Employee State Insurance Act 1948

(1)The Employees State Insurance Act, 1948
The question of introducing a Health Insurance Scheme in India has been initiated in 1929 by the Royal Commission of Labour. This was the first social security legislation of the country after independence. It was completed in the year 1944 after submission of Professor Adarkar’s Report. The E.S.I. Act, 1948 applies to the factories involved in the manufacturing process and employing 10 or persons and non power using shops, factories, hotels, and restaurants, pre-view theatres, cinema, motor transport undertakings and news paper establishments employing 20 or more persons .The employees of establishments and factories drawing wages up to Rs. 7,500/-per month. Medical care services under ESI Scheme

The benefits under the new scheme include: (1) Superannuation Pension (2) Early Pension (3) Permanent Total Disablement Pension (4) Widow / Widower’s Pension (5) Children or Orphan Pension (6) Nominee Pension/Dependant Parent Pension.

The Workmen’s Compensation Act, 1923

The main objective of the Act is to impose an obligation upon the employers to pay compensation to workers for accidents arising out of and in the course of employment. The Act exempts the employees covered under Employees State Insurance Act, as disablement and dependant’s benefits are available under that Act and also members serving in Armed Forces.
The Maternity Benefit Act, 1961

The Act prohibits working of the pregnant women for a specified period before and after delivery. It also provides for maternity leave and payment of monitory benefits for women workers during the period when they are out of employment due to pregnancy. The services of women worker cannot be terminated during this period in her absence except in case of gross misconduct. The maximum period for maternity benefit is fixed as 12 weeks, six weeks before delivery and 6 weeks immediately after

The Act covers all workers employed in the factory premises, directly or through agency including contractor, with or without knowledge of principal employer.

SOCIAL SECURITY IN UNORGANIZED SECTOR

The unorganized sector workers are those who have not been able to pursue their common interests due to constraints like casual nature of employment, invariably absence of definite employer-employee relationship, ignorance, illiteracy, etc. They are generally low paid and outside the purview of any type of social security. The government has enacted certain legislations for the protection of these workers.

Minimum Wages Act, 1948

This Act primarily aims at safeguarding the interests of the workers engaged in unorganized sector who are vulnerable to the exploitation due to illiteracy and lack of bargaining power. The Act binds employers to pay the minimum wages to the workers as fixed under the statute by the state and central governments from time to time under their respective jurisdictions. This Act does not discriminate between male and female workers. The case of The Workmen v. Reptakose Brett and Co. Ltd Reptakos and Co , by Supreme Court is another