SOCIAL SECURITY NET OF ESIC AND EPFO TO WIDEN OPENING UP FOR ALL WORKERS AND SELF-EMPLOYED #EDUCRATSWEB

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  • Minister of State (I/C) for Labour & Employment, Shri Santosh Gangwar, while responding to the debate in the Lok Sabha, has stated today that the three Bills introduced in the House for historic labour reforms in the country, will prove to be a Game Changer in the labour welfare reforms covering more than 50 crores organized and unorganized workers in the country.  This also includes gig, platform and also opens up the doors for social security to those in the self-employment sector.  

    The 3 bills which were passed in the Lok Sabha today are (i) Industrial Relations Code, 2020 (ii) Code on Occupational Safety, Health & Working Conditions Code, 2020 & (iii) Social Security Code, 2020.  These bills are part of Government’s earnest desire to bring much needed labour welfare reforms in the country which has not been done for the last 73 years.  In the last 6 years, many multi-stakeholders consultations were held with all stakeholders i.e. Trade unions, Employers, State Governments and experts of labour sector.  This also includes holding 9 tripartite consultations, four Sub Committee meetings and 10 Regional Conferences, 10 inter-ministerial consultations and views of citizens.  

    Shri Gangwar said that under the dynamic leadership of visionary Prime Minister Shri Narendra Modi, this Government has taken number of steps to fulfill the dreams of Baba Saheb Ambedkar from 2014 onwards and gave equal importance to ‘Shramev Jayate’ and ‘Satyamev Jayate’.   Government is ceased with the problems faced by workers and for the last 6 years, My Ministry has been working tirelessly to provide social security and other welfare measures to both organised and unorganised workers including during this Covid-19 epidemic. He added that unprecedented steps were taken by Governnment under the leadership of our visionary Prime Minister, Shri Narendra Modi and launched many welfare measures such as increasing the maternity leave for our sisters from 12 weeks to 26 weeks, women were allowed to work in mines under Pradhan Mantri Protsahan Rozgar Yojana.  Formal employment was increased portability in EPFO and welfare schemes and and expansion of ESIC facilities to our fellow citizens. 

    The Minister, while replying to the issues raised by the Members of Lok Sabha, said that the Bills takes into account the holistic development of the country by keeping the labour interest uppermost in the mind. He said these are the people who have suffered mostly by having multiple laws on labour which involved procedural complexities thereby hindering implementation of various welfare and safeguard provisions.  He further said that 29 labour laws are being subsumed in the simplified, easy to understand transparent 4 labour codes. Out of the 4 labour codes, Code on Wages has already been passed by Parliament and have become the law of the land.  All the labour laws (29 in number) being amalgamated into 4 labour codes are :

     

    Name of the Code

     

    Number & name of amalgamated laws

    Wage Code

     

    4 laws –

    1. The Payment of Wages Act, 1936
    2. The Minimum Wages Act, 1948
    3. The Payment of Bonus Act, 1965
    4. The Equal Remuneration Act, 1976

    IR Code

     

    3 laws -

    1. The Trade Unions Act, 1926
    2. The Industrial Employment (Standing orders) Act, 1946
    3. The Industrial Disputes Act, 1947

    OSH Code

     

    13 laws -

    1. The Factories Act, 1948
    2. The Plantations Labour Act, 1951
    3. The Mines Act, 1952
    4. The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
    5. The Working Journalists (Fixation of Rates of Wages) Act, 1958
    6. The Motor Transport Workers Act, 1961
    7. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
    8. The Contract Labour (Regulation and Abolition) Act, 1970
    9. The Sales Promotion Employees (Conditions of Service) Act, 1976
    10. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
    11. The Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
    12. The Dock Workers (Safety, Health and Welfare) Act, 1986
    13. The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

    Social Security Code

     

    9 laws –

    1. The Employees’ Compensation Act, 1923
    2. The Employees’ State Insurance Act, 1948
    3. The Employees Provident Fund and Miscellaneous Provisions Act, 1952
    4. The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959
    5. The Maternity Benefit Act, 1961
    6. The Payment of Gratuity Act, 1972
    7. The Cine Workers Welfare Fund Act, 1981
    8. The Building and Other Construction Workers Welfare Cess Act, 1996
    9. The Unorganised Workers’ Social Security Act, 2008

    Total

     

    29

    • 12 Labour Acts already repealed since 2014

     

    Elaborating the benefits of the new labour codes,  Shri Gangwar informed the House that the entire work force of the country will now be entitled for obtaining benefits under different codes.  Minister mentioned the salient features of the 3 Codes which were passed by the Lok Sabha,

    as under :-

    (A)       Social Security Code, 2020

    Extending the reach of ESIC: Effort have been made to provide right to health security under ESIC to maximum possible workers:-

    (a)  The facility of ESIC would now be provided in all 740 districts. At present, this facility is being given in 566 districts only.

    (b) Establishments working in hazardous sectors would mandatorily be linked with ESIC, even if there is only one worker working in it.

    (c) Provision for making scheme for linking unorganised sector and Gig workers with ESIC.

    (d) Option to link workers working in Plantations is being given to Plantation owners.

    (e) Option for becoming member of ESIC is also being given to establishments with less than 10 workers.

    Extending the reach of EPFO :

    (a) EPFO’s coverage would be applicable on all establishments having 20 workers. At present, it was applicable only on establishments included in the Schedule.

     (b) Option to join EPFO is also being given to establishments having less than 20 workers.

    (c) Schemes would be formulated for bringing workers coming under the category of ‘Self-employed’ or falling under any other category under the aegis of EPFO.

    • Provision has been made to formulate various schemes for providing comprehensive social security to workers in unorganised sector. A “Social Security Fund” will be created on the financial side in order to implement these schemes.
    • Work to bring newer forms of employment created with the changing technology like “platform worker or gig worker” into the ambit of social security has been done in the Social Security Code. India is one of the few countries where this unprecedented step to bring workers in this category under social security has been taken.
    • Provision for Gratuity has been made for Fixed Term Employee and there would not be any condition for minimum service period for this. For the first time, a Fixed Term Employee working for a determined period on contract has been given the right of social security like a Regular Employee.
    • With the aim of making a national database for unorganised sector workers, registration of all these workers would be done on an online portal and this registration would be done on the basis of Self Certification through a simple procedure. It would facilitate the extension of benefits of various social security schemes to beneficiaries in the unorganised sector. We can say that we would be able to get ‘Targeted Delivery” of social security done to unorganised sector workers with the help of this database.
    • The most important thing for getting employment is the information about job vacancies. With this aim, it has been made mandatory for all establishments with 20 or more workers to report the vacancy position in their establishments. This information would be given on online portal.

    (B) Occupational Safety, Health & Working Conditions Code, 2020

    • Free health checkup once a year by the employer for workers which are more than a certain age.
    • Legal right for getting Appointment Letter given to workers for the first time.
    • Cine Workers have been designated as Audio Visual Worker, so that more and more workers get covered under the OSH code. Earlier, this security was being given to artists working in films only.

    (C)  Industrial Relations Code, 2020

    Efforts made by the Government for quickly resolving disputes of the workers :

    (a) Provision for two members instead of one member in the Industrial Tribunal. In case of absence of one member, work can still be undertaken smoothly.

    (b) Provision for taking the matter straight to the Tribunal in case the dispute is not resolved at conciliation stage. At present, the case is refered to the Tribunal by the appropriate Government.

    (c) Implementation of award in 30 days  

          after Tribunal award.

    (d) After recognition of Fixed Term Employment, workers will get the option of Fixed Term Employment instead of contract labour. Under this, they would get benefits of hours of work, salary, social security and other welfare benefits like a Regular Employee.

    (e) With the objective of better and effective participation of Trade Unions, a provision for “Negotiating Union” and “Negotiating Council” has been made for undertaking negotiation on any dispute. With conferring of this recognition, resolving disputes through dialogue would be facilitated and workers would be better able to get their rights.

    (f) Arrangement for going to the Tribunal has been made for resolving disputes arising between Trade Unions. Less time would be required for resolving their disputes.

    (g) Provision has been made for giving recognition to Trade Unions at Central and State level. This recognition has been given in the labour laws for the first time and after this recognition, Trade Unions would be able to contribute more affirmatively and more effectively at the Central and State level.

    (h) Provision for RE-Skilling fund has been made in the law for the first time. Its aim would be to re-skill those workers who have been fired from their jobs, so that they are easily able to get employment again. For this, workers would be given 15 days salary within a period of 45 days.                                                                                                         

    Shri Gangwar said we have extended the definition of migrant workers, so that migrant workers moving from one state to another on their own and migrant workers who have been appointed by the employer from a different state can also be brought under the ambit of OSH code. At present, only migrant workers who had been brought through the contractor were benefiting from these provisions. The Minister also elaborated following benefits of the Labour Codes :

    • Compulsory facility for Helpline for redressal of problems of migrant workers.
    • Making a national database of migrant workers.
    • Provision for accumulation of one day leave for every 20 days worked, when work has been done for 180 days instead of 240 days.
    • Equality for women in every sphere : Women have to be permitted to work in every sector at night, but it has to be ensured that provision for their security is made by the employer and consent of women is taken before they work at night.
    • In the event of death of a worker or injury to a worker due to an accident at his workplace, atleast 50 % share of the penalty would be given. This amount would be in addition to Employees Compensation.
    • Provision of “Social Security Fund” for 40 Crore unorganized workers alongwith GIG and platform workers and will help Universal Social Security coverage
    • Pay parity to women workers as compared to their male counterparts.
    • Occupational Safety & Health Code to also can now over cover workers from IT and Service Sector.
    • 14 days notice for Strike so that in this period amicable solution comes out.
    • Vibrant mechanism proposed for speedier disposal by Labour Tribunals as “Justice delayed is Justice denied”.
    • The Codes to Promote Harmonious Industrial Relations for higher productivity and more employment generation.
    • Labour Codes to stablish transparent, answerable and simple mechanism reducing registration requirement to just one from eight; need of licence also to just one from three four under different laws earlier.
    •  Inspector to be now made as Inspector – cum- Facilitator and introduction of Random, Web Based Inspection System to remove to Inspector Raj.
    •  Penalties increase manifold; to act as deterrent. 

    Shri Gangwar also stressed that the changes and reforms in the labour laws have been conceptualized keeping in mind the changing scenario over the years and also making them futuristic so that country marches on faster growth trajectory. With these the peaceful and harmonious industrial relations will be promoted in the country which in turn will lead to growth of industry, employment, income, balanced regional development and will bring more disposal income in the hands of workers. Shri Gangwar further pointed out  these path breaking reforms in the country will help our country to attract the Foreign Direct Investment and also domestic investment from the entrepreneurs and will end ‘inspector raj’ in the country and will bring total transparency in the system. “India will become favourite investment destination in the world” he added.  

    Sources https://pib.gov.in/PressReleseDetail.aspx?PRID=1657898

    Social Security net of ESIC and EPFO to Widen opening up for all workers and self-employed
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    39 Recruitment of Regular Job Vacancies in IRCON International 2021 #Jobs 9 Days Remaining for Apply
    IRCON International Limited, A Public Sector Undertaking under the Ministry of Railways invites online applications on prescribed format for the recruitment for the following regular Government Job vacancy posts in the disciplines of  Civil, Electrical, Finance and Legal disciplines at Ircon's various projects situated in various states across India. (Advertisement No. 07/2020). Ircon International regular job vacancy 2021 IRCON Regular Job Recruitment 2021 Vacancie ...
    40 Recruitment for Regular and Fixed Job vacancy in HIL India Limited 2021 #Jobs 16 Days Remaining for Apply
    HIL (India) Limited (Formerly known as Hindustan Insecticides Limited), a Govt. of India Enterprise, under the Department of Chemicals & Petrochemicals, Ministry of Chemicals & Fertilizers,  invites application in the prescribed format for the recruitment of following Sarkari Naukri job vacancy posts on a Regular and Fixed Tenure basis for the year 2021. HIL India Job Recruitment 2021 Vacancies     Finance Manager: 02 vacancies in E-4 cadre on a r ...
    41 MMMOCL Permanent Job Vacancy Recruitment 2021 #Jobs 19 Days Remaining for Apply
    Maha Mumbai Metro (M3) Operation Corporation Ltd. (MMMOCL) intends to appoint qualified and experienced Engineering professionals for the following 127 Government Job Vacancy posts of Permanent Job Vacancy posts on prescribed format in Maha Mumbai Metro Operation Corporation Limited. MMMOCL Permanent Job Recruitment 2021 Vacancies     Assistant Manager (P/Way): 01 vacancies     Station Manager: 03 vacancies     Chief ...
    42 Recruitment of Faculty & non-Teaching Vacancy in IIT Tirupati 2021 #Jobs 9 Days Remaining for Apply
    Indian Institute of Technology (IIT) Tirupati (Andhra Pradesh) invites online applications in the prescribed format from candidates with an established record of independent high-quality research and commitment to teaching for regular Faculty Sarkari Naukri Vacancy positions of Professor, Associate Professors, and Assistant Professor and regular non-teaching staff vacancies. (Advertisement No. IITT/FAC – RMT-01/2020 & IITTP/Staff RMT-01/2020) Government Jobs Vacancy Recruitment IIT Tirup ...
    43 Direct Recruitment Job Vacancy in National Book Trust 2021 #Jobs 25 Days Remaining for Apply
    The National Book Trust (NBT) is an apex professional body established by the Government of India, invites application in the prescribed format from eligible candidates for recruitment and filling up the following Sarkari Naukri Vacancy posts on direct recruitment basis for its head office at New Delhi and regional offices at Bengaluru, Mumbai and Kolkata (Advertisement No.Estt./43/2020). National Book Trust Regular Job Recruitment 2021 Vacancies     Assistant ...
    44 Recruitment for Medical Jobs Vacancy in AIIMS Bilaspur by PGIMER Chandigarh 2021 #Chandigarh 25 Days Remaining for Apply
    Postgraduate Institute of Medical Education & Research (PGIMER), Chandigarh invites online applications from the citizens of India for Recruitment and filling up of following various Non-Teaching Sarkari Naukri Vacancy posts of Group ‘A’, ‘B’ and ‘C’ on regular basis for different departments of All India Institute of Medical Sciences (AIIMS), Bilaspur, Himachal Pradesh. (Advertisement No. PGI/RC/019/2021/158) AIIMS Bilaspur Regular Jobs Recruitment ...
    45 Apex Bank Officer Grade Vacancy Recruitment 2021 #Bank 11 Days Remaining for Apply
    M.P. Rajya Sahakari Bank Maryadit (Apex bank - MPRSB) (M.P. State Cooperative Bank Limited) having headquartered at Bhopal (Madhya Pradesh) invites Online application in the prescribed format from Indian citizens for recruitment and appointment to the following 29 Posts of Officers Grade (Specialists) for the year 2021 in Apex Bank. Apex Bank Specialist Officer Grade Recruitment 2021 Vacancies     Apex Bank Officer Grade : 29 vacancies in SM-I/SM-II/MM-I/MM-II ...
    46 दिखाओ अपनी प्रतिभा पूरे देश को हिन्दुस्तान ओलिंपियाड के साथ #Scholorship 19 Days Remaining for Apply
    दिखाओ अपनी प्रतिभा पूरे देश को हिन्दुस्तान ओलिंपियाड के साथHindustan Olympiad Identified as one of the world’s biggest Olympiads with a legacy of ...
    47 Recruitment for Job Vacancy in National Education Society for Tribal Students 2021 #Jobs 15 Days Remaining for Apply
    National Education Society for Tribal Students (NESTS), an autonomous organisation under the Ministry of Tribal Affairs (MoTA), Government of India (GoI) invites online applications in the prescribed format from all eligible candidates for recruitment of various Government Job vacancies in Group-B and Group-C Jobs Categories on regular basis in NESTS for which the recruitment examination will be conducted through Computer Based Test/Examination. (Advertisement No. 01) NESTS Jobs Recruitmen ...
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