING AND OPERATION OF THE SCHEME

Financed by contributions from employers and employees.

Employers contribution is 4.75 % and employees

contribution is 1.75 % State govt. share the expenditure on the provision of medical care up to an extent of 12.5 % The ceiling on expenditure per insured person ,family unit has been raised to Rs. 900 per annum

HEALTH BENEFITS
Scheme provides full medical facilities , from primary health care to super specialty treatment. Medical care scheme is administered by the state govt.

 The wage sealing for coverage of employees under the ESI Act, 1948 was enhanced from Rs. 7500 to Rs.10,000 per month

The daily rate of allowance under vocational

rehabilitation scheme is enhanced from Rs. 45 to Rs.

123 per day.

THE PAYMENT OF GRATUITY ACT, 1972

OBJECTIVE
Provides for a scheme of compulsory payment of

gratuity to employees engaged in factories, mines oil

fields, plantations ,ports, railway companies, shops or other establishments.

ENTITLEMENT
Every employee , other than apprentice irrespective of his wages is entitled to receive gratuity after he has rendered continuous service for 5 years or more Payable at the time of termination of his services either i. ii. On superannuation Retirement or resignation

iii. On death or disablement due to accident or disease

 Termination of services includes retrenchment

In case of death of the employee, gratuity is payable to

nominee, and if no nomination has been made then to

his heirs

CALCULATION OF BENEFITS
For every completed year of service or part thereof in excess of 6 months, the employer pays gratuity to an employee at the rate of 15 days wages based on

the rate of wages last drawn

The amount of the gratuity payable to an employee

not to exceed (3,50,000)

ADMINISTRATION
Enforced both ,by the central and the state government. Section 3 authorizes the appropriate govt. to appoint any officer as a controlling authority for the administration of the Act. the central / state govt. also frame rules for administration of the Act

THANKS TO ALL