This document discusses social security for workers in India's informal sector. It provides an overview of India's social security system and the constitutional rights related to social security. While India has enacted some laws to provide social security benefits like health insurance and pensions, they mainly cover organized sector workers and do not adequately address the needs of unorganized sector workers who make up around 90% of the workforce. The Unorganized Workers Social Security Act of 2008 aims to provide welfare schemes for this group but it lacks dedicated funding, does not recognize social security as a right, and does not establish an empowered regulatory body to implement it effectively. Overall, the document argues that more needs to be done to expand social security coverage and protections to India's vast un
The document discusses the concept and definitions of social security according to various organizations and experts. It covers the origins and development of social security in India from ancient to modern times, highlighting schemes introduced during British rule and post-independence. Key international conventions and domestic legislation related to social security are also summarized. The document provides an overview of the different aspects of social security such as social insurance, social assistance, benefits available, and the objectives and features of schemes.
This document examines social security programs for India's unorganized workforce. It defines social security and discusses categories of unorganized labor. Currently, social security programs are limited and do not provide adequate income maintenance. The document calls for policy changes like establishing a Ministry of Social Security and involving NGOs to better implement social security policies and guarantee protection for unorganized workers. With modifications, social security in India could ensure protection for vulnerable groups across their lifetimes.
The document analyzes the social security and welfare schemes of Life Insurance Corporation of India (LIC) and State Bank of India (SBI). It collected responses on awareness, satisfaction, welfare, and security of the schemes. The responses are represented using pie charts showing the percentage distribution for each parameter out of 100%. For LIC, awareness was highest at 58% for "up to date", satisfaction was highest at 50% for "satisfied", welfare was highest at 58% for "satisfied", and security was highest at 50% for "satisfied". For SBI, awareness was highest at 42% for "knows a little bit", satisfaction was highest at 55% for "satisfied", welfare was highest at
The document provides an overview of labour laws in India. It discusses the history and evolution of labour laws in India, from initial laws passed under British rule to protect British business interests to current laws enshrined in the Indian constitution. Key points covered include the purpose of labour legislation to facilitate employment relationships and protect worker rights, important constitutional provisions regarding labour, the labour policy of India, and an overview of major labour laws covering various aspects of employment.
This document discusses India's large informal sector workforce. It notes that 94% of India's working population is part of the informal sector, totaling 487 million workers. Informal sector workers lack protections, benefits, and stable employment. The document proposes that the government establish a new department to support informal workers by providing healthcare, education, social security, insurance, and enforcing labor laws and standards. This would help lift workers out of poverty, increase productivity, and enable India's economic and social development. The main challenge would be reducing corruption during implementation.
India's social security system has failed to adequately cover those most in need, especially in the unorganized sector. While organized sector workers receive some benefits, over 91% of India's workforce in the unorganized sector lacks access to social security. A national commission found that 79% of unorganized sector workers earn less than Rs. 20 per day with no social protections. Recent government schemes aim to expand coverage, but India still spends just 1.4% of GDP on social protection, among the lowest rates globally. For social security to effectively promote development, India must improve coverage for all citizens, especially the most vulnerable.
This document presents information on social security in India. It defines social security as protections provided by society to guarantee access to healthcare and income security during situations like old age, unemployment, sickness and more. In India, around 80% of workers are in the informal sector and lack social security protections. The document outlines various social security laws and schemes in India but notes challenges in accessing them, especially for informal workers. It calls for ensuring a minimum social security net, better enforcement, and creating awareness and easier registration processes to expand coverage.
The document proposes a Voluntary Enforcement Policy (VEA) to provide social welfare and security to informal sector workers in India. The key aspects of the VEA are:
1. Educational institutions like colleges and universities would adopt sectors and operate door-to-door to register informal workers, provide them a social security number, and help access government benefits.
2. Students would participate through legal aid, medical services, etc. as part of a mandatory academic curriculum.
3. The VEA would have divisions for financial/banking, education, healthcare, and legal aid run by students, professionals, and government officials working collectively.
4. Challenges may include limited resources but can be
In India, unorganized sector play major role in our Indiana economic and large amount of population works in this sector. More than 90 percent of the workforce and about 50 percent of the national product are accounted for by the informal economy. This sector also encompasses the treasure of traditional indigenous knowledge.
It caters to the wide ranging economic requirements of the society. The economic contribution of unorganized sector can be discussed in terms of employment in unorganized sector, contribution to GDP and Gross Value Added and supplying various goods and services for the society.
Unlike the organized sector, even this sector has not received the benefits or organization. Many of them are victims of invisibility. The difficulty starts with identifying the unorganized sector. This report is an attempt to identify the role of the unorganized sector in the Indian economy with special reference to economic contribution and employment.
Current scenario of_social_security_in_india_2Luv Khanna
India's current social security system faces several challenges. It has limited coverage, is fragmented across different regulatory frameworks, and lacks individual choice and portability. The existing system is also financially unsustainable for the government. To address these issues, India introduced the New Pension System in 2004 to provide a uniform regulatory framework and make the system more sustainable. The NPS is a voluntary pension scheme that is available to all Indian citizens between 18 to 55 years old and provides more investment choices compared to previous government schemes.
This document provides an overview of India's social security schemes. It discusses the types of social security programs in India, including contributory schemes, welfare schemes, social assistance programs, and promotional schemes. It also separately examines social security for organized and unorganized sector workers. The major schemes discussed are the Employees' Provident Fund, Employees' State Insurance, National Social Assistance Program, Mahatma Gandhi National Rural Employment Guarantee Act, and Targeted Public Distribution System.
Measures Of Employee Welfare As Per The Frajeevgupta
The document discusses various social security acts and schemes in India, including those governing provident funds, pensions, insurance, and other benefits for organized and unorganized sector workers. It provides details on the Employees' State Insurance Act, Employees' Provident Funds & Miscellaneous Provisions Act, Workmen's Compensation Act, Payment of Gratuity Act, and Maternity Benefit Act. It also discusses welfare measures for workers under the Factories Act such as facilities for washing, sitting, first aid, canteens, shelters and creches.
The document summarizes key social security legislations in India. It discusses legislations related to workmen's compensation, employees' state insurance, maternity benefits, payment of gratuity, and employees' provident fund. The main objectives of social security are to provide compensation during risks or contingencies, restoration of health and employment, and prevention of losses. Social security in India evolved gradually and key milestones included the Workmen's Compensation Act of 1923 and Maternity Benefit Act of 1929. Major social security programs are financed through social insurance and social assistance models.
The document discusses the concept of labour welfare in India. It provides a history of labour welfare from the pre-independence period through present day. Key aspects covered include statutory and non-statutory welfare services within and outside establishments, the objectives and philosophy of labour welfare, social security programs, and the roles of government agencies and private organizations in promoting worker welfare.
The document summarizes the ILO's influence and impact on labor laws and policies in India over several decades. Some key points:
- India has been a permanent member of the ILO governing body since 1922 and was influential in shaping early labor laws.
- ILO conventions and recommendations have informed the development of India's labor code and policies on issues like child labor, trade unions, occupational safety, and employment generation.
- India has ratified 47 ILO conventions covering fundamental, governance, and technical conventions. Labor laws passed in India since 1920 have drawn from ILO discussions and guidelines.
The document outlines the objectives and main postulates of Indian labour laws and policy. The key objectives are social justice through equal distribution of profits between owners and workers, and protecting worker health, safety and morality. The main postulates are that the state acts as custodian of community interests and welfare programs, workers have a right to peaceful direct action if denied justice, and maintaining industrial peace is the primary objective. Labour laws aim to empower workers and ensure fair treatment through mechanisms like collective bargaining, arbitration and a living wage.
The document is a report by the Working Group on Labour Laws and Other Labour Regulations for the Planning Commission of India. It provides historical context for India's labour policy and laws, noting their origins in the country's independence movement and constitution. It then summarizes the key labour laws in India, dividing them into those solely enforced by the central government, and those enforced jointly by central and state governments. The report aims to inform labour law reforms and India's 11th Five Year Economic Plan.
Social security aims to protect workers and their families from economic distress caused by sickness, maternity, disability, unemployment, old age and death. India has various social security schemes for both organized and unorganized sector workers run by the central and state governments. However, only a small portion of Indian workers are covered under these schemes. There are problems like lack of universal social security, poor social governance, and exclusion of large sections of informal workers. Expanding coverage and ensuring inclusive, participatory schemes is needed to achieve social security for all.
This document discusses social security schemes in India, including for organized and unorganized sectors. It provides 3 key points:
1) Social security schemes aim to provide protection to individuals and families against economic and social distress from situations like sickness, maternity, employment injury, unemployment, old age, and death. They traditionally were the responsibility of families but formal social security emerged with industrialization.
2) Schemes for organized sector workers include ESIS, EPF, EDLI, and CGHS which provide benefits like health insurance, pension, and gratuity. Schemes for unorganized sector workers include NSAP, MGNREGA, RSBY, APY and provide social assistance, employment, and insurance.
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The document discusses social justice, organized and unorganized sectors, and labour welfare in India. It provides definitions and characteristics of organized sectors, unorganized workers, and informal sectors. It also describes the importance of labour welfare for workers, employers, and society. Labour welfare aims to provide equal access to wealth, health, and opportunities for all people through amenities, regulations, and institutions.
This document provides an overview of labour law in India. It defines key terms like industrial dispute and wages. It describes the objectives of labour law as promoting social justice, social security, and national economy. It categorizes labour laws into protective, regulative, social security, and welfare laws. The document also summarizes the Industrial Disputes Act of 1947, explaining its provisions for conciliation, courts of inquiry, labour courts, and tribunals for resolving industrial disputes.
The document discusses labor legislation in India. It provides definitions and explains that labor legislation refers to laws enacted by the government to provide social and economic security to workers. The key types of labor legislation discussed are protective legislation, which focuses on minimum labor standards and working conditions; regulatory legislation, which regulates relations between employers and employees; and social security legislation, which provides benefits to workers during difficult times. The document also examines the impact of the International Labour Organization (ILO) on the development of India's labor laws.
This document discusses social security in India. It begins by defining social security and explaining why it is needed. It then describes how social security works, providing cash or in-kind benefits for needs like healthcare. The document notes that Germany started the first social security scheme in 1883. In India, the joint family system traditionally provided social security, but this has declined with urbanization. The document outlines key social security laws in India like ESI, EPF, and maternity benefits acts. However, coverage remains low as 92% of Indian workers are in the informal sector without these protections. It concludes by noting India's social security system differs significantly from developed nations due to its large informal workforce.
Social security provides social and economic security to citizens. It includes programs that provide assistance for retirement, healthcare, unemployment, work-related injury costs. In India, social security is needed due to the large unorganized sector and lack of family support systems. The major social security laws in India are the Employees' State Insurance Act, Employee Provident Funds Act, Workmen's Compensation Act, Maternity Benefit Act, and Payment of Gratuity Act which provide benefits like medical care, income support for unemployment, maternity, retirement and death/disability. However, most social security programs only cover the organized sector leaving many vulnerable groups without coverage.
Social security is defined as security provided by society through appropriate organizations against certain risks like sickness, invalidity, old age, and death. It is recognized as a human right by the UN. Germany pioneered social security programs in the late 1800s and many other countries developed similar programs in the early 1900s. India has implemented various acts to provide social security for organized and unorganized sector workers covering areas like employment injury, maternity, old age, contracts, and more. Examples of comprehensive foreign social security systems include Finland, which covers all residents through tax-funded and employment-based programs.
Employee welfare refers to programs and services provided to employees by employers or organizations for their health, comfort, and improvement beyond regular wages. The objectives of employee welfare are to improve employee loyalty and morale, reduce absenteeism and turnover, and improve industrial relations. Employee welfare can be statutory, mandated by law, or voluntary and includes benefits like healthcare, housing, education, and leave travel assistance. Proper employee welfare contributes to higher productivity by improving employee commitment and satisfaction.
Employee welfare refers to benefits and services provided to employees to improve their living standards. It aims to make work meaningful and includes amenities provided beyond wages. Statutory welfare includes provisions mandated by law like drinking water and first aid, while voluntary welfare differs between organizations. Welfare benefits employee morale, loyalty, and productivity while also improving the employer's public image. It is provided through agencies like governments, employers, unions, and social organizations. Common types are intramural facilities within offices and extramural benefits outside like housing and healthcare. Welfare schemes impact productivity by increasing commitment, satisfaction, and enthusiasm among workers.
The document discusses social security and relevant labor legislation in India. It outlines several key acts that provide social security benefits like pensions, health insurance, and maternity benefits. These include the Employees' Provident Fund Act, Employees' State Insurance Act, Employees' Compensation Act, Maternity Benefit Act, and Payment of Gratuity Act. Additionally, the government has implemented social security schemes for workers in the unorganized sector. Overall, India's social security framework aims to protect workers' livelihoods and welfare.
Employee welfare refers to benefits and services provided to employees for their health, comfort and improvement beyond regular wages. The objectives of employee welfare are to improve employee loyalty and morale, reduce absenteeism and turnover, and improve productivity. Employee welfare measures are provided by central and state governments through various labor laws, as well as employers and trade unions. They include both statutory requirements like rest areas and canteens, as well as voluntary benefits such as housing, education, and medical care. Proper employee welfare contributes to higher productivity by increasing employee commitment and satisfaction with their work.
The document discusses social security for informal sector workers in India. It outlines various social security acts passed since 1923 to protect workers. However, only 8% of workers benefit as the acts only apply to clear employer-employee relationships and most workers are self-employed with no bargaining power. The National Commission for Enterprises in the Unorganized Sector was established in 2004 to address issues. The government has also implemented various schemes but a comprehensive act with provisions for food, health, housing, employment and old age is still needed to adequately address the needs of informal workers.
The document provides an overview of India's social security system. It discusses key trends in India's labor market and the background and types of social security programs in India. For the organized sector, it describes the major social security laws and schemes like the Employees State Insurance Act, Employees Provident Funds & Miscellaneous Provisions Act, and Employees Compensation Act that provide benefits like healthcare, insurance, pensions and gratuity. It also provides charts summarizing the structure of India's social security system.
The document provides an overview of India's social security system. It discusses key trends in India's labor market and the background and types of social security programs in India. For the organized sector, it describes the major social security laws and schemes like the Employees State Insurance Act, Employees Provident Funds & Miscellaneous Provisions Act, and others that provide benefits like healthcare, insurance, pensions and more to industrial workers. It also provides charts summarizing the structure of India's social security system.
The document discusses industrial relations in India, outlining key aspects of the system such as the legislative framework, key actors (employers, workers, government), and tripartite bodies that aim to balance interests. It also covers the evolution of the system from pre-independence to modern times, noting the impact of globalization and technological changes. Maintaining sound industrial relations is important as it can promote productivity and employment while improving lives, whereas poor relations may stunt industry growth and decrease GDP.
The document discusses industrial relations in India, outlining key aspects of the system such as the legislative framework, key actors (employers, workers, government), and tripartite bodies that aim to balance interests. It also covers the evolution of the system from pre-independence to modern times, noting the impact of globalization and technological changes. Maintaining sound industrial relations is important as it can help boost productivity and growth while ensuring social justice and workers' welfare.
The document discusses employee welfare in India. It defines employee welfare as efforts to improve the lives of workers beyond just wages. It outlines the objectives of welfare, which include improving loyalty, morale, and productivity. It also discusses the agencies that provide welfare, including central/state governments, employers, unions, and other organizations. Common types of statutory and voluntary welfare schemes in India are described.
This report argues that the process of reforming India’s labour laws should maintain progressive improvement of substantive and procedural rights for workers in line with India’s human rights and constitutional obligations.Promotion of individual workers’ rights at the expense of collective rights, however, risks undermining collective action and solidarity among workers. While international human rights frameworks have been critiqued for promoting individualistic rights, this report takes care to highlight human rights and constitutional norms and standards that protect not only individual rights, but also collective rights.
This report argues that the process of reforming
India’s labour laws should maintain
progressive improvement of substantive
and procedural rights for workers in line with
India’s human rights and constitutional obligations.
Promotion of individual workers’ rights
at the expense of collective rights, however,
risks undermining collective action and solidarity
among workers. While international human
rights frameworks have been critiqued
for promoting individualistic rights, this report
takes care to highlight human rights and constitutional
norms and standards that protect
not only individual rights, but also collective
rights.
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"Wages , Salary , Administration Perks and fringe Benefits in the Area of HRM...AMU
This document discusses various aspects of wages, salaries, and employee benefits in India. It defines different types of employees and theories of wages. It explains methods of wage payment such as piecework and payment by time worked. It also discusses fringe benefits provided to employees in addition to wages or salaries in India, such as healthcare, retirement benefits, transportation allowances. It covers India's fringe benefits tax and defines perks as more discretionary benefits given to high-performing employees.
The document discusses the key aspects of the proposed Consumer Protection Bill of 2015 in India. It aims to replace the older Consumer Protection Act of 1986 by addressing gaps and introducing radical changes to ensure speedy justice for consumers. Some key points discussed include establishing an independent regulatory authority, introducing product liability provisions, provisions for class action lawsuits and mediation, recognition of unfair contract terms, introduction of a cooling-off period for returns, and stricter punishments for offenses. The bill is intended to provide a more comprehensive framework that protects online consumers and addresses issues around e-commerce as compared to the older legislation.
Mukherji implemented an open door policy to improve upward communication in his company. Some employees used the policy to complain about issues like inadequate policies, procedures, and conflicts with managers. Mukherji addressed these issues by raising them with senior managers and facilitating meetings between complaining employees and their managers. In one case, an employee complained about being overworked by his new manager, who had no management experience. Mukherji arranged a meeting where the manager listened openly and realized he was in over his head, welcoming Mukherji's offer of help to do a better job.
Mischief Rule of Interpretation by Puja Dwivedilegalpuja22
INTRODUCTION:-
Definition: The mischief rule is a principle of statutory interpretation used by courts to determine the intention of the legislature when the language of a statute is unclear or ambiguous.
Origin: Developed by English judges in the 16th century to ensure that laws achieve their intended purpose.
Objective: The rule aims to address the 'mischief' or problem that the statute was intended to remedy.
Heydon's Case (1584):-
Background: this landmark case established the mischief rule.
Principle: The court should consider four things:
What was the common law before the making of the Act?
What was the mischief and defect for which the common law did not provide?
What remedy has Parliament resolved and appointed to cure the disease of the Commonwealth?
The true reason of the remedy.
Case Laws:-
Smith v. Hughes, 1960 WLR 830
Facts: Prostitutes were soliciting in the streets of London, causing law and order issues. The Street Offences Act, 1959 was enacted to address this problem. However, after the enactment, prostitutes started soliciting from windows and balconies.
Issue: Whether soliciting from windows and balconies falls under the purview of the Street Offences Act, 1959?
Judgment: The court applied the mischief rule, interpreting the statute to prevent solicitation by extending the definition of "street" to include windows and balconies. Thus, the defendants were held liable under the Act.
Pyare Lal v. Ram Chandra
Facts: Pyare Lal was prosecuted for selling sweetened supari adulterated with an artificial sweetener under the Food Adulteration Act. He argued that supari is not a food item.
Issue: Whether supari falls under the definition of "food" according to the Food Adulteration Act?
Judgment: Applying the mischief rule, the court interpreted "food" to include items consumable by mouth. Thus, the prosecution was upheld, considering the Act's aim to prevent adulteration of consumable items.
Kanwar Singh v. Delhi Administration, AIR 1965 SC 871
Facts: The Delhi Corporation Act, 1902 authorized the corporation to round up abandoned cattle. The MCD rounded up cattle belonging to Kanwar Singh, who argued that the term "abandoned" didn't apply to his cattle.
Issue: Whether the term "abandoned" in the statute applies to temporarily unattended cattle?
Judgment: Applying the mischief rule, the court interpreted "abandoned" to include temporary loss of ownership, thus upholding the corporation's action.
An Accusation (Egypt Authority Caused The Bomb In The Church 2016) with Signa...Gerges francis
AN ACCUSATION (EGYPT AUTHORITY CAUSED THE BOMB IN THE CHURCH 2016)
(The Cathedral "El-Botrosyia" Church Bomb December 2016)
Written on Thursday 26th October 2023
THE ACCUSATION
I'm, the undersigned, Gerges Francis Tawdrous Gerges, provide A claim against Egypt authority tells "Egypt Authority Caused To Put The Bomb In The Church 2016"
In details- the bomb of El-Botrosyia Church (The Cathedral in Abbsia- Cairo) in 2016 is made by Egypt authority-Also the next 2 bombs in the churches of (Alexandria and Tanta) are made by Egypt authority- I provide the details and proves for this claim
THE ACCUSATION REASON
General / Ahmed Saeed- The Manager Of North Cairo Security caused to use the bomb in El-Botrosyia Church to kill me –
Gerges Francis Tawdrous Gerges – Egyptian- Christian- male – date of birth 9/10/1974
Passport No. A11263731 ID No. 27410090102716
THE ACCUSATION DETAILS
First- The Summary
The bomb in El-Botrosyia Church (The Cathedral in Abbsia- Cairo) is used to kill me- the person ordered to use it is the General/ Ahmed Saeed- The Manager Of The North Cairo Security Sector- when I had discovered this information, I had tried to inform our Pope (his holiness Tawadrous II), but I couldn't, And They know I have discovered this information for that they had to inform the president (Almost the bomb is used without the president knowledge)- as a result- The Egypt president /Abdel Fatah El Sisis he himself ordered to use the two other bombs in the churches of (Alexandria and Tanta) which are occurred after El-Botrosyia Church bomb- he did that as a cover by claim all bombs are made as terrorist works
(CONT)
The Lockdown on Minimum Wage: Everything you need to know:tanisha333186
The Minimum Wages Act, of 1948, serves as the overarching legislation governing minimum wage determination and enforcement across the country. This act outlines the procedures for fixing and revising minimum wage rates, taking into account factors such as cost of living, inflation, and skill levels. Additionally, it mandates the establishment of Minimum Wage Advisory Boards at the state and central levels to advise the government on wage-related matters.
Efforts to Accelerate the Development of Gaming Industry in Indonesia Through...AHRP Law Firm
Presidential Regulation No. 19 of 2024 on the Acceleration of the Development of the National Game Industry was promulgated on 12 February 2024. This presidential regulation accelerated and optimized the potential of games in Indonesia as one of the growth sectors of the creative-based economy. Find out more our insights about this topic in our Legal Brief publication.
Golden Rule of Interpretation by Puja Dwivedilegalpuja22
introduction to the Golden Rule of Interpretation
Definition and Origin:
The Golden Rule of Interpretation is a guiding principle utilized in legal systems worldwide to decipher and implement laws justly and reasonably.
Its roots trace back to ancient legal philosophies, notably derived from the Latin maxim "interpretatio cessat in claris," meaning interpretation ceases when the meaning is clear.
Purpose and Function:
The primary objective of the Golden Rule is to empower judges and legal interpreters to depart from the literal interpretation of statutes when adherence to such interpretations would lead to absurd, unjust, or unreasonable outcomes.
Unlike the strict adherence to the literal meaning prescribed by the Literal Rule, the Golden Rule allows for flexibility in interpretation, ensuring the law's application aligns with the broader principles of justice and fairness.
Evolution and Adaptation:
Over time, the Golden Rule has evolved to meet the changing needs and societal values of legal systems. It adapts to modern contexts, technological advancements, and evolving understandings of justice.
Its application varies across different legal jurisdictions but remains a fundamental tool in statutory interpretation worldwide.
Literal Rule vs. Golden Rule
Literal Rule:
The Literal Rule is a traditional approach to statutory interpretation that mandates strict adherence to the plain and literal meaning of the words used in a statute.
Under this rule, judges are expected to interpret legislation based solely on the language's explicit wording, without considering underlying intentions, societal implications, or potential absurdities that may arise from a literal interpretation.
Golden Rule:
In contrast, the Golden Rule of Interpretation provides judges with the discretion to depart from the literal meaning of statutes when necessary to avoid absurd or unjust outcomes.
It serves as a balancing mechanism, allowing courts to interpret laws in a manner that aligns with broader principles of justice, fairness, and legislative intent.
While the Literal Rule focuses solely on textual analysis, the Golden Rule recognizes the need for flexibility and adaptability in legal interpretation, particularly in complex or ambiguous situations.
Illustrative Example:
Case Law Example: State of Madhya Pradesh v. Azad Bharat Financial Company (1967)
This case exemplifies the application of the Golden Rule, where the literal interpretation of the Opium Act of 1878 would have led to the unjust confiscation of a vehicle due to the presence of contraband.
By applying the Golden Rule, the court interpreted the statute in a manner that prevented injustice, highlighting the rule's essential role in safeguarding fairness and equity in legal proceedings.
CSC Lawyers Incorporating Service is a 1505 Corporation in California. Here is a list of employees who can accept service of process for CSC Lawyers Sacramento: BECKY DEGEORGE
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We are Sacramento CA process servers and we serve legal documents to CSC Lawyers Sacramento.
Introduction
FIU IND, short for Financial Intelligence Unit - India, is an agency responsible for receiving, analyzing, and disseminating information relating to suspicious financial transactions. It plays a crucial role in combating money laundering and terrorist financing. FIU registration is mandatory for certain financial entities to ensure they comply with the legal requirements and contribute to the integrity of the financial system.
An example of a petition written pro-se by the victim to defend against delusional false accusation by an abuser.
Writ of Certiorari written by an autistic defendant who is a victim of harassment and was falsely accused by her very own abuser.
Individuals with autism has difficulties in communicating, and this gives plenty of advantages for abusers because autistic individuals are naive and not able to defend themselves due to communication issues. The abuser in this case happens to be a school principal who bullies and harasses disabled students and parents on regular basis, but she is able to walk away free because of her craftiness and her exceptional abilities to lie. She is a pathological liar and she is able to deceive law enforcement and the court. This document describes the truth and the ordeal that one of her victims had to go through without being able to get help because the abuser was able to manipulate a large number of people. This document also shows how the current justice system fails to accommodate disabilities especially autism spectrum disorders. Despite a campaign by Pennsylvania Supreme Court to enable autistic individuals to access justice, the courts in Pennsylvania, including the Supreme Court itself is still far far away from understanding Autism. Autistic people have to suffer in silence, and many of them are victims of abuse but they are not able to defend themselves. This explains why suicide rates amongst autistic populations are extremely high.
Social Security in Informal Sector: A Myth or reality
1. 87 Print ISSN: 2348 – 814X
SJIF Impact Factor: 4.138 ISI Impact Factor (UAE): 0.815 Print ISSN: 2348 – 814X
EPRA International Journal of Environmental Economics, Commerce
& Educational Management (ECEM)
Volume: 4 March-April 2017-18
SOCIAL SECURITYIN INFORMALSECTOR: AMYTH OR
REALITY
Seied Beniamin Hosseini1
, Prof, Dr.Aisha. M. Sheriff2
& Shima Azizi3
1
PG Student in MBA, B.N. Bahadur Institute of Management Sciences (BIMS), University of Mysore,
Karnataka, India
2
Professor and Dean .B.N. Bahadur Institute of Management Sciences (BIMS), University of Mysore,
Karnataka, India
3
PhD Scholar in Law, Post-Graduate Department of Law & Research, University of Mysore,
Karnataka, India.
.
ABSTRACT
In the present study, the author is going to consider related constitutional rights and existing
regulations as well as roots and coverage of social security in unorganized sectors in India. In the
case of India, Social Security is a wide approach designed to prevent deprivation, assure the individual of
a basic minimum income for himself and his dependents and protecting individuals from any uncertainties.
The State bears a primary responsibility for developing an appropriate system to provide assistance and
protection to its workforce. Social Security is increasingly viewed as an integral part of development process.
Definitely, it will help the system to create a more positive attitude over the challenge of globalization and
technological changes. The objectives of the present study are to analyze the various constitutional rights and
existing regulations related to social security in India and specifically to examine the various problems belong
to India’s unorganized labours encounter to the pursuit of their life strategies. Furthermore, the researcher is
going to consider the state responsibility for the effective protection of unorganized labour’s welfare. This
study is based on secondary data. In this regard, various libraries were visited and some websites and online
journals were reviewed. The researcher through studying various regulations, and constitutional rights will
prove that this kind of change both the external and internal control method in Indian society such as,
stringent law and economic conditions as well as the independent economic status of unorganized labours and
existence of clear strategy to provide effective social security can reduce poverty among unorganized labours
in India.
KEYWORDS: Social Security, Unorganized Labour, Protection, Unorganized Sectors, Social Security
Act, Labour Law, ILO
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INTRODUCTION
The Indian Economy is characterized by
the existence of a vast majority of informal or
unorganized labour employment. As per the
Economic Survey 2015 to 2016, 90 percent of India’s
workforces include the self employed and
employed in unorganized sector. The Ministry of
Labour, Government of India has categorized the
unorganized labour force under four groups in
terms of first, occupation like Small and marginal
farmers, landless agricultural labourers, share
croppers, fishermen, those engaged in animal
husbandry, and etc, Secondly, Nature of
Employment like Attached agricultural labourers,
bonded labourers, migrant workers( Labourers
working on Salal Hydo Project Vs state of Jammu
& Kashmir and others, in this case , migrant
workmen employed in the project were being
denied the benefits of various labour laws), thirdly,
Distressed categories, Toddy tappers, Scavengers,
Carriers of head loads, Drivers of animal driven
vehicles, and finally Service categories like
Midwives, Domestic workers, Fishermen and
women, Barbers, Vegetable and fruit vendors,
News paper vendors etc. In addition to these four
categories, there exists a large section of
unorganized labour force such as cobblers,
Handicraft artisans, Handloom weavers, Lady
Tailors, Physically handicapped self employed
persons, Rikshaw pullers, Auto drivers and etc.
The underlying idea behind social security
measures is the responsibility of the society to
protect the working class that contributes to the
welfare of the society against hazards1
. It protects
entire family‘s health care and financial security
of a workman,. The social security can be provide
by institutional and non-institutional agencies. The
non-institutional agencies are the back bones of
the present social security programs which exists
from time of immemorial. India is a good example
of having non-institutional form of social security
measures in the world which are protected in joint
family set up and the caste system for the hardship
due to unemployment, economic difficulties, old
age and widowhood. This indicates that India had
its own social security system2
of self-sufficient
village economy; caste system; joint family system;
organizations of charity. The ideals of social
security ultimately became a social responsibility
which is largely depending on the resources and
needs of the country. India is a country where
economic needs are more resources and are less.
When independent India’s constitution was
drafted, social security was specially included in
List III to Schedule VII of the constitution and it
was made as the concurrent responsibility of the
Central and State Governments. A number of state
policies in respect of directive principles relating
to aspects of social security were incorporated in
the Indian Constitution. The initiatives in the form
of Acts such as the Workmen’s Compensation Act
(1923), the Industrial Disputes Act (1947), the
Employees State Insurance Act (1948), the
Minimum Wages Act (1948), etc. reveal attention
is given to the organized workers to attain different
kinds of welfare benefits such as social security.
Therefore, the above Acts are very negligible to
the unorganized workers. As the matter of fact,
providing social security to rural poor and
unorganized labour section is not as much as
expected and must be done. Both the Central and
State Governments have formulated certain
specific schemes to support an unorganized
worker which fails in meeting with the real needs
and requirements of the unorganized sector
labour force. Here The question is what constitutes
appropriate and adequate social security for the
vast mass of unorganized workers and their
dependents, what eligibility criteria, if any, ought
to be prescribed, what will be the scale of benefits
that the workers and their families are entitled to
receive. Aren’t the unorganized workers of this
country entitled to receive, in this 60th
year of the
Republic, minimum standards of social security
and labour rights? In fact a comprehensive Act
must be created cater to the security needs of the
unorganized sector such as Food, Nutrition, Health,
Housing, Employment, Income, Life and accident,
and old age in India.3
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OVERVIEW OF SOCIAL SECURITY
BACKGROUNDS IN INDIA
Today, most countries have some type of
social security system. the most common type of
program is for old-age, disability, and survivors’
pensions, followed by programs for benefits for
work injuries and occupational diseases, sickness
and maternity, family allowances and
unemployment. In international context,
International Labour Organization (ILO) founded
in year 1919 for promoting social justice and
improving the working and living conditions of
workers throughout the world. It made a
beginning in this field by emphasizing the
importance of comprehensive social security
measures in the preamble to its constitution, in
which it promised “protection of the worker against
sickness, disease and injury arising out of his
employment, the protection of children, young
persons and women, provision for old age and
injury 4
The recognition of social security as a basic
human right was enshrined in the 1948 Universal
Declaration of Human Rights in Article 22.
In Indian scenario, the Apprentices Act
1961, figures the first law relating to labour.5
It
was enacted for enabling children to learn crafts,
and trade to seek employment to gain a livelihood
when they come to the full age. Cotton and jute
mills have been established during 1850s it can
be marked as beginning of factory system in India.6
Fatal Accidents Act 1855, enacted for providing
compensation to legal heirs of these employees
where by an actionable wrong death occurred.7
Indian Merchant Shipping Act 1859 was passed to
regulate employment of seamen and provides
better health to them. In the same year Workmen’s
Breach of Contract Act 1859 was passed and
provides criminal penalties for workers for breach
of contract of service. Employers and Workmen
(Disputes) Act 1860, were provide speedy and
summary settlement of disputes between
employers and workmen.8
By 1881, factory system
clearly emerged in India, but workers did not
organize themselves simultaneously with the
industrialization and Indian Factories Act18819
was
passed in order to improve the conditions of
plantations labours. In order to secure safety and
health conditions of work in mines Indian Mines
Act 1991were passed. It is evident that, all these
early legislations were enacted in connection with
specified classes of industries and but did not
extend to the entire working class of workers.
India is a member of ILO since its
inception in year 1919. ILO has adopted many
recommendations and conventions casting
different types of liability on Government
industries, and labours.10
India passed a major
enactment called Workmen’s Compensation Act,
1923, with an object to eliminate hardship caused
to workmen injured, through providing prompt
payment of benefits regardless of fault from their
side and with minimum legal formalities. It
imposed many obligation upon employers to pay
compensation to workers for accidents arising in
the course of employment, death, and
disablement11
respectively Government of India in
year 1925 enacted another Act, Provident Fund Act
1925.12
Royal Commission on Labour was
appointed in 1929 which recommended a scheme
for health insurance to industrial workers on a
contributory basis and provisions against old age
and payment of gratuity to them. The Government
of India Fatal Accidents Act laid down the subjects
on which Federal Legislature could pass industrial
laws. During the period of 1919 to 1942, there was
a great progress in modifying old laws13
and in
enacting of new ones14
were passed for specifically
addressing certain industrial establishments15
.
These were not merely intended for regulating
employment in the industries but attempted to give
better conditions of employment like shorter
hours of work, weekly holidays, safety of premises
and payment for overtime, rest period and paid
holidays. All these changes16
were made mainly
due to the emergence of ILO. In 1943, ‘Standing
Labour Committee’ was appointed by the
Government of India. The Constitution of this
Committee and Indian Labour Conference effected
remarkable changes in the attitude of Government
in respect of labour were this committee
constituted for the purpose of formulating a
scheme for health insurance for individual
Social Security in Informal Sector: A Myth or Reality Seied Beniamin Hosseini, Prof, Dr.Aisha. M. Sheriff & Shima Azizi
4. Volume - 4 March - April 2017-1890
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workers. In 1947, India became independent and
interim government formed its cause greater to
worker’s legitimate ambitions and accelerated
harmony in the industrial relations. The interim
government formulated a five years plan for the
welfare of the labour. To organization of the health
insurance scheme, revision of the Workmen’s
Compensation Act, central law for maternity
benefit and extension to other classes of workers
the right within specific limits to leave with
allowances during sickness.17
Industrial Disputes
Act 1947 introduced an adjudicating system where
an industrial worker can raise an industrial
dispute. Gratuity it was considered as a cause of
industrial dispute and it recognized as a legal
right. Mica Mines Labour Welfare Fund Act, 1946
and Coal Mines Provident Fund and Bonus Scheme
Act, 1948 were enacted and these provided for levy
of access on the output of the industry to finance
housing and such other projects like nutrition,
provision for water supply, educational and
recreational facilities of workmen employed in that
sector. Employee’s State Insurance Act 1948
introduced benefits in the event of sickness,
scheme of compulsory health insurance, maternity
and employment injury to workmen. The
Employees’ Provident Funds & Miscellaneous
Provisions Act, 1952 which applies to specific
scheduled factories and establishments employing
20 or more employees and ensures terminal
benefits to provident fund, superannuation
pension, and family pension in case of death
during service. The Payment of Gratuity Act, 1972,
which provides 15 days wages for each year of
service to employees who have worked for five
years or more in establishments having a
minimum of 10 workers. Separate Provident fund
legislation exists for employee who employed in
Tea Plantations, Coal Mines, and seamen in the
State of Assam. The Maternity Benefit Act 1961
provides 12 weeks wages during maternity and
paid leave in certain other related contingencies.
Hence, the government made many efforts to
implement welfare provisions for the labour force
in India, but due to lack of interest of provincial
governments in its implementation and
supervision and lack of addressing the issues
related to needs of the unorganized sector such
as Food, Nutrition, Health, Housing, Employment,
Income, Life and accident and etc, did not yield
the intended result.
CONSTITUTIONAL RIGHTS AND
THE UNORGANIZED SECTOR
WORKERS’ SOCIAL SECURITY ACT,
2008
In the Constitution of India from 1950,
Articles 14-16, 19(1)(c), 23-24, 38, and 41-43A
directly concern about labour rights. Article 14
states that everyone should be equal before the
law; Article 15 specifically says that the state should
not discriminate against citizen, and Article 16
extends the right of “equality of opportunity” for
appointment or employment under the state.
Article 19(1)(c) gives every citizen a specific right
“to form unions or associations “. Article 23
prohibits all forced labour and trafficking, while
Article 24 prohibits child labour under 14 years
old in a factory, mine or any other hazardous
industry “. Articles 38-39, and 41-43A, however,
like all rights listed in Part IV of the Constitution
are not enforceable by courts, rather than creating
an inspirational “duty of the State to apply these
principles in making laws”.18
The original
justification for leaving such principles
unenforceable by the courts was that
democratically accountable institutions ought to
be left with discretion, given the demands they
could create on the state for funding from general
taxation, although such views have since become
controversial. Article 38(1) says that in general,
the state should “strive to promote the welfare of
the people” with a “social order in which justice,
social, economic and political, shall inform all the
institutions of national life. In Article 38(2) says
that state should “minimize the inequalities in
income” and based on all other statuses. Article
41 creates a “right to work”, which the National
Rural Employment Guarantee Act 2005 which
attempts to put it into practice. Article 42 requires
the state to “make provision for securing the
human conditions of work and maternity relief”.
Article 43 says that workers should have the right
5. 91 Print ISSN: 2348 – 814X
to a living wage and “conditions of work ensuring
a decent standard of life”. Article 43A, inserted by
the Forty-second Amendment of the Constitution
of India in 1976,19
creates a constitutional right to
codetermination by requiring the state to legislate
to “secure the participation of workers in the
management of undertakings”.
Moreover, the Unorganized Sector
Workers’ Social Security Act, 2008, primary aims
at providing social security and welfare of
unorganized sector workers. The Act envisages
that the state government may formulate suitable
welfare schemes including provident fund,
employment injury, benefit, housing, educational
schemes for children and which may be wholly
funded either by the central government or shared
by Central and State Government or along with
the contribution from employers. This Act also
lacks of fund allocation which is according to the
discretion of Central or State Government at the
present time. The fact is that the social security
provided by this Act does not recognize social
security as a right. Furthermore, the Act is only
neither advisory body and nor an empowered
body. Therefore this Act does not provide any
securities which were expected to unorganized
sector.
UNORGANIZED WORKERS
An Unorganized Sector is defined as the
sector where the elements of organized sector are
absent. In the absence of analytical definition, the
landscape of the unorganized sector becomes
synonymous with the kaleidoscope of unregulated,
low-paid poorly and skilled workers. The
unorganized sector consists of all private
enterprises having less than 10 workers in total,
operating in a partnership or proprietary basis.
The informal sector is not a closed and separate
circuit of work and labour. There are different
terminologies used to signify the unorganized
sector like informal sector, informal economy, and
even informal labour which often highlights the
most affected part of the sector, namely, the labour.
“Informal labour is a labour whose use is not
governed either by collective agreements or by
state regulations between employers and
workers.” India’s workforce comprises nearly 90
per cent in the unorganized segment, with the
entire farm sector falling under the informal
category, while only one-fifth of the non-farm
workers are found in the organized segment.
Around 487 million workers are available in India,
of which over 94 per cent work in unorganized,
unincorporated enterprises. The growth of formal
employment in the India has always been less than
total employment, indicating a faster growth of
employment in the informal sector which makes
it vulnerable to socio- economic hardships. The
major characteristics of the unorganized workers
are included; The workplace is scattered and
fragmented, in fact, there is no formal employer
– employee relationship, in rural areas, the
unorganized labour force is highly stratified on
caste and community considerations and in urban
areas while such considerations are much less, it
cannot be said that it is altogether absent as the
bulk of the unorganized workers in urban areas
are basically migrant workers from rural areas.
Usually, workers in the unorganized sector are
subject to indebtedness and bondage as their
meager income cannot meet with their livelihood
needs and they are subject to exploitation
significantly by the rest of the society. They receive
poor working conditions especially wages much
below that in the formal sector, even for closely
comparable jobs, Primitive production
technologies and feudal production relations are
rampant in the unorganized sector, and they do
not permit or encourage the workmen to imbibe
and assimilate higher technologies and better
production relations, The unorganized workers do
not receive sufficient attention from the trade
unions.20
In the case “Balaram Sahu and ORS Vs
State of Orissa and ORS”, the casual workers in
Rengali Power Project of state of Orissa in their
appeal claimed that they were entitled to equal
wages on the same basis as paid to regular
employees as they were discharging the same
duties and function. Therefore, it is recommended
that all organized workers including those who
go in and out of the formal and informal set up
must be brought under the ambit of law regarding
to effective protection of unorganized labourers.
Social Security in Informal Sector: A Myth or Reality Seied Beniamin Hosseini, Prof, Dr.Aisha. M. Sheriff & Shima Azizi
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Problems of Unorganized Sector include;
90 per cent of workforce in vast informal sector,
little awareness of workplace hazards, living areas
close to work areas, extended work hours,
exploitation, no concept of occupational safety
services, lack of implementation of Health and
Safety legislation. Furthermore the women
workers may encounter desperately low wages,
disease causing environments and fraudulent
contractors.21
Moreover, according to 2001 Census, India
had 12.6 million children, aged 5–14, who work
either full-time or part-time. Poverty, lack of
schools, poor education infrastructure and growth
of unorganized economy are considered as the
most important causes of child labour in India
while Article 24 of India’s constitution prohibits
child labour, but only in factories, mines or
hazardous employment. Nevertheless, child labour
is observed in almost all unorganized, informal,
and small scale sectors of the Indian economy. 22
In this regard it can be mentioned here that the
case” Bandha Mukti Morcha Vs Union of India &
ORS” Article 32 of Indian Constitution stops
employment of children. But in carpet industry in
Uttar Pradesh State, were employed children below
14 years. The main contention of the petitioner
group is that employment of the children in any
industry or hazardous industry is violation of
Article 24 of Indian Constitution.
As the matter of fact that much has been
done in providing social security cover to the rural
poor and the unorganized labour force, the country
has made some beginning in that direction. Both
the central and state governments have formulated
certain specific schemes to support unorganized
workers which fail in meeting with the real needs
and requirements of the unorganized sector
labour force and comprehensive Act, catering to
the security needs of the unorganized sector such
as Food, Nutrition, Health, Housing, Employment,
Income, Life and accident, and old age remains a
dream in India.
CONCLUSION
In a nutshell, the present social security
system in India is under distress because of
multiplicity of laws, shortage of coverage, and lack
of policy and insecurity of implementation
mechanism. Further lack of employment
opportunities is the key concern, 90 percent of
the workforce is in the informal sector which is
largely unrecorded and the system of payroll
deduction is difficult to apply. Even today 12.5 per
cent of the world’s older people live in India. The
overwhelming majority of these depend on
transfers from their own children. The historical
overview of labour laws in India reveals the fact
that in India social security is not an alien concept.
Therefore, Understanding about how the legal
system works in other countries will definitely
help the government of India in granting
unorganized workers social protection and basic
rights. Moreover, the law has failed to endow social
security, welfare and Unorganized Sector Workers’
Social Security Act, 2008 suffers from a serious
lack of legislative policy and intent as well.
Unfortunately, standards and labour laws relating
to the unorganized sectors are ineffective and
inadequate.
Notes
1
Harry Calvert, Social Security Law, Sweet & Maxwell, London
(1978), p.38.
2
Mamuria & Doshi, Labour Problems and Social Welfare in India,
KitabMahal Pvt. Ltd., Allahabad (1966), p.339.
3
Tomy Jacob, The Unorganized sector in India, 2014.
4
Constitutionof ILOandStandingOrdersof theInternational l Labour
Conference (Geneva, ILO 1955), p.3.
5
S.R.Samanth, Industrial Jurisprudence, M/s.N.M.TripathiP.Ltd.,
Bombay, p.54.
6
Factory System (India) Report of the Commission, question by Mr
Anderson and replied by Lord George Hamilton, HC Deb. 10 April
1877 Vol. 233.Retrieved from:,http://hansard.millbanksystems. com.
commons, (accessedon 22/01/2017)
7
Compensation was given only if it is proved in the Court of law that
the accident was not due to obvious neglect of workers.
8
This Act was the forerunner of Industrial Disputes Act, 1947 which
played an important role in modern industrial life.
9
It was re-enacted in 1911.
10
Amongthem Indiaratified only 3 conventionsrelatingto workmen’s
compensation, on occupational diseases and equality of treatment in
accident compensation.
11
The Act was amended 7 times during this period.
12
This Act is enacted with a view to set up a fund which is to be
maintained by Government and Semi-government organizations.
7. 93 Print ISSN: 2348 – 814X
13
IndianMerchant ShippingAct, 1923;AssamLabour andEmigration
Act, 1893; Indian Mines Act, 1901; Factories Act, 1911 improved up
in their scope and object. Employers and Workmen (Disputes Act,
1860 and Indian Fatal Accidents Act, 1855 were reenacted as
Workmen’s compensation Act and Indian Trade Disputes Act.
14
Tea Districts Emigrant Labour Act, 1932; Indian Mines Act, 1923
and Indian Factories Act, 1934.
15
Mines Maternity Benefit Act, 1941; Indian Motor Vehicles Act,
1939; Indian DockLabourer’s Act, 1934
16
Children (Pledging of Labour) Act, 1933; Payment of Wages Act,
1936; Employees Liability Act, 1938; Employment of Children Act,
1938; Weekly Holidays Act, 1942 are some of the new enactments
passed during this period relating to labour. These new legislations
extend to the entire working class as distinguished from workers in
specific industry
17
Report of the National Commission on Labour I, at p.163, retrieved
from:
https://casi.sas.upenn.edu/sites/casi.sas.upenn.edu/files/iit/
National%20Commission%20on%20Labour%20Report.pdf,(accessed
on: 17 June, 2016).
18
Constitution of India, Article 37; Central Government Act , states
that,ApplicationoftheprinciplescontainedinthisPartTheprovisions
contained in this Part shall not be enforceable by any court, but the
principles therein laid down are nevertheless fundamental in the
governance of thecountry and it shall be the duty of theState to apply
these principles in making laws.
19
Constitution of India, Article 42, states that, Provision for just and
humane conditions of work and maternity relief TheState shall make
provision for securing just and humane conditions of work and for
maternity relief, Amendment Act1976.
20
Ministry of Labour and Employment, Unorganized labour force in
India,retrievedfrom:http://vikaspedia.in/social-welfare/unorganised-
sector-1/categories-of-unorganised-labour-force, (accessed on 22
January, 2017)
21
KeyLabourIssuesin the Unorganized Sector,retrievedfrom; http:/
/www.visva bharati.ac.in/InstitutionsCentresSchools/Contents/cjmc-
report-080413.pdf , (accessedon 22 January,2017)
22
Labour in india, retrieved from; https://en.wikipedia.org/wiki/
Labour_in_India (accessed on22 January, 2017)
REFERENCES
1. Children (Pledging of Labour) Act, 1933; Payment
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2. Constitution of ILO and Standing Orders of the
International l Labour Conference ,Geneva, ILO
1955, S.R.Samanth, Industrial Jurisprudence, M/
s.N.M.TripathiP. Ltd.,Bombay.
3. Constitution of India,Article 37.
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7. Harry Calvert,Social Security Law,Sweet & Maxwell,
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8. Mamuria & Doshi, Labour Problems and Social
Welfare in India, KitabMahal Pvt. Ltd., Allahabad
(1966).
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1237548159/NLCII-report.pdf ,accessed on 22
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080413.pdf ,Accessed on 22 January,2017
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Social Security in Informal Sector: A Myth or Reality Seied Beniamin Hosseini, Prof, Dr.Aisha. M. Sheriff & Shima Azizi