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Work, Employment &

Labour Policy

Mr. Prem SinghMaster of Public Health (Policy, Econ. & Finance)

School Of Health System Studies

Tata Institute of Social Sciences

Mumbai, India

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Do You remember this fable?Do You remember this fable?

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Remembering Sir Beveridge

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WORKWORK

Physical or mental effort or activitydirected toward the production or

accomplishment of something.

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Why is unemployment so dreaded?Why is unemployment so dreaded?

1. Loss of Income

2. Loss of social solidarity

3. Loss of Self esteem leading to a whole lot of

mental and behavioral problem.

4. Dependency

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Unemployment and SocietyUnemployment and Society

1. Unemployment is seen as a major market failure.

2. Society fails to utilize the complete HUMAN RESOURCEhence it is a wastage of resources which otherwise can be

used for higher growth and productivity.

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Employment (in millions) during 1993Employment (in millions) during 1993----94 to 200494 to 2004----0505

Source: MoL&E, 2008 and Planning Commission,2008

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Indian Workers Migrating to Gulf

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Sector wise Employment

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DefinitionDefinition

International Labour Conference in 1964. Full employment ensures

that

(i) there is work for all persons who are available for and seeking

work;

(ii) that such work is as productive as possible; and(iii) that it is freely chosen by workers, who should have the fullest

possibility to qualify and use their skills and endowments in a job

for which they are well suited (ILO, 1985).

The situations which do not fulfil the objective (i) relate to

unemployment, those that do not satisfy objectives (ii) or (iii) refer

to underemployment.

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EMPLOYMENTEMPLOYMENT

Employment is a contract between two parties, one

being the employer and the other being the employee.

An employee(SUPPLY SIDE) may be defined as: "A

person in the service of another under any contract of

hire, express or implied, oral or written, where the

employer (DEMAND SIDE) has the power or right tocontrol and direct the employee in the material details of

how the work is to be performed."

:Black's Law Dictionary page 471 (5th ed. 1979).

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Work AvailableWork Available

Manufacturing sector v/s Service sector

Unskilled work v/s Skilled work

Fulltime work hours v/s Flexible work hrs.

Formal v/s Informal Sector.

Self employed v/s paid for job

Organised v/s un organised sector

Agriculture v/s Industry

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Issues inIssues in labourlabour marketmarket

Demand Side Obstacles(employer)

Wages & Remuneration

Working conditions &

safety measures

Feminisation of work

Job Security and future

career prospect

Supply Side Obstacles

(employee)

Qualification

Willingness to work

Efficiency

Physical and mental fitness

Adherence to work

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POLICIESPOLICIES

National Policy on Skill Development

National Policy on Safety, Health and Environment

at WorkPlaceNational Policy on HIV/ AIDS

Draft National Employment Policy,2008

Draft protocol on Prevention, Rescue, Repatriationand Rehabilitation of trafficked and Migrant Child

Labour

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NATIONAL EMPLOYMENT POLICYNATIONAL EMPLOYMENT POLICY

PREAMBLE: work towards the goal of decent andremunerative work for all women and men seeking such

work, in conditions of freedom, equity, security and human

dignity.

OBJECTIVE

Improving the quality of jobs in the unorganized sectorAccelerating employment growth in organized sector.

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NATIONAL EMPLOYMENT POLICYNATIONAL EMPLOYMENT POLICY

Policy statements in this document are accordingly arranged under the following 7

major heads:

(i) Macro-economic Policies

(ii) Sectoral Policies

(iii) Labour Market Policies

(iv) Micro and Small Enterprise Development Policies

(v) Skill Development Policies

(vi) Women Workers

(vii) Vulnerable Workers

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LABOURWELFARE ACTSLABOURWELFARE ACTS

Workmens Compensation Act, 1923

The Trade Union Act, 1926

The Children (Pledging of Labour) Act, 1933

Payment of Wages Act, 1936

Employers Liability Act, 1938 The Payment of wages Act, 1942

The Weekly Holidays Act, 1942

The MinimumWages Act, 1948

The Industrial Employment (Standing Orders) Act,1946

Employees State Insurance Act, 1948 The Factories Act, 1948

The Industrial Disputes Act

The Shops and Establishments Act, 1953

The Employees Provident Funds and Misc. Provisions Act, 1952

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LABOURWELFARE ACTSLABOURWELFARE ACTS

Employment Exchange (Compulsory Notification of Vacancies) Act, 1959

Apprentices Act, 1961

Maternity Benefit Act, 1961

The Payment of Bonus Act, 1965

The Bidi and Cigar Workers (Conditions of Employment) Act, 1966

The Contract Labour (Regulation & Abolition) Act, 1970

The Payment of Gratuity Act, 1972

The Sales Promotion Employees (Conditions of Service) Act, 1976

Bonded Labour System (Abolition) Act, 1976

Equal Remuneration Act, 1976

Child Labour (Prohibition & Regulation) Act, 1986

Labour Laws (Exemption from Furnishing Returns & Maintaining Registers by

Certain Extablishments) Act, 1988

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Indian LegislatureIndian Legislature

Matters relating to Social Security are listed in the Directive Principles of State

Policy and the subjects in the Concurrent List. The following social security

issues are mentioned in the Concurrent List (List III in the Seventh Schedule of

the Constitution of India)

-Item No. 23: Social Security and insurance, employment and unemployment.

-Item No. 24: Welfare of Labour including conditions of work, provident funds,

employers liability, workmens compensation, invalidity and old age pension

and maternity benefits.

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NREGANREGA

The National Rural Employment Guarantee Act 2005 is a law

whereby any adult who is willing to do unskilled manual work

at the minimum wage is entitled to being employed on local

public works within 15 days of applying, with a guarantee of

100 days of unskilled manual work per household per year

Currently it covers half of rural India, to be extended to the

rest within 4 years

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NREGANREGA

NREGS is a demand driven programme &

employment is to be provided to eligible workers on

demand, within 15 days.

Step 1 Registration

Step 2 Verification

Step 3 Issuing Job Cards

Step 4 Application

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NREGANREGA

Unemployment allowances

If Employment is not provided within 15 days of receipt of application, the worker

shall be entitled to a daily Unemployment allowance(7(1))

Rates (7(2)) For First 30 days th of the wage rate

For the remaining period of the Financial year Not less than one halfof the wage rate

Employment wage + Unemployment Equal to the wagesfor 100 days of allowance

work in a financialyear

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Emerging Global TrendEmerging Global Trend

Outsourcing is already an established trend.services aswell as manufacturing jobs are being outsourced to thirdworld.

India is largest exporter of workforce both high skilledwhite collar and semiskilled labour intensive workforce.

But recent global recession and job cuts show that nocountry can remain in isolation from the global threats.

International Labour Organization is the apex UN body to

oversee such matters. India is a founding member.

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1. Employability investing in education

2. Equal opportunities for men and women

3. Entrepreneurship start and run businesses

4. Employment creation as part of macroeconomic

policy

4 Es to4 Es to address Unemploymentaddress Unemployment

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REFERENCESREFERENCES

John Baldock, Nick Manning and Sarah Vickerstaff, Social Policy, oxford university

press

ILO, www.ilo.org

Ministry of Labour and Employment www.mole.nic.in

Report and policy document and the UK department for work and pansion.www.dwp.gov.uk/resourcecenter /policy_strategy.asp

AV Jose, Labour Regulation and Employment Protection in Europe: Some

Reflections for Developing Countries, EPW Journal

Anil K Ghose, The Employment Challenge in India, EPW Journal

T.S.Papola, Employment challenges and strategies in India, ILO

Draft National Employment policy 2008

Maria Sabrina De Gobbi, Flexibility and security in labour markets of developing

countries

Indian labour statistics 2007 & 2008, MoLE

Annul report to The people on employment, GoI(MoLE)