EMPLOYMENT ACTS

BY-
SUBMITTED TO- AKSHITA RASTOGI
Dr. Kriti Sachan (PT) TOT1603004
B.P.T 4th year
INTRODUCTION-

India is a sovereign socialist democratic republic with a federal

structure and estimated population of about 100 crores. It is enshrined
in the Constitution of India that there shall be equal opportunity for
citizens of India, and protection of their rights.

The persons with disability constitute a large percentage of our

population, and it has been felt obligatory to include certain articles to
provide for their rights to be enforced as law.
EMPLOYEE STATE INSURANCE SCHEME

The Employees’ State Insurance Scheme is an integrated measure

of Social Insurance embodied in the Employees’ State Insurance
Act and it is designed to accomplish the task of protecting
‘employees’.

The Employee State Insurance Scheme provides certain cash and

medical benefits to industrial employees in case of sickness,
maternity and employment injury.
SCOPE OF THE ESI ACT OF 1948
It involved all power using factories other than seasonal factories
where more than 10 persons were employed.

THE ESI (AMENDMENT) ACT OF 1975

• Small factories involving more than 10 persons, irrespective of
power usage.
• Shops
• Hotels and restaurants
• Cinemas and theatres
• Road motor transport establishments
• Newspaper establishments
• Private medical and educational institutions employing 20 or
more in some states.
 BENEFITS TO EMPLOYEES

MEDICAL SICKNESS MATERNITY

BENIFIT BENEFIT BENEFIT

DISABLEMENT DEPENDANT’S FUNERAL

BENEFIT BENEFIT EXPENSES

REHABILITATION
BENEFIT
MEDICAL BENEFIT
Full medical care including hospitalization, free of cost, to the
insured persons in case of sickness, employment injury and
maternity.
• Out patient care
• Supply of drugs or dressings
• Specialist services in all branches of medicine
• Pathological and radiological investigations
• Domiciliary services
• Antenatal(prenatal) and post natal services
• Immunization services
• Family planning services
• Emergency services
• Ambulance services
• Health education
• Inpatient treatment
SICKNESS BENEFIT
Periodical cash payment to an insured person in case of
sickness, if his sickness is duly certified by an Insurance
Medical Officer or Insurance Medical Practitioner.

• Payable upto a maximum period of 91 days.

• EXTENDED SICKNESS BENEFIT incase of long term sickness, an
insured person is entitled to extended sickness benefit for a
maximum period of 2 years.
• The insured person is protected from dismissal or discharge
from service by the employer during the period of sickness.
MATERNITY BENEFIT -

Payable by cash to an insured woman for :

• CONFINEMENT- 12 weeks

• MISCARRIAGE – 6 weeks

• Sickness arising out of confinement – 30 days

DISABLEMENT BENEFIT-

Cash payment and free medical treatment, in the event of

temporary or permanent disablement as a result of
employment injury.

• In case of temporary disablement 70% of wages during

the period of disablement.
• In case of total permanent disablement Life pension
worked out on the basis of loss of earning capacity
determined by the medical board.
DEPENDANT’S BENEFIT-
• In case of death, as a result of employment injury, the
dependants of an insured person are eligible for periodic
payments.

• Pension at the rate of 70% of wages is payable, shared by

dependants in a fixed ratio, on a monthly basis.

• An eligible son or daughter is entitled to dependant’s

benefit upto the age of 18; the benefit is withdrawn if the
daughter marries earlier.
FUNERAL EXPENSES-
Cash payment payable on the death of an insured person
towards the expenses on his funeral, the amount not exceeding
Rs.5000

REHABILITATION-
On a daily payment of Rs.123, the insured person and the
family members continue to get medical treatment after
permanent disablement or retirement.
 WORKMEN’S
COMPENSATION ACT 1923
DEFINITION-
The Workmen’s Compensation Act ,1923 is one
of the most important social security
legislations. It aims at providing financial
protection to workmen and their dependants in
case of accidental injury by means of
compensation by the employers.
OBJECTIVE-

The Workmen’s Compensation Act 1923, aims to provide

workmen and/or their dependants some relief in case of
accidents arising out of or in the course of employment and
causing either death or disablement of workmen.

The act imposes liability upon an employer to provide payment

to employees when they suffer from physical disabilities and
diseases during the course of employment.
SCOPE AND COVERAGE-
• The act extends to whole of India.

• The workmen whose occupation is hazardous should be included within

the scope of this act.

• It applies to workmen employed in factories, mines, plantations,

transport establishments, construction work, railways, ships, circuses
and other hazardous occupations and employments specified in Schedule
II to the act.

• The act does not apply to members of armed forces of the Union and
those workers who are insured under the Employees State Insurance Act
1948.

• The coverage of this act is also to cooks employed in hotels and

restaurants.
GENERAL PRINCIPLES-

• There must be a casual connection between the injury/accident

and the work done in the course of employment,

• The duty is of the applicant to show that it was the work and
the resulting strain which contributed to or aggravated the
injury.

• It is not necessary that the workman must be actually working

at the time of his death or that death must occur while he was
working or had just ceased to work.
 DEFINITIONS (SECTION 2)

• COMMISSIONER

• DEPENDANT

• EMPLOYER

• DISABLEMENT

• WAGES

• WORKMAN
 COMMISSIONER -
• A Commissioner means a Commissioner for Workmen’s
Compensation appointed under section 20

• The State Government may appoint any person to be a

commissioner for Workmen’s Compensation.

• Any Commissioner may, for the purpose of deciding any

matter referred to him for decision under this Act, choose one
or more persons possessing special knowledge of any matter
relevant to the matter under inquiry to assist him in holding
the inquiry.
 DEPENDANT-
Dependant means any of the following relatives of a deceased workman,
namely:

1. A widow, a minor legitimate or adopted son and unmarried

legitimate or adopted daughter, or a widowed mother.

2. If wholly dependent on the earnings of the workmen at the time of

death , a son or daughter who has attained the age of 18 years and who
is infirm.

3. And any of the following who is wholly or partly dependent on the

workmen at the time of death-
• A widower,

• A parent other than a widowed mother,

• A minor illegitimate son,

• A unmarried illegitimate daughter or a daughter legitimate or

illegitimate or adopted if married and a minor or if widowed and minor.

• A minor brother or an unmarried sister or a widowed sister if minor,

• A widowed daughter-in-law

• A minor child of pre deceased son and daughter where no parent of the
child is alive and a paternal grandparent if not the parent of the
workman is alive.
 EMPLOYER
Employer includes-

• Any person or body of persons whether incorporated or not.

• Any managing agent of an employer

• The legal representative of a deceased employer.

• A person to whom services of a workman are temporarily lent or let

on hire.
 WORKMAN
Workmen means any person who is-

• A railway servant as defined in clause 34 of section 2 of the

Railways Act , 1989 (24 of 1989), not permanently employed in
any administrative , district or sub divisional office of a railway
and not employed in any such capacity .
• A master, seaman or other member of the crew of a ship etc
• It does not include a person whose employment is of casual
nature.
• A captain or other member of the crew on an aircraft.
• A person recruited as the driver, helper, mechanic, cleaner or
in any other capacity in connection with a motor vehicle.
• A person recruited for work abroad by company.
 DISABLEMENT
Disablement means reduction in earning capacity. It may be partial and
total disablement.

1. PARTIAL DISABLEMENT
• Temporary partial disablement
• Permanent partial disablement

2. TOTAL DISABLEMENT
• Temporary total disablement
• Permanent total disablement
• TEMPORARY PARTIAL DISABLEMENT- It reduces the earning capacity of
the workmen in the employment in which he was engaged at the time
of accident.

• PERMANENT PARTIAL DISABLEMENT- It reduces, for all time , the

earning capacity of a workmen in every employment in which he was
capable of undertaking at the time.

• TOTAL DISABLEMENT- It means whether of a temporary or permanent

nature, which incapacitates a workmen for all work which he was
capable of performing at the time of accident.
 WAGES-

Wages include any privilege or benefit which is capable of being

estimated in money, other than travelling concession or a
contribution paid by the employer to the workman towards any
pension or provident fund or a sum paid to a workman to cover
any special expenses entailed to him by the nature of his
employment.
Employer’s liability to pay compensation
The following conditions must necessarily be satisfied in order to qualify
for compensation :

1. He must be a workmen within the meaning of this act.

2. Personal injury must have been caused by accident.

3. The accident must have arisen out of and in course of employment.

4. The injury caused by the accident must have resulted in the

workmen’s death or permanent total disablement or temporary
disablement.
 CALCULATION OF COMPENSATION-
1. IN CASE OF DEATH –
Amount of compensation = 50% of monthly wages x Relevant
factor/Rs. 80000 which ever is more.

2. PERMANENT TOTAL DISABLEMENT-

Amount of compensation = 60% of monthly wages x Relevant factor/
Rs.90000 which ever is more.

3. PERMANENT PARTIAL DISABLEMENT-

Amount of compensation = 60% of monthly wages x Relevant factor

4. TEMPORARY DISABLEMENT-
Amount of compensation = 25% of monthly wages.
 EMPLOYER NOT LIABLE
1. The injury does not result in the disablement for a period
exceeding 3 days

2. The injury results in death or permanent disability due to-

• The worker at the time of accident , under the influence of drink

or drugs.
• The worker wilfully disobeyed any order expressly given for
ensuring safety.
• The worker wilfully removed any safety devices which he knew
would harm.
PERSONS WITH DISABILITIES ACT 1995
LEGISLATION AS A MEANS OF ACQUIRING
EMPLOYMENT FOR PERSONS WITH DISABILITY
(PWD)
• The government supports in principle the employment of PWD.

• It introduces employers to the idea of employing PWD.

• The government recognizes need for reservation for the persons with
disability for specific occupations or posts.

However, there are some points raised against legislation, that person
with disability placed in this way might be less efficient than other
workers or that he might feel that undue attention was being focussed
on them, and that the jobs are being “doled out”, and not given on
merit.
GRADES OF DISABILITY-
• MILD- less than 40%
• MODERATE- 40% And above
• SEVERE- 75% and above
• PROFOUND- 100%

For all concessions eligibility for the certificate is only for those with
40% and above. Persons suffering from cardiopulmonary handicaps are
not eligible in reservation of jobs.
THE PERSONS WITH DISABILITIES
(PWD) BILL,1995
PURPOSE OF THE BILL

The purpose of the bill which was made law in 1996 is to fix
responsibilities on the Central and State Governments to the extent
of their resources, to provide services, create facilities, and give
support to people with disabilities in order to enable them to have
equal opportunities in participating as productive and contributing
citizens of the country to the fullest extent of their abilities.
PERSONS WITH DISABILITIES ACT ,1995
(Equal Opportunities, Protection of Rights and Full
Participation)

THE AIMS AND OBJECTIVES OF THIS ACT ARE-

• To spell out the responsibility of the state towards the prevention

of disabilities, protection of rights, provision of medical care,
education, training, employment and rehabilitations of persons
with disabilities.
• To create a barrier free environment
• To counteract any situation of abuse and exploitation of persons
• To make special provision of the integration of persons with
disabilities into the social mainstream.
MAIN PROVISIONS OF THE ACT-

1. PREVENTION AND EARLY DETECTION OF DISABILITY

2. EDUCATION
3. EMPLOYMENT
4. NON – DISCRIMINATION
5. RESEARCH AND MANPOWER DEVELOPMENT
6. AFFIRMATIVE ACTION
7. SOCIAL SECURITY
PREVENTION AND EARLY DETECTION OF DISABILITY-

1. Undertake surveys, investigations and research concerning the

cause of occurrence of disabilities
2. Promote various methods of preventing disabilities
3. Provide facilities for training to the staff at primary health care
centre.
4. Take measures for pre natal and post natal care of mother and
child.
5. Educate the public through the pre schools, schools, primary health
centres, village level workers and anganwadi workers,
6. Create awareness amongst the masses through television, radio and
other mass media on the causes.
EDUCATION-
1. Promoting the integration of students with disabilities in normal
schools.
2. Promoting setting up of special schools in government and private
sector.
3. Conducting part time classes in respect of children with disabilities
who having completed education upto class fifth and could not
continue their studies on a whole time basis.
4. Conducting special part time classes for providing functional literacy
for children in age group sixteen and above.
5. Imparting education through open schools and universities.
6. Conducting class and discussions through interactive, electronic and
other media.
7. Providing every child with disability free of cost special books and
equipment needed for his education.
EMPLOYMENT-

1. The appropriate governments to identify posts in government

establishments, which can be reserved for disabled persons and review
the list of posts at periodic interval (not exceedingly 3 years.)

2. At least 3 % of vacancies in every government establishment are to be

reserved for persons with disabilities. Out of which 1% each shall be
reserved for persons suffering from blindness or low vision and other
2% for persons with hearing impairment. But the central government
may exempt any establishment from the above requirements if the
nature of work in such establishments is such that disabled persons are
unable to work in such establishments.
NON-DISCRIMINATION-
1. Adapt rail compartments, buses, vessels and aircrafts in such a way
as to permit easy access to such persons.
2. Engrave the surface of the zebra crossing for the blind or persons
with low vision.
3. Devise appropriate symbols of disability.
4. Provide warning signals at appropriate places
5. Provide ramps in public buildings
6. Provide braille symbols and auditory signals in elevators or lifts.
7. Provide ramps in hospitals, primary health centers and other medical
care and rehab institutions.
RESEARCH AND MANPOWER DEVELOPMENT-

1. Research in the following areas shall be sponsored and

promoted:
Prevention of disability
Development of assistive devices
Job identification
On site modifications on offices and factories.

2. Financial assistance shall be made available to the universities,

other institutions of higher learning, professional bodies and non
government research units.
AFFIRMATIVE ACTION-
Special schemes are to be notified for the preferential allotment of
land at confessional rates for:
- Housing
- Setting up business
- Setting up special recreational centers
- Establishment of special schools
- Establishment of research centers
- Establishments of factories by entrepreneurs with disabilities
SOCIAL SECURITY-

1. Financial assistance to non-government organisations for rehabilitation

of persons with disabilities.

2. Insurance coverage for the benefit of the government employees with

disabilities.

3. Unemployment allowance to people with disability registered with the

special employment exchange for more than a year and who could not
be placed in any gainful occupation.
Comprehensive schemes are to be prepared by
the government for-
1. Transport facilities to the children with disabilities or in the
alternative financial incentives to parents or guardians to enable their
children with disabilities to attend schools.
2. The removal of architectural barriers from schools, colleges or other
institution, imparting vocational and professional training.
3. The supply of books, uniforms and other materials to children with
disabilities attending school.
4. The grant of scholarship to students with disabilities.
5. Suitable modification in the examination system to eliminate purely
mathematical questions for the benefit of blind students and students
with low vision.
THANKYOU !!!