Comparing Indian Workers' Social Security To International Labour Standards
The provision of Social Security to employees guarantees that they are
shielded from all risks and get additional benefits in addition to their pay and
compensation. It is a human right that gives employees access to social welfare
benefits and help for those who are unable to work due to any form of illness,
disability, etc. The right to maternity leaves, retirement benefits, and other
additional benefits are also granted to employees. Social security is intended
to help employees, raise their standards of living, and assure their welfare and
The Code on Social Security, 2020 in India now governs workers' social security.
The Social Security Code, which is comprised of several social security-related
legislation, is the result of the code. Regarding international labour
standards, the International Labour Organisation (ILO) has produced a number of
conventions and recommendations that outline best practises for worker social
security that are implemented all over the world and seek to establish a global
standard for it.
For instance, the Social Security (Minimum Standards) Convention, 1952 (No. 102)
(hereinafter referred to as Convention No. 102) established a minimum standard
of benefits that must be offered to all workers and was divided into nine
categories, including medical care, sickness, unemployment, old age, work
injury, family, maternity, invalidity, and survivors' benefits. Other
significant treaties pertaining to social security include the Social Protection
Floors Recommendation, 2012 (No. 202), the Maintenance of Social Security Rights
Convention, 1982 (No. 157), and others.
International Standards And Practices Followed In India
Medical Care Benefits
Every member who is subject to Convention No. 102 has the right to receive
benefits for medical care, including expectant mothers and individuals with
disabilities, according to the medical care requirements in Part II of the
convention. The provisions of the aforementioned Convention also cover general
practitioner treatment, hospitalization, the provision of drugs, etc. in the
event of morbid illnesses, as well as prenatal and postnatal care throughout
pregnancy. According to Section 39 of the Indian Social Security Code, an
insured person or a member of his family is entitled to the same care if they
require it. Furthermore, such a benefit might be given in the form of medical
treatment in any hospital, clinic, or recipient's house.
The workers are entitled to periodic payment of their earnings, which must be at
least 45 percent of the reference wages, under the terms of Part III of
Convention No. 102, which addresses illness benefits. Any insured individual in
India is entitled to periodic payment in the event of sickness, according to
Section 32 of the Code, and he confirms this by presenting a medical certificate
that is legally signed by the treating physician. Funeral expenditures are also
covered under the section's sub clause g, which stipulates that they should be
paid to the insured person's oldest relative or to anybody else who has incurred
It is stipulated in Part IV of Convention No. 102,which provides that an
individual may get employment benefits if they are unable to find stable job
while having the necessary skills for employment. Although there is no formal
law in India that guarantees unemployment payments, Section 2(78) of the Code
defines social security and lists unemployment as one of the categories.
Part V of Convention No. 102 specifies that employees shall receive old-age
benefits and establishes a retirement age of no more than 65 years of age or
higher. According to Section 2(70) of the Code of India, retirement is defined
as the employee ending their employment after attaining the legal retirement
age. In addition to this, other laws also provide provision for it. The
Employees' Provident Fund & Miscellaneous Provisions Act, 1952, for instance,
stipulates perks that a retiree may use, such as pensions or other benefits.
Employment Injury Benefits
It is offered by Part VI of Convention No. 102, which gives benefits and medical
attention to a person who was hurt at work. Additionally, it allows for monthly
payment of at least 50% of the equivalent remuneration in the event that it has
resulted in inability to work. It includes a morbid condition, an inability to
work, and a loss of benefits incurred by a widow or her kid when the family's
primary provider passes away as a result of an accident sustained at work.
An obligatory insurance programme is established in India by the Employees'
State Insurance Act, 1948, which covers sickness benefits, maternity benefits,
disability benefits, medical benefits, etc. The legislation applies to all
states and regulates factories and other enterprises with ten or more employees.
Invalidity And Survivors Benefit
The same is covered by Parts IX and X, respectively, of Convention No. 102.
While workers who are permanently unable to work or engage in productive labor
are given benefits for invalidity. Survivors' Benefits are offered to people who
have lost the family's primary provider, such as the widow and her children. The
Employees State Insurance Act and the Employees' Provident Fund and
Miscellaneous Provisions Act over see the same in India.
As we could see, India has adopted a large number of the clauses and tenets of
the many agreements and recommendations pertaining to the social security of
employees made by the International Labour Organization. The Employees State
Insurance Act, the Maternity Benefit Act, and other laws and regulations
in India, such as the Code on Social Security, might all be used to
demonstrate the same.
However, there are still numerous flaws in Indian labor laws, such as the fact
that the majority of unorganized sector workers are unable to take use of these
advantages and that workers are not aware of their rights. Therefore, there is
still more work to be done to tighten our labor rules, but it is possible to do
so with careful application of the existing laws and employee education.
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