* Act is NOT applicable in Jammu & Kashmir
* Act defines Factory as :-
1.Where power is used an establishment employing 10 or more workers .
2.Where power is not used on establishment employing 20 or more workers
Hours of work
48 working hours per week not exceeding 9 hours per day with rest for at least hour after 5 hours of continuous work
Example - College hours total 9 hours (8am to 5pm) of which 1 hour of lunch & 8 working hours/day for 6 days/week
8am to 1pm - work (5 working hours)
1pm to 2 pm-lunch break.(1hour after 5 hours of continuous work)
2pm to 5pm-work(3 working hours)
Maximum 60 hours per week (including overtime [110 working hours/day x 6 days/ week 60 hours ]
Health safety & welfare recommendations
Space-Minimum of 500 cu ft of space for each worker
1 Welfare officer - per 500 workers
1 Safety officer - per 1000 workers
1 Canteen for 250 workers or more
1Creche for 50 or more women worker
Leaves
Leaves can be accumulated upto 40 days
Besides weekly holiday, worker is eligible for one day leave for every 20 days of work
(15 days for 15-18 years adolescents)
Employment of YOUNG persons :-
Employment under 14 years is prohibited
Employment is prohibited in dangerous occupation
Allowed to work only if they get a certificate of fitness from a surgeon 15-18 years adolescents & adult females can work only between 6 am to 7 pm
i.e. not in night (article 23)
Maximum working hours for an adolescent is 4% hour/day
Notifiable diseases-Includes 29 disease (schedule 3)
Silicosis
Byssinosis
Asbestosis
Anthracosis
Occupational Dermatitis & Cancer
Noise induced Hearing loss
EMPLOYEES STATE INSURANCE (E.S.I) Act 1948
* Important measure of social security & health insurance in India
* Cash & medical benefits to industrial employees in case of sickness, maternity & occupational injury
COVERAGE :-
From 6 September 2016 act covers all employees getting up to 21000 per month
* Covers all factories in India EXCLUDING - Mines, Defense & Railways
* Covers all state & UTs EXCEPT - Manipur, Sikkim, Arunachal Pradesh, Mizoram, Delhi & Chandigarh
ADMINISTRATION :-
ESI Corporation
Chairman- Union minister of labour (in central government)
Chief executive officer - Director General
Assisted by-
Principal officers-
*Insurance commissioner
*Medical commissioner
*Financial commissioner
Head Office- New Delhi
MEDICAL BENEFITS PROVIDED THROUGH :-
Inspection officer - inspect factories
ESI-
- Dispensaries
- Clinics
- Hospitals
Super specialty services - tie up with advanced medical institutions
FINANCE :-
Employer contributes - 3.25% of total wage
Employee contributes -0.75% of total wage
ESI Corporation share 6:7 of total cost of medical care
State government- (1/8) & Central government (7/8) share 1:7 of medical expenditure
BENEFITS TO EMPLOYER'S :-
1.Exemption from Workmen's compensation act 1923 (in 1992 disease included in it was Anthrax)
2.Exemption from Maternity benefit act 1961
3.Exemption from payment of Medical allowance
4.Rebate under the Income tax act.
BENEFITS TO EMPLOYEE'S
1. MEDICAL BENEFIT :-
Full medical care
NOT a cash benefit
Services -
1.Outpatient care
2.In patient treatment
3.Drugs
4.Specialist services
5.Pathological & radiological investigation
6.ANC/PNC
7.Immunization services
8.Ambulance services
Medical care is provided by
A. Direct pattern
1000/ more employees
Dispensaries/ Hospital
Full time doctor
Less than 750
Part time ESI Dispensaries
If employees are scattered over long distance
Mobile dispensaries
B. Indirect pattern
Panel system
Registered Medical Practitioner (RMP) designated as Insurance Medical Officers
Other medical facilities
Dentures, spectacles & hearing aids
Artificial limbs
Walking calipers
2. SICKNESS BENEFIT :-
sicknees is certified by Insurance Medical Officer.
91 days
70% daily wages
Extended sickness Benefit
Benefit extended for 2 years
80% wages
Person is eligible if employment is continuous for 2 years
Suffering from enlisted-34 diseases
1. Infectious diseases- TB, AIDS
2. Neoplasm's- malignant diseases
3. Metabolic disorders- diabetic retinopathy/nephropathy
4. Nervous systems- Parkinson's disease
5. Cardiovascular systems- CAD
6. Respiratory system- COPD
7. Digestive system- cirrhosis of liver
8. Orthopedic diseases- prolapsed IVD
9. Psychosis- Schizophrenia
10.Others Burger's disease.
Enhanced sicknese benefit :-
Full average daily wages For duration up to 7 days in case of vasectomy and 14 days in case of Tubectomy.
3. MATERNITY BENEFIT :-
Full wages
24 weeks (6 months)- confinement (5000/confinement)
26 weeks- miscarriage or MTP
4 weeks- sickness arising out of pregnancy, confinement or premature death
Maternity act 2017 amendments
* Insured women now include
• A commencing mother who wishes to have a child with surrogacy
• A woman who legally adopts a child upto 3 months of age
* Adopting mother and commencing mother-
• 12 weeks from date on which child is being handed over to mother
* Insured women with 2 or more surviving children
• 12 weeks (of which not more than 6 weeks shall precede the expected date of confinement.)
4. DISABLEMENT BENEFIT :-
Temporary disablement
90% wages till recovery
Permanent disablement
90% wages Lifetime pension
5. DEPENDENT BENEFIT :-
Death as a result of employment injury
Dependents get pensions at rate of 90% of wages
Son or daughter is entitled to get benefit up to age of 18 years (benefits is withdrawn If daughter gets married)
6. FUNERAL EXPENSES :-
Cash not exceeding Rs. 15000
7. REHABILITATION :-
Monthly payment of Rs 10 to insured person & his family members continue to get medical treatment
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