EPFO BOOSTER 2023 - Part 2 - 18110928
EPFO BOOSTER 2023 - Part 2 - 18110928
EPFO BOOSTER 2023 - Part 2 - 18110928
1
OneClass.in (MISSIONCAPFHUB)
EPFO BOOSTER Part-2
INDEX
Sr. No. Topic Pg. No.
4. Insurance. 79
Important Terms:
Golden Handshake:
A golden handshake is a clause in an executive employment contract that provides the executive with a
significant severance package in the case that the executive loses their job through firing, restructuring,
or even scheduled retirement. This can be in the form of cash, equity, and other benefits, and is often
accompanied by an accelerated vesting of stock options. Golden handshake is similar to, but more generous
than a golden parachute because it not only provides monetary compensation and/or stock options at the
termination of employment, but also includes the same severance packages executives would get at
retirement.
Golden Handcuffs:
Golden handcuffs refers to financial allurements and benefits that have the objective to encourage highly
compensated employees to remain within a company or organization instead of moving from company to
company (or organization to organization) (opposite of a golden parachute). Golden handcuffs come in
different forms, such as employee stock options or restricted stock, which endow only when the employee
has been with the company or organization for a certain number of years, and contractual agreements,
consisting of bonuses or other forms of benefits which must be repaid to the company if the employee leaves
before the date agreed on. Golden handcuffs are frequently used for jobs that require rare and specialised
skills or in a "tight labour market", where jobs are more common than workers.
Glass ceiling:
A glass ceiling is a metaphor usually applied to women, used to represent an invisible barrier that
prevents a given demographic from rising beyond a certain level in a hierarchy. No matter how
invisible the glass ceiling is expressed, it is actually a difficult obstacle to overcome. The metaphor was first
used by feminists in reference to barriers in the careers of high-achieving women. It was coined by
Marilyn Loden during a speech in 1978.
Yellow-dog contract:
A yellow-dog contract (a yellow-dog clause of a contract, also known as an ironclad oath) is an agreement
between an employer and an employee in which the employee agrees, as a condition of employment, not
to be a member of a labour union. In the United States, such contracts were used by employers to prevent
the formation of unions, most often by permitting employers to take legal action against union organizers. In
1932, yellow-dog contracts were outlawed in the United States under the Norris-LaGuardia Act.
De-jobbing:
Means reducing the number of jobs in the organization through the combined processes of increasing
functional flexibility, delayering the hierarchy, and downsizing the workforce.
Trade unionism:
It is system, methods, or practice of trade or labour unions or trade unions collectively.
1) Class struggle theory of Karl Marx: It traced the origin of trade unionism to the growth of industrial
capitalism. Trade union is an instrument for destroying capitalist class. According to Karl Marx,
trade union is an organizing centre. Trade union is necessary to bring about revolutionary and
fundamental changes in social class order.
3) Cole’s theory of Industrial Unionism & control of industry: Cole’s views are given in his book
“World of Labour” 1913. His views are somewhere in between Webb and Marx. He agrees that
unionism is class struggle and the ultimate is the control of industry by labour and not revolution
as predicted by Marx.
4) Mitchell’s Economic Protection Theory of Trade Unionism: Mitchell, a labour leader, completely
rejected individual bargaining. According to him unions afford economic protection to.
9) Perlman’s Theory of Scarcity Consciousness: Workers are conscious of the existence of scarcity of
opportunity, and they have evolved institutions to hedge and distribute opportunities among members.
He rejected the idea of class consciousness as an explanation for the origin of the trade union
movement but substituted it with what he called job consciousness.
10) Mahatma Gandhi’s Sarvodaya Theory – It is based on Sarvodaya principles of Truth, Non-violence
and Trusteeship. According to him capital & labour should supplement each other.
1. Business Unions (Bread and Butter union): These are trade conscious rather than class conscious. They
accept the existing economic system and aim at bringing about improvement in the wages and working
conditions of their members.
2. Revolutionary Unions: These are class conscious. Their aim is to overthrow capitalistic system and install
socialistic system.
3. Predatory unions: Unions of this kind do not subscribe to any ideology. Such unions are characterized by
their ruthless pursuit of immediate ends. Their methods include collective bargaining, secret bribery and
violence.
4. Friendly or Uplift Unions: These unions mainly aim at improving the intellectual, moral and social life of
their members. They are idealistic in nature. Since they are law-abiding, they believe in the institution of
collective bargaining and also setting up of cooperative enterprises, mutual insurance, profit-sharing, etc.
5. Dependent Unions: A depend union is parasitic in nature relying upon the support of the employers or
other labour groups.
a) Company Union: This type of union totally depends on the employer for its support and does not
really represent the interest of the workers in so far as it is not opposed to the interest of the management.
b) Union label Union: These types of union depend upon the union label being imprinted on the products
made by the union members.
Trade unions can be classified into following categories on basis of membership structure:
2) Industrial unions- (Vertical union) An industrial union is organised on the basis of an industry rather than
a craft.
3) General unions- A General union is one whose membership covers workers employed in different
industries and crafts.
1st Factory commission, 1875: During Lord Ripon's time, the first Factories Act was accepted in
1881. Following this act, a Factory Commission was appointed in 1885. Arbuthnott was the president
of the First Factory Commission.
1st Factories act, 1881: This act mainly aim to improve the working conditions of labour such as
regulation of working hours. The act prohibited employment of children under the age 7. This act is
applicable only to factories using mechanical powers, employing not less than 100 workers. Children
between the ages 7-12 were to work for maximum 9 hours.
Narayan Meghaji Lokhande (1848–1897) established Bombay Mills Hands Association in 1890 to
fight for worker's rights (1st leader to organised labour union in India). He is acclaimed as the Father
of the Trade Union Movement in India (first leader to organize labour movement in India)
Mahatma Gandhi along with Ansuyaben Sarabhai and Shankerlal Banker founded the Ahmadabad
textile labour association in 1918.
1st organised trade union: Madras Labour Union (1918) - established by B. P. Wadia.
Establishment of International Labour Organization (ILO) by the 1919 Peace Conference that
followed World War I. A branch of ILO was established In India and a regular conference of I.L.O. was
started in India.
All India Trade Union Congress (AITUC) – Set up in 1920. Founded by Lala Lajpat Rai, Joseph
Baptista, N.M Joshi and Diwan Chaman Lal. Lajpat Rai was first president of AITUC. The All India
Trade Union Congress (AITUC) is the oldest trade union federation in India.
British government established the Royal Commission on Labour in 1929. It was chaired by John
Henry Whitely.Reports of this commission laid down way for a series of labour legislations from 1932
to 1937 including Payment of Wages Act, 1936, Trade Disputes (Amendment) Act 1938.
The unions which separated themselves from AITUC, formed their own all India body - All India
Trade Union Federation.
In 1931, a new All India Trade Union - All India Red Trade Union Congress came into being.
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In 1934, a grand session of Indian Trade Union Congress took place. This session was presided over
by Pandit Harinath Shastri. In this session, an agreement was reached between All India Red Trade
Union Congress and Trade Union Congress. All India Red Trade Union Congress was abolished.
Subsequently in 1938, Trade Union Federation was also merged in All India National Trade Union
Congress.
In 1941, Indian Trade Union Labour Federation” came into existence led by M.N. Roy.
Indian Labour Conference: The first meeting of the Indian Labour Conference (then called Tripartite
National Labour Conference) was held in 1942 and so far a total of 46 Sessions have been held. ILC
also known as the ‘labour parliament’ of the country formed on the lines of International Labour
Conference is the apex level tripartite (Government, Employers and Workers) consultative committee in
the Ministry of Labour & Employment. International Labour Conference also known as
International Parliament of Labour is a conference organized by ILO every year.
Industrial Employment Act, 1946 and Bombay Industrial Relations Act, 1946.
In 1947, Indian National Trade Union Congress was established under aegis of ‘Gulzarilal Nanda
and Sardar Patel.’
Hind Mazdoor Sabha (Praja Socialist Party): It was founded in west Bengal in 1948. Its founders
included Basawan Singh (Sinha), Ashok Mehta, R.S. Ruikar, Mani Benkara, Shibnath Benerajee,
R.K. Khedgikar, T.S. Ramanujam, VS. Mathur, G.G. Mehta.
In 1949, United Trade Union Congress (UTUC) headed by Professor K.T. Shah came into existence.
In 1955, Bhartiya Mazdoor Sangh was established under aegis of Rashtriya Swayamsevak Sangh
(RSS).
1st National Commission on Labour (1966) under the Chairmanship of Justice P.B. Gajendragadkar.
It recommended to set up working committee in any unit which has a recognized union.
2nd National Commission on Labour in (1999) under the chairmanship of Ravindra Verma.
It recommended that the existing Labour Laws should be broadly grouped into 4 or 5 Labour Codes
on functional basis by simplifying, amalgamating and rationalizing the relevant provisions of the
existing about 44 Central Labour Laws.
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Wage Board for Working Journalists 2009: G.R. Majithia
United Nation’s Universal Declaration of Human Rights (UDHR) & Labour provisions:
There are total 30 articles, of which Articles 22–27 sanction an individual's economic, social and
cultural rights, including healthcare.
Article 22:
Everyone, as a member of society, has the right to social security and is entitled to realization, through
national effort and international co-operation and in accordance with the organization and resources
of each State, of the economic, social and cultural rights indispensable for his dignity and the free
development of his personality.
Article 23:
Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and
to protection against unemployment.
Everyone, without any discrimination, has the right to equal pay for equal work.
Everyone who works has the right to just and favourable remuneration ensuring for himself and his family
an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
Everyone has the right to form and to join trade unions for the protection of his interests.
Article 24:
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic
holidays with pay.
Article 25:
Everyone has the right to a standard of living adequate for the health and well-being of himself and of his
family, including food, clothing, housing and medical care and necessary social services, and the right to
security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood
in circumstances beyond his control.
Article 16:
Equality of opportunity in matters of public employment
16(1) There shall be equality of opportunity for all citizens in matters relating to employment or
appointment to any office under the State
Article 19 (1) (c): All citizens shall have right to form associations/unions/cooperative societies.
The Trade Union Act, 1926 works through this Article of the Constitution. It allows workers to form trade
unions.
Article 19 (1) (g): All citizen shall have right to practice any profession/carry any occupation, trade, or
business.
Article 23:
Prohibition of traffic in human beings and beggar & other forms of forced labour.
In current times, forced or bonded labour is an offense which is punishable under the law. The Bonded
Labour (Abolition) Act, 1976 prohibits all kinds of bonded labour and is declared illegal.
In People's Union for Democratic Rights vs. Union of India 1983, it was held that labour or services for a
remuneration less than a minimum wage amounts to "forced labour".
23(2) – State can impose compulsory service for public purpose.
Article 24:
No child below the age of 14 years shall be employed to work in any factory/mine or engaged in any other
hazardous employment.
DPSPs:
Article 38: State to minimise inequalities in income, status, facilities and opportunities. This was added
by 44th amendment act, 1976.
Article 39: To secure opportunities for healthy development of children. This was added by 42nd amendment
act, 1976.
Article 39 (a): State shall secure right to an adequate means of livelihood.
Article 39 (d): The State shall, in particular, direct its policy towards securing; that there is equal pay for
equal work for both men and women.
Article 39A: To Promote equal justice and to provide free legal aid to the poor. This was added by 42nd
amendment act, 1976.
Article 41: To secure right to work, to education & to public assistance in case of unemployment, old age,
sickness & disablement.
Article 42: State shall make provisions for just & humane conditions for work & maternity relief.
Article 43: State shall endeavour -1) To secure work, living wage, decent standard of living, full enjoyment
of leisure & social & cultural opportunities to all workers. 2) To promote cottage industries on an individual
or cooperative basis in rural areas.
Article 43A: State shall secure participation of workers in management of industries. This was added by
42nd amendment act, 1976.
Concurrent List:
Entry No. 22 Trade unions, industrial and labour disputes
Entry No. 23 Social security and insurance, employment and unemployment
Entry No. 24: Welfare of labour including conditions of work, provident funds, employers "invalidity and
old age pension and maternity.
State List:
Entry 9 - Relief of the disabled and unemployable.
1. Policing Theory:
According to this theory, the factory and other industrial workplaces provide many opportunities for owners
as well as managers to exploit workers in an unfair manner. This is done by making the labour work for
very long hours, by paying unfair wages, by not keeping the workplace hygienic, by ignoring safety and
health provisions like drinking water, canteens, restrooms etc.
The welfare state, therefore, has to prevent this exploitation and to do so, it assumes the role of a policeman,
and makes it mandatory for the managers of industrial establishments to provide welfare facilities, and also
punishes the non-complier.
2. Philanthropic Theory:
Philanthropy refers to affection for mankind. This theory of labour welfare refers to the provision of good
working conditions, crèches, canteens and drinking water facilities etc., so as to remove the disabilities of
the workers.
Employers having concern for their workers may undertake such labour welfare measures for the benefit of
workers.
3. Religion Theory:
The Religion theory consists of two aspects, namely, Investment and Atonement.
4. Placating Theory:
The Placating theory is based on the assumption that appeasement pays when the workers are organised
and are militant.
Workers’ demand for higher wages and better working conditions cannot be left unattended. Therefore,
some welfare measures need to be taken so as to bring peace.
5. Trusteeship Theory:
The Trusteeship Theory is also called the Paternalistic Theory of labour welfare. According to this theory,
the employer or the industrialist holds the total industrial estate, properties and the profits accruing from
them, in trust. Workers are also not able to take care of themselves for reasons such as lack of education,
low wages etc.
The employers should, therefore, provide for the well-being of the workers out of the funds that are in their
control.
6. Functional Theory:
The Functional Theory is also called the Efficiency Theory of labour welfare. It states that welfare
facilities are provided so as to make the workers more efficient. The workers will work efficiently if they
are treated kindly if they are provided with clean and safe working conditions, good canteens etc.
9. Social Theory:
The Social Theory of labour welfare states that along with improving the condition of its employees an
industrial establishment is also morally bound to improve the conditions of the society.
Employees State Insurance Scheme (ESIC): ESIC scheme was inaugurated in Kanpur on 24th February
1952 (ESIC Day) by then Prime Minister Pandit Jawahar Lal Nehru.
It is one of the two main statutory social security bodies under the ownership of Ministry of Labour and
Employment, Government of India, the other being the Employees' Provident Fund Organisation. The
fund is managed by the Employees' State Insurance Corporation (ESIC) according to rules and
regulations stipulated in the ESI Act 1948.
In March 1943, Prof. B.P.Adarkar was appointed by the Government of India to create a report on the
health insurance scheme for industrial workers. The report became the basis for the Employment State
Insurance (ESI) Act of 1948.
Founded: 24 February 1952, Headquarters: New Delhi
The ESI Scheme applies to factories and other establishment's viz. Road Transport, Hotels, Restaurants,
Cinemas, Newspaper, Shops, and Educational/Medical Institutions wherein 10 or more persons are
employed. However, in some States threshold limit for coverage of establishments is still 20.
The ESI Scheme is financed by contributions from employers and employees. The rate of contribution by
employer is 4.75% of the wages payable to employees. The employees' contribution is at the rate of 1.75%
of the wages payable to an employee. Employees, earning less than Rs. 137/- a day as daily wages, are
exempted from payment of their share of contribution.
SAMADHAN Portal (Software Application for Monitoring And Disposal, Handling of Industrial
Disputes/Claims/General Complaints): It is a digital initiative of the Ministry of Labour and
Employment to make the life of workmen, management, trade union and other stakeholders smooth by
making the system more user-friendly, transparent & efficient though online documentation, centralized
monitoring & reducing disposal time by giving them a single online platform for raising their grievances.
DigiSaksham: National Career Service (NCS) Portal now offers “DigiSaksham” Microsoft I MoLE
Training by Microsoft free of cost for its registered Jobseekers on digital skills, with a focus on rural and
socially disadvantaged youth.
Definition of Industry:
Industry means any systematic activity carried on by cooperation between an employer and for
production, supply or distribution of goods/services with a view to satisfy human wants/wishes whether
or not:
Any capital has invested for purpose of carrying on such activity. Such activity is carried on with motive
to make any gain or profit but does not include:
Institutions owned/managed by organization wholly/substantially engaged in any charitable, social
or philanthropic service.
Any activity of appropriate government relatable to sovereign functions of appropriate
government including all activities carried on by departments of central government dealing with
defense, research, atomic energy & space, any domestic service.
Any activity notified by central government.
Definition of Worker:
Worker means any person except an apprentice employed in any industry to do any manual, unskilled,
skilled, technical, operational, clerical or supervisory work for hire or reward, whether terms of
employment be express or implied and includes working journalists and includes any such person who
has been dismissed, discharged or retrenched or retrenchment has led to that dispute. Or whose
dismissal, discharge or retrenchment has led to dispute, but does not include any such persons:
Who is subject to Air force act 1950/Army act 1950/Navy Act 1957.
Who is employed in police service or as an officer or other employee of a prison or
Who is employed mainly in managerial or administrative capacity.
Who is employed in supervisory capacity drawing wage of exceeding Rs. 18000/month or amount as
may be notified by central government.
Definition of wages:
Includes-Basic Pay, dearness allowance & retaining allowance
Excludes-statutory bonus, value of house accommodation & utilities, employer contribution to provident
fund/pension, conveyance allowance/travelling concession, house rent, allowance, remuneration,
overtime allowance, commission, gratuity, retrenchment, compensation.
Quantum of exclusion- The specified exclusions, however may not exceed 50% of all renumeration and
in event of exceeding, such excess amount shall be deemed as renumeration and will be considered as
wage.
Inspector cum Facilitator: Not just inspecting authority (as in erstwhile acts) but also facilitator toward
compliance.
Advisory boards:
Central Advisory Board – Employees, Employers(equal in numbers as of employees), Independent
persons (not exceeding 1/3rd of total), 5 representative of state government.
The Central Advisory Board shall consist of persons to be nominated by the Central Government
representing employers and employees in the scheduled employments who shall be equal in number and
independent persons not exceeding one-third of its total number of members; one of such independent
persons shall be appointed the Chairman of the Board by the Central Government.
It is mandatory for any establishment to report vacancy to career centres before filling up the vacancy.
However, there is no obligation on employer to recruit through career centre.
Maternity Benefits:
Women shall not work in any establishment during 6 weeks immediately following day of delivery,
miscarriage or medical termination of pregnancy.
Leave: Maximum 26 weeks of which not more than 8 weeks shall precede the expected day of delivery.
Women shall be entitled to payment of maternity benefit at rate of average daily wage.
Medical bonus of 3500/- or such amount as notified by central government from the employer if no pre-
natal confinement or post-natal care is provided by employer.
2 breaks (for duration as notified by central government) till child attains age of 15 months,
Establishment with 50 or more employees, shall have creche facility.
Woman who has actually worked in establishment for not less than 80 days in 12 month immediately
preceding date of expected delivery can claim maternity benefit.
Punishment- Imprisonment up to 6 months or/and fine up to 50000/-.
Definition of Factory 1. 10 workers, if the work is carried 1. 20 workers for premises where
out using power, or the work is carried out using power,
2. 20 workers, if it is carried out and
without using power. (The 2. 40 workers for premises where it
Factories Act, 1948) is carried out without using power.
Hazardous Industry Factories Act covered only the All establishments where any
hazardous industries where any hazardous activity is carried out
business, trade, or occupation is irrespective of the number of
carried out with 10 or more workers
workers. (The Factories Act, 1948)
Contract workers The government may prohibit New Code prohibits contract labour
employment of contract labour in in core activities, except where: (i)
some cases including where: (i) the the normal functioning of the
work is of a perennial nature, or (ii) establishment is such that the
the work performed by contract activity is ordinarily done through
workers is necessary for the contractor, (ii) the activities are
business carried out by the such that they do not require full
establishment, or (iii) the same time workers for the major portion
work is carried out by regular of the day, or (iii) there is a sudden
workmen in the establishment. increase in the volume work in the
core activity which needs to be
completed in a specified time
Rights of Employees No such provision Every employee shall have right to
obtain from employer information
related to employee’s health &
safety and report to Safety
Committee also.
Work Hour Maximum limit at 9 hours per day. Maximum limit at 8 hours per day.
Other provisions:
This code does not apply to offices of central government, state government and any ship of war or any
nationality but it applies to contract labour employed through contractor in offices where central/state
government are principal employer.
Establishments covered by the Code are required to register within 60 days (of the commencement of
the Code) electronically to the registering officers, appointed by the Central/state government.
It introduces concept of core activity of an establishment as opposed to non-core activities such as
sanitation, security, running canteens, hospitals, clubs, guest house, housekeeping, etc.
District Magistrate shall be Inspector-cum-facilitator when mines are concerned.
Worker shall be entitled to encashment of leave at the end of a calendar year if he requests the same.
Where the total quantum of leave exceeds 30 days, a worker shall be entitled to encash such excess
leave.
Legal Status of a Registered Trade Union Incorporation of Registered Trade Union Section 13 of the
Act. It shall - Body corporate by the name under which it is registered.
Have perpetual succession and a common seal.
Power to contract and hold and acquire any movable and immovable property.
By the said name can sue and be sued.
Criminal conspiracy in Trade Disputes: Section 17 of the Act states that no member of a trade union
can be held liable for criminal conspiracy regarding any agreement made between the members of the
union in order to promote lawful interests of the trade union.
Immunity from civil suits in certain cases: Section 18 of the Act immunes the members of trade union
from civil or tortious liabilities arising out of any act done in furtherance or contemplation of any trade
disputes.
Appointment of Office Bearers: At least 50% of the office bearers of a union should be actually
engaged or employed in the industry with which the trade union is concerned, and the remaining 50%
or less can be outsiders such as Lawyers, politicians, social workers etc.
To be appointed as an office bearer or executive of a registered trade union, a person must have:
a) attained the age of 18 years; and b) not been convicted of any moral turpitude and sentenced to
imprisonment, or a period of at least 5 years has elapsed since his/her release.
Change of Name & Registered Office:
A registered trade union may change its name with the consent of at least 2/3rds of the total numbers of
its members.
Notice of change of name in writing, signed by the secretary and 7 members of the union, should be sent
to the registrar.
Change of Registered Office Notice of change in registered office address should be given to the
Registrar in writing within 14 days of such change.
Amalgamation of Trade Unions: Any registered trade union may amalgamate with any other union(s), provided
that-
a) At least 50% of the members of each such union record their votes and
b) At least 60% of the votes so recorded are in favour of amalgamation.
Dissolution of a Trade Union: A registered trade union can be dissolved in accordance with the rules of
the union. A notice of dissolution signed by any seven members and the secretary of the union should be
sent to the registrar within 14 days of the dissolution. [The funds of the union shall be divided by the
Registrar amongst dissolved Union’s members in the manner prescribed under the rules of the union or
as laid down by the government.]
The following Act, namely – (a) The Societies Registration At, 1863. (b) The co-operative Societies Act,
1912. And (c) The Company Act shall not apply to any registered Trade Union, had the registration
of any such Trade Union under any such Act shall be void.
Applicability: The Act applies to the industrial establishments (within India) with an engagement of
more than 100 workmen at present or as noted on any day in the preceding year unless provided by the
appropriate Government for application to any such industrial establishment – with less than a hundred
employees.
Certification of Standing Orders: It is mandatory for every employer covered under the Industrial
Employment (Standing Orders) Act to get standing orders certified by submitting five draft copies of the
standing orders to the certifying officer such as labour commissioner or a regional labour commissioner
and also includes any other officer appointed to perform the functions of certifying officer.
Certification Process:
1) Certifying Officer Send a copy of the Draft Standing Order to the workmen or trade union, along with
a notice calling for objections that shall be submitted within 15 days of receiving such notice.
2) Upon receipt of such objections, the employer and workmen to be given an opportunity of being
heard, after which the Certifying Officer shall decide and pass an order for modification of the Standing
Order. 3)Finally, the Certifying Officer shall certify such Standing Order, and thereby, within 7 days,
send a copy of it annexed with his order for modification passed under Section.
Appeals: Any related party aggrieved by the order of the Certifying Officer may appeal to the ‘appellate
authority’ within 30 days, provided that its decision, of confirming such Standing Order or amending it,
shall be final. The appellate authority shall thereafter send copies of the Standing Order, if amended, to
the related parties within 7 days.
Modification of Standing Order: Certified SO cannot be modified, except on agreement between the
related parties, until 6 months from the last modification or operation of such standing order. The parties
may apply to the Certifying Officer for modifications in the standing order by annexing five copies of
the proposal or a certified copy of the agreement for modifications.
Payment of Subsistence Allowance: Where any workman is known to be suspended at the investigation
or inquiry into complaints or charges of misconduct against him, it is mandatory for the employer to
pay to such workman subsistence allowance at the following rates: a)For the first 90 days: @ 50% of the
wages which the workman was entitled to immediately preceding the date of such suspension. B) For 91
to 180 days: @ 75% of such wages of suspension if the delay in the completion of disciplinary
proceedings against such workman is not directly attributable to the conduct of such workman.
Penalty: If an employer defaults to submit draft standing orders or modifies his standing orders, then the
concerned officer may impose a penalty which will be above Rs 5,000 and in the case of a continuation
of offence may impose a fine which will be above Rs 200 for every day till the offence continues.
If the establishment does any act in violation of the standing orders after getting certified under this Act,
then the employer will be punishable with the penalty of which will be more than Rs 100 and in the case
of a continuation of offence may impose a fine of Rs 25 for every day till the offence continues.
Interpretation of Standing Orders: Any question relating to the application/interpretation of this Act
may be referred to the Labour Courts constituted for this purpose, whose decision shall be final and
binding on all parties.
After the commencement of this Act, the liability of repayment of the debt would remain suspended and
extinguished.
The creditor can no longer force the worker to pay the debt. And there shall be no suit in any Court
regarding the recovery of the same.
Any property of the bonded labour which was confiscated by landlords and was under any mortgage,
lien or other encumbrances shall be reinstated to the labourers and the debt related to the same shall be
discharged.
A person who was unchained and set free under this Act from any bonds, shall not be shown the door
from residential complexes or premises that he was residing before the commission of this Act, by the
creditor.
The creditor, by virtue of law, is prevented from accepting payment against any bonded debt which has
been withdrawn through this act.
3-tier system of implementation: State government confers the District Magistrate with the power to
safeguard the provision of this Act. Further, the District Magistrate delegates the powers to an officer
who will have the implementing powers at the local level.
The State government is responsible for appointing a vigilance committee at every district and sub-
division.
When there arises a question of a debt claimed by bonded labour then the burden of proof will lie on
the creditor to prove that the debt is not a bonded debt.
After the commencement of this Act, all the property which was kept on bonds were to be given back
to its original owner. This restoration shall be done within 30 days.
The Executive Magistrate is conferred with the powers of a Judicial Magistrate of the first or second
class as per the case by the State government. These Executive Magistrates with the conferred powers of
a Judicial Magistrate will conduct the trial accordingly.
Civil Courts do not have jurisdiction pertaining to cases under this act and thereby no Civil Court can
issue an injunction relating to matters covered under this act.
The Central government has the power to make rules or laws under this act through a notification in
the Official Gazette.
Weekly hours: Save as otherwise expressly provided in this Act, no adult worker shall be required or
allowed to work on any plantation in excess of [forty-eight hours] a week and no adolescent or child for
more than [twenty-seven hours] a week.
Night work for women and children- Except with the permission of the State Government, no woman or
child worker shall, be employed in any plantation otherwise than between the hours of 6 a.m. and 7 p.m.
List I (Term) List 11 (Explanation) (b) Any industry the control of which by the State
has been declared by any State Act to be
A. Closure 1. Permanent closing down of a
expedient in the public interest
place of employment
(c) Any industry the control of which by the
B. Workmen 2. Any person employed in any
Municipal bodies has been declared by any
industry to do skilled, unskilled or manual
Municipal Rules to be expedient in the public
work interest
C. Strike 3. Temporary closing down of (d) Any industry the control of which by the State
workplace by the management has been declared by any Central Act to be
expedient in the public interest.
D. Lockout 4. Cessation of work by
employees
2. Who is an 'Adolescent' as per the Factories Act, 5. Which of the following disputes is/are
1948? (EPFO EO/AO 2020) considered as trade dispute(s) under the provision
of the Trade Union Act, 1926? (EPFO EO/AO
(a) Who has completed 15 years of age but is
2020)
less than 18 years
Any dispute of any person connected with
(b) Who is less than 18 years
1. Employment
(c) Who has completed 14 years of age but is less
than 18 years 2. Non-Employment
(d) Who has completed 16 years of age but is less 3. Conditions of Labour
than 18 years
Select the correct answer using the code given
3. What is a controlled industry? (EPFO EO/AO below :
2020)
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(a) 1 only 9. Under which Schedule of the Companies Act,
2013, the format of financial statements are
(b) 2 and 3 only prescribed (EPFO EO/AO 2016)
(c) 1, 2 and 3 (a) Schedule I
(d) 1 and 3 only (b) Schedule II
a. 2 years
12. Which one of the following is not part of the
b. 3 years aims and purposes of the ILO as per Philadelphia
c. 4 years Declaration? (EPFO EO/AO 2016)
(b) Adjudication
(a) Closed shop system (c) One of the employees’ representatives of the
Board
(b) Agency shop system
d. A functionaries of the central government
(c) Open shop system nominated by the government.
(d) Union shop system
(b) Labour is affected by the law of demand and (b) Police theory
supply. (c) Religious theory
(c) Labour has a right to be consulted in regard (d) Philanthropic theory
to the terms and conditions under which they
are supposed to work.
(d) Labour is a cog in the machine. 25. Dr. Aykroyd’s formula is associated with
determination of (EPFO EO/AO 2016)
(a) 1, 2 and 3 only (a) Both Statements (I) and Statement (II) are
individually true, and Statement (II) is the
(b) 1, 2 and 4 only
correct explanation of statement 1.
(c) 3 and 4 only (b) Both Statement (I) and Statement (II) are
(d) 1, 2, 3 and 4 individually true but Statement (II) is NOT the
correct explanation of statement 1.
33. In which of the following Acts, housing 36. Match List-I with List-II and select the correct
facility is a statutory provision? (APFC 2012) answer using the code given below the lists: List-1
(Contribution) (APFC 2012)
(a) The Plantation labour act 1951.
A. Industrial Welfare Movement
b. The Factories Act, 1948
B. Human Relation thought
c. The Mines Act, 1952
C. Concept of Third Force
d. None of the above
D. Ahmedabad Experiment
List-II (Contributor)
34. Statement (I): Industrial relation is currently
more influenced by the external market forces 1. Charles A Myer
than the power play between employers and
employees. (APFC 2012) 2. A.K. Rice
(b) 3 1 4 2
a) Pension
37. Match List-I with List-II and select the correct b) Provident Fund
answer using the code given below the lists: List-I
(Board/Committee) (APFC 2012) c) Deposit Linked Insurance
C. Second National commission on labour 2002. 40. Which of the following statements about
Workmen's Compensation act 1923 is true?
D. Index Review Commission 2009. (APFC 2012)
1. G.K. Chadha a) It is not social security legislation.
2. Ravindra Verma b) Its name has been changed to the
3. P.B. Gajendragadkar Employee's Compensation Act in 2009.
(a) 3 4 2 1
Features:
The contributions of individuals is nominal and never goes beyond what they can afford the benefits,
eligibility requirements and other aspects of the program are defined by statute; explicit provision is made to
account for the income and expenses (often through a trust fund); it is funded by taxes or premiums paid by
(or on behalf of) participants (but additional sources of funding may be provided as well); and the program
serves a defined population, and participation is either compulsory or so heavily subsidized that most
eligible individuals choose to participate.
Similarities to private insurance: Typical similarities between social insurance programs and private
insurance programs include:
Wide pooling of risks;
Specific definitions of the benefits provided;
Specific definitions of eligibility rules and the amount of coverage provided;
Specific premium, contribution or tax rates required to meet the expected costs of the system.
UDAN Scheme:
Ude Desh Ka Aam Naagrik (UDAN) was launched as a Regional Connectivity Scheme (RCS) under the
Ministry of Civil Aviation in 2016.
Objectives:
To develop the regional aviation market.
To provide affordable, economically viable and profitable air travel on regional routes to the common
man even in small towns.
Features:
The scheme envisages providing connectivity to un-served and underserved airports of the country
through the revival of existing air-strips and airports. The scheme is operational for a period of 10
years.
Under-served airports are those which do not have more than one flight a day, while unserved airports
are those where there are no operations.
Components –
1. Household toilets, including conversion of insanitary latrines into pour-flush latrines;
2. Community toilets
3. Public toilets
4. Solid waste management
5. Public Awareness and IEC (Information, Education and Communication).
Implementation - Behaviour change is the primary focus and fundamental tool for achievement of ODF
outcomes.
It also promotes gender sensitive information, behaviour change guidelines and various mass education
activities.
Funding - States will contribute a minimum of 25% funds towards all components to match 75%
Central Share. This will be 10% in the case of North East and special category States.
Digital India:
It is a flagship programme of the Government of India launched on July 1, 2015 with a vision to transform
India into a digitally empowered society and knowledge economy.
The scheme is coordinated by the department of Electronics and IT and implemented by all
government departments.
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The scheme is to be monitored by a Digital India committee comprised of several ministers.
Digital India has three core components. These includes
1. The creation of digital infrastructure,
2. Delivering services digitally,
3. Digital literacy
9 Key points of Digital India Programme are
1. Universal Access to Phones
2. Broadband Highways
3. Public Internet Access Programme
4. e-Governance – Reforming government through Technology
5. e-Kranti – Electronic delivery of services
6. Information for All
7. Electronics Manufacturing – Target NET ZERO Imports
8. IT for Jobs
9. Early Harvest Programmes
It is an umbrella programme which includes the hitherto National Optical Fiber Network (NOFN) to
connect 2, 50,000gram Panchayats by providing internet connectivity to all citizens.
Digital India includes development of an electronic development fund and envisages Net-Zero
Electronics Import Target by 2020.
Common Services Centers (CSC) scheme is one of the mission mode projects under the Digital India
Programme, Ministry of Electronics and IT.
Portal PENCIL:
Platform for Effective Enforcement for No Child Labour (PENCIL) is an electronic platform under
the Ministry of Labour and Employment to create a child labour free India.
The portal creates a robust implementing and monitoring mechanism for enforcement of the legislative
provisions of National Child Labour Policy (NCLP).
Since the subject of labour is in the concurrent list, the enforcement of the policy depends on respective
state governments.
PAHAL:
Direct Benefit Transfer for LPG consumer scheme called, `PAHAL‘aims to reduce leakage of
subsidy, reduce intermediaries and eliminate duplicate LPG connections by introducing direct cash
transfer of subsidies.
LPG consumers, who join the scheme, will get the LPG cylinders at market price and receive the subsidy
directly into their bank accounts.
The scheme required the consumer to mandatorily have a bank account linked with Aadhaar number for
availing LPG Subsidy.
If they do not possess Aadhaar number, they will have to link their bank account directly with their LPG
ID.
MNREGA:
Mahatma Gandhi National Rural Employment Guarantee Act 2005 is an employment scheme to
enhance livelihood security in rural areas by providing at least 100 days of legal guaranteed demand
based wage employment in a financial year to every household whose adult members volunteer to do
unskilled manual work.
A 60:40 wage and material ratio has to be maintained. No contractors and machinery is allowed.
Wages are linked to Consumer Price Index (Agriculture labour).
The Ministry of Rural Development (MRD), Govt. of India is monitoring the entire implementation of
this scheme in association with state governments.
The central government bears the 100% wage cost of unskilled manual labour and 75% of the material
cost including the wages of skilled and semi-skilled workers.
If work is not provided within 15 days of applying, applicants are entitled to an unemployment
allowance.
The employment will be provided within a radius of 5 km: if it is above 5 km extra wage will be paid.
MGNREGA is to be implemented mainly by gram panchayats.
At least one-third beneficiaries shall be women. Wages must be paid according to the statutory minimum
wages specified for agricultural labourers in the state under the Minimum Wages Act, 1948.
Social audit has to be done by the gram sabha at least once in every 6 months.
Bombay Mutual Life Insurance was the first Swadeshi life insurance
1870
company started in the Bombay Residency.
The Indian Life Assurance Companies Act 1912, was the first statutory measure to
1912 regulate life business. However, the norms were lax, that led insurance industry to face
problems in the aftermath of Great Depression in USA.
With a view to protecting the interest of the public, the earlier legislation was
1938 consolidated and amended by the Insurance Act, 1938 with tougher regulatory
provisions.
Nationalising the Life Insurance sector and Life Insurance Corporation (LIC) came
1956 into existence. The LIC had monopoly till the late 90s when the Insurance sector was
reopened to the private sector.
There are currently 57 insurance companies in India, of which 46 are from the private sector. There are 24
life insurance and 33 non-life insurance companies in India.
Insurance principles:
To ensure the proper functioning of an insurance contract, the insurer and the insured have to uphold the 7
principles of Insurances mentioned below:
1. Utmost Good Faith
2. Proximate Cause
3. Insurable Interest
4. Indemnity
5. Subrogation
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6. Contribution
7. Loss Minimization
Types of Insurance:
There are two broad categories of insurance:
1. Life Insurance
2. General insurance
Life Insurance:
The insurance policy whereby the policyholder (insured) can ensure financial freedom for their family
members after death. It offers financial compensation in case of death or disability.
Life Insurance in India was nationalised by incorporating Life Insurance Corporation (LIC) in 1956. All
private life insurance companies at that time were taken over by LIC. In 1993, the Government of India
appointed RN Malhotra Committee to lay down a road map for privatisation of the life insurance
sector.
While purchasing the life insurance policy, the insured either pay the lump-sum amount or makes periodic
payments known as premiums to the insurer. In exchange, of which the insurer promises to pay an assured
sum to the family if insured in the event of death or disability or at maturity.
Depending on the coverage, life insurance can be classified into the below-mentioned types:
Term Insurance: Gives life coverage for a specific time period.
Whole life insurance: Offer life cover for the whole life of an individual
Endowment policy: a portion of premiums go toward the death benefit, while the remaining is invested
by the insurer.
Money back Policy: a certain percentage of the sum assured is paid to the insured in intervals
throughout the term as survival benefit.
Pension Plans: Also called retirement plans are a fusion of insurance and investment. A portion from
the premiums is directed towards retirement corpus, which is paid as a lump-sum or monthly payment
after the retirement of the insured.
General Insurance:
Everything apart from life can be insured under general insurance. It offers financial compensation on any
loss other than death. General insurance covers the loss or damages caused to all the assets and
liabilities. The insurance company promises to pay the assured sum to cover the loss related to the vehicle,
medical treatments, fire, theft, or even financial problems during travel.
General Insurance can cover almost anything, and everything but the five key types of insurances available
under it are –
Health Insurance: Covers the cost of medical care.
Fire Insurance: give coverage for the damages caused to goods or property due to fire.
Travel Insurance: compensates the financial liabilities arising out of non-medical or medical
emergencies during travel within the country or abroad
Motor Insurance: offers financial protection to motor vehicles from damages due to accidents, fire,
theft, or natural calamities.
Home Insurance: compensates the damage caused to home due to man-made disasters, natural
calamities, or other threats.
PRADHAN MANTRI
PRADHAN MANTRI JEEVAN
FEATURES SURAKSHA BIMA YOJANA
JYOTI BIMA (PMJJB)
(PMSBY)
LIC or any empanelled private life Four Public Sector, or any empaneled
Purchase from
insurance company. pvt. General Insurance company.
DICGCI Act – banks must buy deposit insurance from it- covers upto INR 5 lakh
1961 Although not considered a General Insurance Company in textbook sense because
does not directly sell insurance policy to any individual household/business firm.
Agriculture Insurance Company Limited (AIC), (formed with funding of GIC, above 4
2002
public sector General Insurance Companies and NABARD.)
Dept of Financial service (Min. of Finance) organized ‘Insurance Manthan’ for Public
Sector General Insurance at Delhi.
2018-Oct
Six-point agenda endorsedàfully insured society, customer orientation, digital-analytics
for future, sustainable-prudent business, reach for everyone and talent management.
Reinsurance:
Reinsurance, often referred to as “insurance for insurance companies,” is a contract between a reinsurer and
an insurer. In this contract, the insurance company—the cedent—transfers risk to the reinsurance company,
and the latter assumes all or part of one or more insurance policies issued by the cedent.
Micro-insurance:
Micro-insurance products offer coverage to low-income households or to individuals who have little
savings. It is tailored specifically for lower valued assets and compensation for illness, injury, or death.
Total 10à One Chairman (5yrs or 65 yrs) and 9 members (5yrs or 62 yrs)
Structure
They are eligible for re-appointment.
3. NITs
2. Which one of the following is the name of the
scheme introduced as a well-targeted system of 4. Central Universities
service delivery to LPG customers? (EPFO
Select the correct answer using the code given
EO/AO 2020)
below.
a. SAHAJ
(a) 1, 2 and 3
b. PAHAL
(b) 1 and 4 only
c. UDAY
(c) 3 and 4 only
d. UDAN
(d) 1, 3 and 4
7. Which one of the following is the correct set of 10. Consider the following statements in respect
contingencies identified by William beveridge in of Atal Pension Yojana: (EPFO APFC 2015)
his comprehensive social security scheme? (EPFO
EO/AO 2016) 1. Beneficiary must be in the age group of 18 to
40 years.
(a) Want, disease, ignorance, squalor and
2. Beneficiary will receive the pension only after
idleness
he attains the age of 60 years.
(b) Want, sickness, disability, squalor and idleness
3. After the death of a beneficiary, his
(c) Want, disease, old age, squalor and spousecontinues to receive the pension.
unemployment
4. No nominee of the beneficiary is permitted.
(d) Disease, invalidity, old age, unemployment
and ignorance. Which of the above statements are correct?
b. The benefit of the minimum pension would be 11. Consider the following statements regarding
guaranteed by the Government of India. the Pradhan Mantri Suraksha Bima Yojana:
(EPFO APFC 2015)
c. Government of India co-contributes 50% of the
subscriber’s contribution or 1,000 per annum, 1. It is applicable for all bank account holders up
whichever is lower. to the age of 60 years.
12. Consider the following statements regarding 14. Which of the following are the typical
the Pradhan Mantri Jeevan Jyoti Bima Yojana: differences between the private insurance
(EPFO APFC 2015) programmes and the social insurance
programmes? (EPFO APFC 2015)
1. It is applicable to all adults above the age group
of 18 years. 1. Adequacy versus Equity
2. The premium is deducted from the account 2. Voluntary versus Mandatory Participation
holder’s bank account through 'auto debit facility’.
3. Contractual versus Statutory Rights
3. The life insurance worth is decided by the
account holder and he has to pay the annual 4. Funding
premium accordingly. Select the correct answer using the codes given
4. The life insurance amount is given to the family below:
after the death of the subscriber. (a) 1, 2 and 3 only
Which of the above statements are correct? (b) 1, 2 and 4 only
(a) 1 and 3 only (c) 3 and 4 only
(b) 1 and 4 only (d) 1, 2, 3 and 4
(c) 2 and 4 only
15. Which of the following are the instruments of
(d)2 and 3 only
providing social security in India? (EPFO APFC
2015)