Chapter 6(F) The Unorganised Workers’ Social Security Act, 2008 – CS Professional Labour Laws and Practice Notes is designed strictly as per the latest syllabus and exam pattern.
The Unorganised Workers’ Social Security Act, 2008 – CS Professional Labour Laws and Practice Study Material
Question 1.
Labour should not be treated as commodity and the peace could only be established, if it is based on social justice.
Describe the fundamental principles and measures to attain peace, which were adopted during the peak of the second world war, under the leadership of Edward Phelan. (June 2022, 6 marks)
Question 2.
What was the objective of enactment of the Unorganised Workers’ Social Security Act, 2008?
Answer:
- The Unorganised Workers’ Social Security Act, 2008 was enacted with a view to provide for the social security and welfare of unorganised workers.
- Unorganised sector constitutes casual nature of employment, absence of definite employer-employee relationship, ignorance, illiteracy, etc
- The unorganised sector constituted a large portion of working population and hence attention towards this segment is a must.
- Therefore, Unorganised Workers’ Social Security Act, 2008 was enacted to ensure that just working condition and decent standard of living is given to the workers of unorganised sector.
Question 3.
What are the categories of unorganised sector workers?
Answer:
- Unorganised sector constitutes casual nature of employment, absence of definite employer-employee relationship, ignorance, illiteracy, etc
- Unorganised sector workers can be categorised into 4 segments basis:
- Occupation:
- small farmers
- landless agricultural labourers
- fishermen
- small workers engaged in animal husbandry/ beedi packing
- workers in building and construction etc
- Nature of Employment:
- self employed
- attached agricultural labourers
- bonded labourers migrant workers
- contract and casual labourers
- Specially distressed categories
- carriers of head loads
- drivers of animal driven vehicles
- loaders and unloaders
- Service categories:
- domestic workers
- barbers
- vegetable /fruit/newspaper vendors, newspaper vendors etc
- Occupation:
Question 4.
Explain the constituents of National Social Security Board?
Answer:
- Central Govt . may by notification constitute a National Board to be known as National Social Security Board (NSSB)
- NSSB shall consist of following members:
- Union Minister for Labour and Employment (Chairperson)
- Director General of Labour Welfare (Member-Secretary)
- 34 members to be nominated by the Central Government, consisting of-
- Representatives of Unorganised sector workers: 7
- Representatives of Unorganised sector employers: 7
- Representatives of esteemed persons of civil society: 7
- Representatives from Central Government Ministries and Departments: 5
- Representatives from State Government Ministries and Departments: 5
- Representatives from Lok Sabha : 2
- Representatives from Rajya Sabha : 1
- NSSB will be constituted for a period of 3 years.
- NSSB will meet 3 times a year.
Question 5.
Explain the constituents of State Social Security Board?
Answer:
- State Govt may by notification constitute a State Board to be known as State Social Security Board (SSSB)
- SSSB shall consist of following members:
- State Minister for Labour and Employment (Chairperson)
- Principal Secretary/ Secretary of Labour Welfare (Member¬Secretary)
- 28 members to be nominated by the State Government, consisting of-
- Representatives of Unorganised sector workers: 7
- Representatives of Unorganised sector employers: 7
- Representatives of esteemed persons of civil society: 5
- Representatives from State Government Ministries and Departments: 5
- Representatives from State Legislative Assembly: 2
- SSSB will be constituted for a period of 3 years.
- SSSB will meet 4 times a year (once in every quarter).
Question 6.
What are the major functions of National Social Security Board?
Answer:
Following are the functions of National Social Security Board:
- Recommend Central Government schemes which are suitable for different sections of unorganised workers
- Advise Central Government on such matters arising out of the administration of this Act
- Monitor social welfare schemes of Central Government framed for unorganised workers
- Review the progress of registration and issue of identity cards to the unorganised workers
- Review the record keeping functions performed at the State level
- Review the expenditure from the funds under various schemes
- Any other function as may be directed by Central Government.
Question 7.
What are the major functions of State Social Security Board?
Answer:
Following are the functions of State Social Security Board:
- Recommend State Government schemes which are suitable for different sections of unorganised workers
- Advise State Government on such matters arising out of the administration of this Act
- Monitor social welfare schemes of State Government framed for unorganised workers
- Review the progress of registration and issue of identity cards to the unorganised workers
- Review the record keeping functions performed at the District level
- Review the expenditure from the funds under various schemes
- Any other function as may be directed by State Government.
Question 8.
What is Workers facilitation centre and what are its major functions?
Answer:
- In order to ensure welfare of the unorganised sector workers , State Government is empower to establish Workers Facilitation centre
- Functions of such Facilitation centres are:
- Spread information on available social security schemes for the unorganised workers
- Help in filing, processing and forwarding of application forms for registration of unorganised workers
- Assist unorganised worker to obtain registration from the District Administration
- Facilitate enrolment of the registered unorganised workers in social security schemes.
Question 9.
How can an unorganised sector worker obtain registration?
Answer:
- Every unorganised worker is eligible for registration, provides he/ she:
- Is above 14 years of age
- Gives Self declaration that they belong to unorganised sector.
- Application has to be made in Form 1 to the District Administration for registration.
- Upon registration, unorganised sector worker will be issued an identity card by the District Administration.
- The card is a smart card carrying a unique identification number and shall be portable.
- If a scheme requires a registered unorganised worker to make a contribution, he or she shall be eligible for social security benefits under the scheme only upon payment of such contribution.
- Where a scheme requires the Central or State Government to make a contribution, the same shall make the contribution regularly in terms of the scheme.
Question 10.
What are the types of funding of Central Government Schemes for unorganised sector?
Answer:
- Any scheme notified by the Central Government may be¬- Wholly funded by Central Government
- Partly funded by Central &partly by State Government
- Partly funded by Central &partly by State Government &partly funded through contributions collected from the beneficiaries of the scheme or the employers.
- Every scheme notified by the Central Government shall provide for:
- Scope of the scheme
- Beneficiaries of the scheme
- Source of funding of the scheme
- Agencies implementing the scheme
- Redressal of grievances
- Any other relevant matter.
Question 11.
What are the types of funding of State Government Schemes for unorganised sector?
Answer:
Any scheme notified by the State Government may be-
- Wholly funded by State Government
- Partly funded by State Government &partly funded through contributions collected from the beneficiaries of the scheme or the employers.
- State Govt may further seek financial assistance from Central Govt
The Unorganised Workers’ Social Security Act, 2008 Notes
Objective & applicability of Unorganised Workers’ Social Security Act, 2008:
- The Act was enacted with a view to provide for the social security and welfare of unorganised workers (casual nature of employment, absence of definite employer-employee relationship)
- The unorganised sector constituted a large portion of working population and hence attention towards this segment is a must.
- Unorganised Workers’ Social Security Act, 2008 was enacted to ensure that just working condition and decent standard of living is given to the workers of unorganised sector.
What is Unorganised Worker:
- Unorganised sector constitutes casual nature of employment, absence of definite employer-employee relationship, ignorance, illiteracy, etc
- Unorganised sector workers can be categorised into 4 segments basis:
- Occupation:
- small farmers
- landless agricultural labourers
- fishermen
- small workers engaged in animal husbandry/ beedi packing
- workers in building and construction etc.
- Occupation:
-
- Nature of Employment:
- self employed
- attached agricultural labourers
- bonded labourers migrant workers
- contract and casual labourers
- Specially distressed categories
- carriers of head loads
- drivers of animal driven vehicles
- loaders and unloaders
- Service categories:
- domestic workers
- barbers
- vegetable /fruit/newspaper vendors, newspaper vendors etc
- Nature of Employment:
NSSB& SSSB:
NSSB
- Central Govt . may by notification constitute a National Board to be known as National Social Security Board (NSSB)
- NSSB shall consist of following members:
- Union Minister for Labour and Employment (Chairperson)
- Director General of Labour Welfare (Member-Secretary)
- 34 members to be nominated by the Central Government, consisting of-
- Representatives of Unorganised sector workers: 7
- Representatives of Unorganised sector employers: 7
- Representatives of esteemed persons of civil society: 7
- Representatives from Central Government Ministries and Departments: 5
- Representatives from State Government Ministries and Departments: 5
- Representatives from Lok Sabha : 2
- Representatives from Rajya Sabha : 1
- NSSB will be constituted for a period of 3 years.
- NSSB will meet 3 times a year.
SSSB:
- State Govt may by notification constitute a State Board to be known as State Social Security Board (SSSB)
- SSSB shall consist of following members:
- State Minister for Labour and Employment (Chairperson)
- Principal Secretary/ Secretary of Labour Welfare (Member-Secretary)
- 28 members to be nominated by the State Government, consisting of-
- Representatives of Unorganised sector workers: 7
- Representatives of Unorganised sector employers: 7
- Representatives of esteemed persons of civil society: 5
- Representatives from State Government Ministries and Departments: 5
- Representatives from State Legislative Assembly: 2
- SSSB will be constituted for a period of 3 years.
- SSSB will meet 4 times a year (once in every quarter).
Functions of NSSB & SSSB:
National Social Security Board:
- Recommend Central Government schemes which are suitable for different sections of unorganised workers
- Advise Central Government on such matters arising out of the administration of this Act
- Monitor social welfare schemes of Central Government framed for unorganised workers
- Review the progress of registration and issue of identity cards to the unorganised workers
- Review the record keeping functions performed at the State level
- Review the expenditure from the funds under various schemes
- Any other function as may be directed by Central Government.
State Social Security Board:
- Recommend State Government schemes which are suitable for different sections of unorganised workers
- Advise State Government on such matters arising out of the administration of this Act
- Monitor social welfare schemes of State Government framed for unorganised workers
- Review the progress of registration and issue of identity cards to the unorganised workers
- Review the record keeping functions performed at the District level
- Review the expenditure from the funds under various schemes
- Any other function as may be directed by State Government.